Dt. of filing- 16/05/2018
Dt. of Judgement- 17/09/2019
Mrs. Sashi Kala Basu, Hon’ble President.
This consumer complaint is filed by the complainant namely Nibedita Roy under Section 12 of the Consumer Protection Act, 1986 against the Opposite Parties namely (1) The Chief Post Master General (2) Superintendent of Post Office (3) The Post Master, Behala Post Office and (4) Post Master, Alipore Post Office, alleging deficiency in service on their part.
Case of the complainant in short is that on 29.03.2003 complainant made an application for a Postal Life Insurance Policy which was accepted by the OP No.1 on 08.04.2003 and Postal Life Insurance Policy Certificate was issued on 17.04.2003 being Policy Certificate No.WB99036-CS. The sum assured was Rs. 1,00,000/- only and risk covered for 15 years i.e. from 31.03.2003 to 31.03.2018 and its yearly premium was Rs. 6762/-. As per the terms of policy, complainant regularly paid yearly premium of Rs. 6762/- to the OP No.3 till the year 2015. In the month of March, 2016 when the complainant went to the office of the OP No.3 to make payment of yearly premium for the year 2016, OP No.3 asked the complainant to deposit the same with the OP No.4 due to some computerisation works therein. But OP No.4 also refused to accept the premium and asked her to handover the premium receipt book to keep the same with the OP No.4 for necessary up-gradation. In the month of November, 2016 complainant again went to the office of the OP No.4 but they asked her to go to Behala Post Office i.e. OP No.3 herein. But again OP No.3 refused to accept the said premium for the year 2016 for the reason best known to it. So, she sent a letter through her Ld. Advocate on 23.12.2016 consequent to which OP No.3 agreed to accept the said yearly premium for the year 2016 and asked the complainant to deposit an amount of Rs. 7288/-. The complainant, however, deposited the same without any fault on her part. In the month of January, 2017 she paid the yearly premium of Rs. 6762/- to the OP No.3 for the year 2017. But when she went to deposit the last premium in the month of February 2018 OP No.3 again refused to accept it and so notice was also sent by the complainant through her Ld. Advocate dated 10.04.2018. Complainant is entitled to matured amount of Rs. 1,00,000/- . Said insured sum was matured in the month of March, 2018. So, the present complaint has been filed by the complainant praying for directing OPs to make the payment of matured value of the sum assured of Rs.1,00,000/- along with interest, in favour of the complainant, to pay compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/-.
Complainant has annexed with the complaint petition, copy of the insurance policy, copy of the premium acknowledgement /receipt book, postal receipts, copy of the notice dated 23.12.2016 & 10.04.2018 sent by the complainant through her Ld. Advocate.
Opposite Parties have contested the case by filing written version denying and disputing the allegations contending inter alia that the complainant did not turn up to claim the maturity amount till May, 2018. OPs requested the complainant on 09.06. 2018 to submit the original policy , Aadhar card, Pan card and premium receipt, etc. As the complainant had already deposited the premium from March, 2017 to February, 2018 on 24.01.2018 and the policy matured on March, 2018, no further payment of premium was required. The maturity of the policy was intimated to the complainant but she did not submit the documents and so as there is no fault on the part of the OPs, OPs have prayed for dismissal of the complaint.
During the course of the evidence, both the parties have filed their respective evidence followed by filing of the questionnaire and reply thereto. Ultimately, the argument has been advanced by both the parties. Written notes of argument has also been filed by both the parties.
So, the following points require determination –
- Whether there has been any deficiency in service on the part of the OPs ?
- Whether the complainant is entitled to relief as prayed for ?
Decision with reasons
Both the points are taken up together for a comprehensive discussion. Complainant has claimed that she had purchased Postal Life Insurance Policy being No. WB99036 – CS covering 15 years commencing from 31.03.2003 to 31.03.2018. Assured sum was Rs.1,00,000/- and complainant paid yearly premium of Rs. 6762/- regularly till 2015 to OP No.3 but for 2016 without any fault on her part, she had paid an amount of Rs. 7288/- towards premium. So far as, issuance of the policy and the payment of the premium as claimed by the complainant, has not been disputed and denied by the OPs. It is the specific contention of the OPs that for the year 2018 premium was not required to be paid by the complainant, as she had already paid the last premium for 2017-2018. But it is the claim of the complainant that she was not intimated about the maturity of the policy whereas according to OPs they sent a letter to the complainant on 09.06.2018 but no such document has been filed by the OPs showing that they had intimated to the complainant that no more premium was required as the policy was already matured. On the contrary, documents filed by the complainant reveals that for payment of premium for the year 2016, she had to send a notice through her Ld. Advocate directing the OPs to accept the premium for the year, 2016 which supports her claim that when she went to deposit the premium for the year 2016 before OP No.3 she was directed to pay the same to OP no.4 but OP No.4 also did not accept the premium. It is only after the notice was sent, premium was accepted for the year 2016. Apart from this, record reveals that complaint was filed by the complainant before this Forum on 16.05.2018. OPs have alleged they wrote to the complainant. On 09.06.2018 intimating the maturity of the policy which clearly suggests that such intimation was sent only after knowing the fact of complainant approaching this Forum for redressal of her grievance. So the said letter dated 09.06.2018 is nothing but was afterthought. So, as apparently the complainant has paid the entire premium , but she has not been paid the assured amount of Rs. 1,00,000/- covered by the policy, she is entitled to the same along with the interest on the said sum from the date of its maturity. Since the interest has been allowed. We find no justification to allow the compensation as prayed. However, she is entitled to the litigation cost as she has been compelled to file the complaint.
Hence,
Ordered
CC/292/2018 is allowed on contest. Opposite Parties are directed to pay assured sum of Rs.1,00,000/- to the complainant along with interest on the said sum @ 12% from the date of its maturity to till this date, within two months from the date of this order. They are further directed to pay the litigation cost of Rs. 12,000/- within the aforesaid period of two months. In default of payment, the entire sum shall carry interest @ 12% p.a. till its realisation.
