The complainant Sri Ashok Kumar Nathani has filed this complaint petition against Senior Superintendent of post office, Goshala Road Muzaffarpur for realization of Rs. 40,000/- as economical loss, Rs. 4 lac/- for mental harassment and Rs. 60,000/- for physical harassment total Rs. 5 lacs/-
The, brief, facts of the case is that the complainant namely Puspa Devi purchased Postal Life Insurance Policy bearing No- RBHMZ-EA-89874 in which the complainant is nominee. The further case is that the wife of complainant died on 04-02-2010 and after death of his wife complainant filed claim for PLI, in the month of March 2009 and submitted all the papers demanded by Senior Superintendent of post but maturity payment was not made in his favour. The further case is that the complainant wrote information letter, to Chief Minister Bihar, Principal Secretary, Financed Department, Patna, Post Master General Bihar Circle Patna but the payment of the claim was not made.
The complainant has filed the following documents with the complaint petition- Photocopy of Claim form –annexure-1, photocopy of Letter of Asstt. Director of PMG Muzaffarpur to Ashok Kumar Nathani -annexure-2, photocopy of letter of Ashok Kr Nathani to Sub Postal Superintendent GPO. Muzaffarpur annexure-3, photocopy of letter of Ashok Kr. Nathani to Sr. Superintendent of Post Office Muzaffarpur annexure-4, photocopy of letter of Ashok Kr. Nathani to Chief Post Master, General Bihar Circle, Muzaffarpur annexure -5, photocopy of letter of Ashok Kr. Nathani to Chief Minister Gov. of Bihar annexure-6, photocopy of letter of Ashok Kr. Nathani to Sr. Postal Superintendent Muzaffapur annexure-7, photocopy of application of complainant under R.T.I annexure-8, photocopy of letter dated 31-08-2012 of Joint Secretary Finance Department Government of Bihar to Chief Post Master General Bihar circle -annexure-9, photocopy of letter dated 22-11-2011 of Senior Superintendent post office Muzaffarpur to Ashok Kr. Nathani annexure-10, photocopy of letter dated 02-05-2012 of public information officer cum Senior Postal Superintendent to Ashok Kr. Nathani annexure-11, photocopy of petition of Gopal Kr. Nathani to Senior Superintendent of Post Muzaffarpur -annexure-12, photocopy of letter dated 14-03-2011 of Incharge (I.T.I Sale) office of the C.M.G. Bihar Circle to Senior Superintendent of Post Muzaffarpur annexure-13, photocopy of acknowledgment of Information request under RTI 2005-anexure-14, photocopy of receiving annexure-15, photocopy of enquiry slip annexure-16, photocopy of letter of Senior Superintendent at Post Muzaffarpur dated 08-03-2010 annexure-17, photocopy of pass book annexure-18, photocopy of PLI bond annexure-19, photocopy of letter of Superintendant of Post Muzaffarpur regarding settlement of death claim annexure-20, photocopy of death certificate annexure-21,photocopy of affidavit annexure- 22.
On issuance of notices o.ps appeared and filed their w.s. on 13-08-2013 with prayer to direct to the claimant to cooperate the o.p for completion of his claim papers Issuance of policy of Postal Life Insurance Policy No. –R- BHMZ-EA-89874 in the name of policy holder Late Puspa Devi w/o-Ashok Kr. Nathani on 19-05-2004 for Rs. 20,000/- is an admitted fact. It has been further mentioned in the w.s. that the date of maturity of policy was on 05-09-2012. It has been further mentioned that the premium for the month of March 2009 was paid on 19-03-2009 and thereafter no premium was continued to be paid. It has been further mentioned that Policy Holder Puspa Devi is reported to expire on 04-02-2010. It has been further mentioned that till the death of the Policy Holder, monthly premium remained unpaid from the month of April 2009 so the policy suffered with discontinuation of premium. Filing of death claim after death of his wife with declaration of no objection from the second nominee Gopal Kr. Nathani son of insured is also an admitted fact. It has been further mentioned that the claimant didn’t furnish the required L.I.-9 Form and initial supporting paper for the claim. It has been further mentioned that the policy is discontinued and its final disposal is subject to appreciation of relevant P.O.I.F Rules 40 (i), (ii). It has been further mentioned that competent authority of the Department of posts would dispose of the claim of the claimant shortly on examination of enquiry report.
On behalf of o.ps photocopy of letter dated 08-03-2010 of Senior Superintendent of post Muzaffarpur to sub Post Master Dholi and photocopy of rules-39 (1) of Postal Life Insurance and Endowment Assurance, Rules has been filed as annexure-1 & 2.
Section 39 (1) of the above rule is as follows- If, in the case of policy of less than three years’ duration the premium due be not paid on or before the 21st day of any month in which such premium is due the policy will become void. But if all arrears of premium are paid within six months from the first day of the month for which the premium was due and if an application for the revival of the policy is made to the Postmaster-General, the Postmaster-General may, in his discretion. allow the policy to be revived subject to the payment of all arrears and to the further payment within a date to be specified by him of such fine if any, as he may impose, The Postmaster-General may also require the production of a medical certificate of continued good health. In the case of those policies whose premium accounts are maintained by the Director, Postal Life Insurance, Calcutta he will report the receipt of arrears of premium to the Postmaster-General to enable him to issue the necessary orders in each case a copy of which will be endorsed by the Postmaster-General to the Director P.L.I. Calcutta for record in his office.
- When a policy becomes void for default in payment of premiums in terms of sub-rule (I) above, any payments purporting to be premium payments subsequently made but before the policy is formally revised under the provisions of sub rule- (1) above or rule 41 will be held in suspense and will not be considered as payment by way of premiums.
Note-1- Should the insured person die after the expiration of the days of grace allowed for the payment in each month of the premium due for that month but before the date of the policy in accordance with this rule, no claim for the payment of the policy will be entertained.
Note- 2-For the purpose of this rule, an insured person is not to be considered as in arrears of premium for any month so long as he has not been able to draw any pay, pension or suspension allowance or, if the insured person is on leave in India, any leave allowance though due, for the month next before it due to circumstances beyond his control. See also Note-4 to rule 28 and the Note below rule-36.
Learned lawyer for the complainant submits that the premium has not been deposited as per notice in the life time of insured.
Learned lawyer for o.p submits that vide letter 08-03-2010 (annexure-A) the policy of Puspa Devi was renewed and she was directed to pay Rs. 1462/- till 31-03-10. But the insured has not paid the premium amount after March 2009 whereas she died on04-02-2010. He further submits that as per rule-39 of Postal Life insurance and endowment Assurance, Rule if the policy become lapse due to default in payment, so policy became void and the same will not be considered for payment by way of premium. He further submits that the Postal department is ready to pay the amounts deposited as premium of the policy after fulfilling the required papers.
Issuance of policy bond in the name of Late Puspa Devi is an admitted fact. The o.p has stated in para-4 of his w.s. that the premium for the month of March 2009 was paid on 19-03-2009 and thereafter no premium was continued to be paid. It has been further mentioned in the same para- that policy holder Puspa Devi is reported to expire on 04-02-2010. It has been further mentioned that till death of the policy holder monthly premium remained unpaid from the month of April 2009 and the policy suffered discontinuation of premium. In written argument the complainant has accepted the above facts in para no. 3. In the written argument it has been also mentioned that H/o Puspa Devi was seriously ill. It has been further mentioned in the same para that he was admitted to Dr. Sri Narayan Mishra on dated 22-03-2009 to 26-01-2010 and when the complainant became released from the Doctors treatment, his wife Puspa Devi expired on 04-02-2010. He has also admitted that the department of post had sent a letter dated 08-03-2010 to the Post Master of Dholi Post office and the post Master of Dholi sent the notice to the complainant to pay Rs. 1462 till date 31-03-2010. He has stated that the postal employees denied to deposite the rest amount. After March 2009, the insured was alive since 04-02-2010 but she did not deposite the insurance premium amount. It was her duty to pay the insurance amount but she didn’t do so. Section-39 (rule-1) of rules relates to Postal Life Insurance and Assurance. As per above rule, if the premium is not paid on or before the 21st day of any month in which such premium is due, the policy will become void, and revival of the same may be allowed within 6 months. After revival of the policy the amount of premium due has not been paid, so policy become void for default in payment of premium in terms of sub rule- (1) of 39 of the above rule.
On the basis of the above discussions we are of the considered opinion that there is no deficiency in service on part of the o.ps and as such this complaint petition is liable to be dismissed.
Accordingly, the complaint petition is dismissed with direction to postal authorities to pay the amount deposited in the policy after fulfilling the required criteria.
