Sri S.K.Sahoo,President.
Sri Narhari Sahoo the complainant has filed the present complaint against the opp.parties U/s. 12 of C.P.Act,1986.
2. The case of the complainant is that he being a bonafide resident of Chainpal Colony had opened a rural postal life insurance policy with opp.party No.1 on 29.03.2008 . The sum assured was Rs.1,00,000.00 and the premium was Rs.1225.00 per month. The policy number was R-OR-EA-6601.It was to be matured in the month of February,2015. Annexure A is the photo copy of the said policy. The complainant started paying monthly premium to opp.party No.1 from march, 2008 to May, 2009 without any break . Although the complainant obtained the policy in the year, 2008 the opp.parties did not issue the policy bond till 18.01.2010. On 18.01.2010 the opp.party No.3 supplied the policy bond and premium receipt book for incorporation of premium payment details .Annexure- B is the photo copy of the premium receipt book. As the complainant received the premium receipt book from opp.party No.3 during the month of January, 2010 he requested the opp.party No.1 to entered the premium deposits particulars from March, 2008 to January, 2010 . The opp.party No.1 did not make the necessary entry for the aforesaid period but made necessary entries regarding payment from June, 2009 onwards. The complainant has paid all the premiums from the date of commencement of the policy till its maturity in the month of February, 2015. On 09.04.2015 the complainant submitted all the required documents including original policy bond and an application to opp.party No.3 for payment of the maturity value. All of a sudden the complainant received a letter dtd. 13.04.2015 from the opp.party No.3 that the complainant has not deposited the premium from April,2008 to May, 2009 and asked for submission of the premium paid receipts for the aforesaid period . Annexure-C is the photo copy of the said letter of opp.party No.3.On receipt of the said letter the complainant intimated to opp.party No.3 by letter dtd. 17.06.2015 that the receipts are not available with him. However, again on 01.07.2015 the opp.party No.3 issued a letter to opp.party No.1 & 2 regarding payment of premium from April,2008 to May, 2009 and also called for the record. Although the policy was matured in February,2015 there was no prior intimation to the complainant regarding payment of the maturity value. It is the duty of the insurer informed about the maturity value one month prior to such maturity .No action was taken for about fourteen months by the opp.parties for payment of the maturity value and on 02.06.2016 the opp.party No.2 has sanctioned a wrong maturity value of Rs.1,02,292.00 . Annexure-D is the photo copy of the said letter of opp.party No.2. The complainant has paid an amount of Rs.1,02,555.00 towards premium. The opp.party No.2 after lapse of fourteen months calculated the maturity value at Rs.1,02,292.00 (maturity value + bonus) which is wrong. The opp.party No.2 has cheated the complainant. On 28.06.2016 the complainant wrote a letter to opp.party No.1 to 5 for supply of calculation sheet of the settlement of the maturity value. Annexure- E is the photo copy of the said letter and Annexure- E1 is the photo copy of the postal receipt. The bonus for endowment programme of Rural Postal Insurance Scheme is Rs.55.00 for every Rs.1000.00 sum assured ,if the policy term exceeds ten years. The applicable bonus would be Rs.52.00 per Rs.1000.00 .If the policy term is less than ten years. The maturity amount should be settled within thirty days from the date of maturity . The opp.parties have caused delay more than fourteen months for payment of the matured amount under the policy by adopting unfair trade practice. They have also paid less maturity value. All the opp.parties are jointly and severally liable for the claim of the complainant.
3. Notice was issued to opp.party No.2 by this office who received in person. All other notices were issued to the opp.party No.1,3,4,5 & 6 through Regd. Post with A.D. The A.D of opp.party No.1 and 5 are available in the case record. The notices issued to opp.party No.3,4 & 6 neither returned nor A.D is backed .So it is presumed that notice has been duly served on those opp.parties in view of Section-27 of General Clauses Act. The opp.party No.3 filed his written statement on 01.10.2016 .
4. The case of the opp.party No.3 is that opp.party Nop.4 to 6 are his higher authority and opp.party No.1 & 2 are working under him , for which he is competent to file written statement on behalf of all. It is a fact that the complainant has obtained a Rural Postal Life Insurance bearing policy No. R-OR-EA- 6601 and the sum assured was Rs.1,00,000.00. The date of acceptance of the policy was 29.03.2008 and maturity was on 29.03.2015 .The complainant had applied for sanction of maturity value to SPOs Dhenkanal division on 09.04.2015 . On scrutiny of the premium receipt book it was found that the premium deposit particulars for the period April,2008 to May, 2009 are not mentioned in the premium book receipt. So the complainant was requested by letter dtd.13.05.2015 for submission of the information regarding the missing entry. The complainant in his reply submitted that he has lost the premium paid receipts and thereafter the office of the opp.party No.3 requested to Post Master, Angul H.O for verification of the deposit particulars. In reply to such letter the Post Master, Angul informed that there is no such information with him. In the mean while Angul head Office rolled out a new platform i.e Mc Camish Software on 16.11.2015 which is operated at head post office level. The maturity case of the complainant was sent Post Master,Angul H.O on 07.01.2016 for further processing at their end. The C.P.C,Angul H.O indexed the policy for maturity on 15.01.2016 after receipt of documents from SPOs ,Dhenkanal. As there was discrepancies in the premium receipt book the Postmaster ,Angul H.O has sought for instruction from opp.party No.3 on 19.02.2016 the maturity value was sanctioned by deducting the unpaid premium amount along with interest for the period April,2008 to May, 2009. The Postmaster, Angul H.O deducted an amount of Rs.32,708.00 towards unpaid premium and paid the sanctioned amount to the complainant, who received the same. The opp.party No.3 has prayed for dismissal of the complaint.
5. Perused the documents filed by the complainant and the complaint petition which has been supported with affidavit. It is clear from the materials on record that the complainant has obtained an insurance policy from the opp.parties on 29.03.2008 and paid monthly premium of Rs.1225.00 . It is also not disputed that the maturity value of the said policy was Rs.1,00,000.00 which is to be matured in the month of February, 2015. It is alleged by the opp.parties that the complainant has not paid the premium from the month of March, 2008 to January, 2010 . It is admitted that the complainant failed to supply the necessary documents to the opp.parties regarding payment of the premium for the aforesaid period. As the complainant has not paid the premium for the aforesaid period he is not entitled to get the aforesaid amount . From the written statement filed by the complainant it is that the complainant has received an amount of Rs.1,02,292.00 from the opp.parties towards the maturity value. The opp.parties have rightly deducted an amount of Rs.32,708.00 from the maturity value and paid the rest amount to the complainant. However on 09.09.2017 the complainant has received an amount of Rs.1,02,292.00 from the opp.parties in presence of the Learned Advocate engaged by him in this case. As the complainant has received the aforesaid amount without any objection it is admitted that he has accepted the amount towards full and final settlement of his claim. It is also clear from the materials on record that the complainant is entitled for the aforesaid amount after deducting the unpaid premiums. He is not entitled for anything more.
6. Hence order :-
: O R D E R :
The case be and the same is dismissed on contest against the opp.party No.3 and exparte against opp.party No.1,2,4,5 & 6.