This is a case U/S 12, of Consumer Protection Act, 1986 with the prayer for an award directing the O.P.s to pay the Insured amount Rs. 60,000/- with interest, Rs. 30,000/- and Rs. 10,000/- as litigation cost.
The complainant’s case in short is that the husband of the complainant had a rural postal life Insurance policy being No- WB-SG-EA-63662, issued on 29.04.2005 by the O.Ps. The husband of the complainant Anurodh Kumar Singha was deposited Insurance premium till 01.12.2011 against the Insurance Policy mentioned above. The Insured Anurodh Kumar Singha died on 15.12.2011. The sum assured of the policy was Rs. 60,000/-. After death of her husband the complainant as nominee of the Insurance policy mentioned above submitted claim before the O.Ps for claiming the assured amount of the said policy but the O.Ps had intimate the complainant by letter dated 30.04.13 that the Insurance policy become void since April, 2006 as premium was not paid in time. Finding no alternative the complainant was forced to come before this Forum.
The O.P. No- 2 contested the case by filing written version denying the contains of the complaint stating inter alia that the case is not maintainable, the Insurance policy was void, the claim of the complainant is not maintainable and the complaint will be dismissed with cost.
The O.P. No-1 did not contest the case by appearing on the date of hearing or by filing written version as such the case is heard ex- parte against O.P. No- 1.
DECISIONS WITH REASONS
The complainant to prove her case has submitted postal Life Insurance passbook, premium receipt, photo copy of death certificate of the Insured and photocopy of letter sent by the O.P. No- 2.
We carefully perused the contents of the complaint petition, documentary evidence on record, written version and considered the argument advanced by the parties.
On scrutiny of documents i.e. Insurance premium receipt and also the premium received passbook it appears that the postal Life Insurance policy mentioned above was issued on 29.04.2005 against premium paid of Rs. 2,469/- by the insured and the next premium was due on April, 2006 but the Insured deposited the premium on 04.12.2006 when the policy had already been lapsed/void and thereafter the Insured was also deposited premium till 01.12.2011 irregularly upon the void policy during his life time. The Insured never deposited the premium amount of the policy in question mentioned above within the statutory period as per terms and condition of the postal Life Insurance policy.
It reveals from the original Postal Life Insurance policy filed by the O.Ps. where terms and condition mentioned in the overleaf clearly mentioned the provisions of payment of premium, lapsing policy, revival of policy etc. in column Nos. 5 to 9 but the Insured did not avail the said provisions before or after depositing the Insurance premium to avoid laps of policy or void policy.
We find from the terms and conditions of postal Life Insurance policy there was ample opportunity to revive the laps policy or void policy by the Insured during his lifetime but due to carelessness of the Insured the nominee as well as legal heir of the deceased has deprived from payment of sum assured amount of the policy in question mentioned above which could help the widow nominee for the time being. However, from the documents which reveals that the insured Anurodh Kumar Singha was deposited the premium amount since April, 2005 to 01.12.2011 as per postal Life Insurance passbook and also mentioned in the premium receipt which total amount comes to Rs.17,327/- which was deposited by the Insured since deceased through the income of his hard labour. The O.Ps. should return back the deposited amount as per passbook to the nominee claimant when claim was submitted to them but the O.Ps. did not do so, it amounts to deficiency in service of the O.Ps.
In view of the discussions here in before we are of opinion that the complainant is entitled to get Rs 17,327/- as deposit amount, Rs. 5000/- as compensation for harassment and Rs. 1000/- as litigation cost.
Fees paid is correct.
Hence, it is
ORDERED,
that the complaint case being No. 77/2013 be and the same is allowed in part on contest against the O.P. No. 2 and ex parte against the rest without cost.
Accordingly the complainant to get an award directing the O.Ps. to pay sum of Rs. 17,327/- (Rupees Seventeen Thousand Three Hundred Twenty Seven) only as deposited amount, to pay Rs. 5000/- (Rupees Five Thousand) only as compensation for harassment and Rs. 1000/- (Rupees One Thousand) only as litigation cost to the complainant within one month from this day failing which total awarded amount of Rs. 23,327/- (Rupees Twenty Three Thousand Three Hundred Twenty Seven) only will carry interest @ 8% p.a. from the date of filing of the complaint petition till the date of realization and the complainant will be at liberty to place this award in execution against the O.Ps. as per law.
Copy of this order be supplied to each parties of this case, free of cost.
