Orissa

Malkangiri

CC/50/2019

Abla Bala, - Complainant(s)

Versus

Sub Post Master, Tamasa, - Opp.Party(s)

Self

13 Aug 2020

ORDER

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Complaint Case No. CC/50/2019
( Date of Filing : 27 Aug 2019 )
 
1. Abla Bala,
aged about 37 years, W/O Gaurang Bala, Resident of Vill. MV.07, Po.Tamasa, PS/Dist. Malkangiri.
...........Complainant(s)
Versus
1. Sub Post Master, Tamasa,
At. MV.07, PO. Tamasa, PS/Dist. Malkangiri.
2. Sr. Superintendent of Post Office,
Head Post Office, Jeypore, At/PO. Jeypore, PS. Jeypore, Dist. Koraput.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sabita Samantray PRESIDING MEMBER
 HON'BLE MR. Rajesh Chodhuri MEMBER
 
PRESENT:
 
Dated : 13 Aug 2020
Final Order / Judgement
  1. Brief fact of the case of the complainant is that on 28.12.2013 she opened Postal Life Insurance amounting to Rs. 1,00,000/- with premium @ Rs. 845/- per month and deposited total Rs. 22,234/- till February, 2016.  It is alleged that on March, 2016 while she deposited the premium amount, the O.P. No. 1 refused to accept the same stating that the Department has already seized the said insurance policy and also denied to accept the future premiums.  It is also alleged that the O.Ps have not issued the proper policy bond in her favour and also the O.Ps have not refunded the premiums deposited against the alleged insurance policy.Thus suffering from mental agony and physical harassment, she filed this case with a prayer to direct the O.Ps to refund Rs. 22,234/- with 18% interest and to pay him Rs. 50,000/- and Rs. 10,000/- towards compensation and costs of litigation.
  1. The O.Ps have appeared and filed their common counter admitting the deposit of insurance premium by the complainant with them, but denied the allegations contending that due to non receipt of the documents from the complainant, the policy number and policy documents could not issued in favour of the complainant.  Further it is contended that though the complainant deposited the premiums but did not inform them regarding non issuance of policy documents in her favour and due to non receipt of the claim application with documentary evidence, they could not refunded the amount and with other contentions, showing their no liability, they prayed to dismiss the case.
  1. From the case records and the submissions of parties, it is ascertained that till February, 2016, complainant has deposited an amount of Rs. 22,234/- with monthly premium of Rs. 845/- against the alleged PLI / RPLI.  It is also an admitted fact that though the complainant has deposited such amount, but has not been issued with any insurance policy documents by the O.Ps.  The allegations of complainant is that while on March, 2016, she deposited the insurance premium, the O.P. No. 1 denied to accept with a plea that the Department has already seized the alleged insurance policy and also denied to accept the future premiums, whereas the O.Ps have contended that the due to non receipt of documents, they could not issue the insurance policy documents in favour of the complainant. 
     
  2. From the above points, it is clearly evident that Since 28.12.2013, complainant has deposited an amount of Rs. 22,234/- till February, 2016 but has not been issued with any insurance policy documents, for which definitely she must have sustained mental agony so also physical harassment.  Further, it is first and foremost duty of the O.Ps to maintain each and every record of their valuable customer, but in the instant case, the O.Ps have miserably failed to maintain the documents submitted by the complainant against the alleged insurance policy.  It is also matter of surprise that while the policy number and documents have not been issued in favour of the complainant, how the O.P. No. 1 has received the insurance premium amount from the complainant against which account and has issued the premium receipts ? Also the O.Ps have silent over the same but in other way have utilized the deposited premium amounts of complainant till February, 2016, which is clear deficiency in service on their part.

 

  1. Further, if the contentions of O.Ps is considered to the effect that the complainant was allowed to deposited the premium amounts till February, 2016 prior to core banking rollout of RPLI to Mc Camish Platform and on roll out of Mc Camish platform for the operation of insurance, the further deposit of policy without policy bond could not be processed, in that case also the O.Ps should have intimated the complainant regarding that or else they would have refunded the deposited premiums to the complainant with immediate effect with due interest as per their rules. But in the instant case, the O.Ps neither have intimated the complainant regarding non acceptance of premiums nor have refunded the deposited premiums till date, which is also deficiency in service on their part.  For which, the complainant must have suffered mental agony and physical harassment and also sustained financial loss, which compelled her to seek redress before the Forum by incurring some expenses for which she deserves to be compensated.  Hence this order.

                                                                                       ORDER

 

        The complaint petition is allowed in part.  The O.Ps are herewith directed to refund the deposited amount of Rs. 22,234/- with interest 12% p.a. from March, 2016 till 27.08.2019, the day on which the complaint petition is filed.  Further, the O.Ps are directed to pay an amount of Rs. 10000/- towards compensation for causing mental agony and physical harassment and also to pay Rs. 2,000/- towards costs of litigation to the complainant and all the directions should be complied within 30 days from the date of receipt of this order, failing which, the deposited amount of Rs. 22,234/- shall carry interest @ 12% p.a. from March, 2016 to till payment.

        Pronounced the order on this the 13th day of August, 2020 in the open Forum.

        Issue free copy to the parties concerned.

 
 
[HON'BLE MRS. Sabita Samantray]
PRESIDING MEMBER
 
 
[HON'BLE MR. Rajesh Chodhuri]
MEMBER
 

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