J U D G E M E N T.
Fact of the case as follows:- The case of the complainant is that, the husband of the complainant was being a policy Holder of Rural Postal Life Insurance vide Policy No-R-DR-EA-189598 dated 31.03.2010. The Sum assured of the Policy was Rs. 25,000 (Rupees Twenty Five Thousand ) only and the monthly premium is Rs.145/-( Rupees One hundred forty five)only, the Policy in force upto 31.03.2024. Within that period the policy holder Dolamani Majhi was expired on 11.08.2013.
The complainant wife of deceased Dolamani Majhi is entitle for the Insurance benefit of the Insurance Policy. The complainant herself personally met the OP No.1, Branch Post Master, Jhagrahi and submitted all required document to him and he sent to the higher authority for release of Insurance benefit amount but till today the Insurance benefit has not been released for which the complainant has suffered financially and mentally.
Even the opposite parties have never issued the Policy Bond Paper to the husband of the complainant till the date of death of the Policy holder which caused mental agony and harassment to the present complainant (wife of the Policy Holder Dolamani Majhi). For the Policy Bond Paper non supply by the Ops she may loose the Insurance benefit after the death of her husband.
The Complainant has relied on the following documents:
- Pass book vide Policy No. R-OR-EA-18959 dated 31.03.2010.
- Death Certificate of the Dolamani Majhi the Policy holder.
- Vote ID Card of the Complainant.
- Declaration of Tarabati Majhi(the complainant)
- Two letter to villagers
- Claim form (duly filed of) for release of Insurance Benefit.
The Complainant claimed in the petition before the Forum as :
For release of sum assured Rs.25,000 (Rupees Twenty Five Thousand ) only
- For release of Interest 12% per annum for 11.08.2013 till its realization and other Insurance benefit.
- Rs.10,000 for mental agony due to deficiency in service on the part of Ops
- Cost of Litigation Rs.5000
Total Rs.40,000 and other Insurance benefit. The Ops filed their version on dated on 17.01.2017.
The OP No.3 has sent a letter on dated 30.09.2016 to the complainant for submission of relevant document which are necessary for the settlement of the claims of the complainant in the said Policy.
The OP has admitted that the PLI Policy in force and which is on record but the Ops are not aware of the date and cause of death of the Insurance policy holder. The document can be verified on receipt of claims paper along with other relevant documents in the appropriate authority for the settlement of the claims of the complainant.
The allegation made by the present complainant that she has been approaching personally and In writing to the Branch Post Master Jhagrahi is devoid of merit as she has not submitted any evidence to proof the matter to stand this case. The Branch Post Master is not the complainant authority to process and release Insurance claims. The Post Master-cum-Manager PLI Central Processing Centre, Bhawanipatna Head Post Office is the designated authority to sanction the claims. The Petitioner/Complainant preferred her claim addressing to the Superintendent of Post Offices, Kalahandi Division, Bhawanaipatna. On dated 18.12.2015 the OP No.3 has received the Claims application at that period the Postal Department related work are to be discharged at newly formed Central Processing Centre is Functioning at S.P.Office, Kalahandi . Accordingly the OP No.4 has informed through his letter vide No. RPLI/03.04.2011 on dated 21.012.2015, for that the OP cannot be responsible for the financial suffering and hardship alleged by the complainant in this case. Prior to filing this case it is humbly submitted that in case of non-receipt of policy Bond by an Insurant, There is provision for issue of duplicate policy Bond on receipt of the application from the Insurant after following due procedure. After filling of this case on receipt of the notice, the Complainant has been requested by the Superintendent of Post Offices Kalahandi Division by sending several letter of correspondence on dated 21.12.2015, 30.09.2016, 27.10.16, 08.11.2016, 22.11.2016 & 31.11.2016 to submit the claim application along with relevant documents. All copy of the letter annexed In this W.S vide Annexure 2 to 6.
The Department of Post is transparent to issue a duplicate Bond In case of necessity.
The Opposite Parties till now has not settled the death claims of the Postal Life Insurance of the complainant even not filed any document for its settlement at the time of hearing even the petitioner has also not agree to get any compensation during. The pending of the case and about the Policy Bond of PLI in question in this case.
The District Consumer Forum, Nuapada has came to the conclusion that on consideration of the pleading and documents shown before the Forum by both the parties we observe the complainant has never approach the Ops for the claims and the Policy Bond Paper of approached in the Branch Post Office which is not the proper office of the OP to consider the Insurance claims then and there after filing of this case the OP No.4 has send a letter for settlement of claims along with the relevant document required by the OP for settlement on dated 30.9.2016 and different dated the OP has sent to letter to the petitioner but the petitioner has not at all responded the corresponding letter of the OP for the Insurance claims settlement by the OP.
The OP has also not settled the Insurance claims of the Complainant (wife of deceased Insurant Dolamani Majhi ) after filing this case and got notice from the Forum. It such claim was settled, not informed the Forum during the pendency of this case for proper adjudication of this case. Neither the petitioner nor the OP has informed or filed any document relating for the matter in question about payment of insured sum assured amount of the policy which has been in force at the time of death of the insurant.
O R D E R
Hence the Hon’ble Forum has directed the OPs to settle the claims by collecting relevant documents from the petitioner within three (3)months from the date of order and pay Rs.2,000/-( Rupees Two Thousand )only towards cost of litigation to the petitioner within 3 months. The OP has to comply with the order and inform to the Forum about the settlement of claim for payment of sum assured Insurance amount, failing which the OPs liable pay interest 9 % sum assured amount from the date of the order.
Order pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 18th day of August 2017.
