District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 15/2014
Jagat Jyoti Mahato
S/o Sonaram Mahato
Vill. & PO: Chingishpur
P.S.: Balurghat,
Dist. Dakshin Dinajpur-733145 …………………Complainant(s)
V-E-R-S-U-S
1. The Post Master
Chingishpur B.O.
Vill.: Chingishpur
PS: Balurghat, Dist. Dakshin Dinajpur
2. Senior Superintendent / Superintendent of Posts
Dakshin Dinajpur, at Balurghat, PS: Balurghat
Dist. Dakshin Dinajpur
3. The Postmaster General
North Bengal & Sikim Zone
Siliguri, Darjeeling.
4. Dy. Divisional Manager (PLI),
O/o The Chief PMG, W.B. Circle.
Calcutta – 700 012 …………………Opposite Party / Parties
For complainant …………… - Shri Bidyut Kr. Roy, Ld. Adv. &
- Shri Avijit Roy, Ld. Adv
For OP Nos. 1, 2, 3 & 4 ………… - Shri Achintya Kumar Das, Ld. Adv.
Date of Filing : 23.05.2014
Date of Disposal : 13.08.2015
Contd…P/2
Judgment & Order dt. 13.08.2015
The case of the complainant is that the complainant is a cultivator by profession and he opened a Rural Postal Life Insurance Policy under the postal department. Before opening of the insurance policy the complainant submitted a proposal form which was accepted by the OP No.3 and the policy was issued being No. R-WB-SG-DNJ-EA-26176 dated 28.3.2007 in the name of the complainant and sum assured was Rs.20,000/- mentioning monthly rate of premium of Rs.108/-. The complainant deposited Rs.151/- as monthly premium and the OP No.1 issued a receipt to that effect.
The complainant deposited the monthly premium with proper valid receipt @ Rs.108/- up to 28.3.2011. Subsequently, the deed of RPLI policy was sent in favour of the complainant in the year 2011 after depositing the 43rd premium amount of Rs.108/- on 28.3.2011 having mentioned the policy No. R-WB-SG-EA-102853 and premium amount of Rs.151/-. Accordingly, the complainant deposited the next premium amount of Rs.151/- on 30.4.2011.
After receiving the policy deed the complainant got astonished and made representation to the Superintendent of Post OP No.2 for correction of policy number and to mention the actual premium by submitting the original policy deed and the premium receipt book and the Superintendent of Post recommended the matter to the Post Master General OP No.3 for rectification.
The complainant did not get the original deed and premium receipts book, as a result he could not deposit the policy premium amount for 30.4.2011. The complainant visited the office of OP No.1 on numerous occasions but he was not provided any assistance, for which the complainant had to file this case particularly when he was asked to deposit the installment amounting to Rs.6,782/- in total and also to regular premium amount @ Rs.151/-.
Contd…P/3
Since, the complainant faced financial loss as well as harassment as such the complainant filed this case praying for return of money and also for compensation.
OPs contested the case by filing written version whereby the OPs denied all the material allegations made by the complainant. It was specifically stated that the complainant opened a new RPLI policy at Chingishpur branch with postal department having sum assured of Rs.20,000/- for EA 35 years of monthly premium of Rs.151/-
After receiving the policy it was detected the class was inadvertently taken instead of EA 35. Accordingly, the monthly premium was calculated @ Rs.108/- initially the policy was accepted provisionally. Considering the class of EA 40 instead of EA 35, as such premium was calculated as Rs.108/- instead of Rs.151/-. After depositing the premium for the month of April, 2011 the complainant paid for rectification the rate of monthly premium and class of policy and the complainant was asked to deposit the monthly premium at Chingishpur post office in spite of his policy without premium receipt book but he did not take any step. Subsequently, the Assistant Director of CA & FBP, Dakshin Dinajpur verbally directed to settle the case amicably and the complainant agreed to continue this policy with premium @ Rs.151/- per month and his prayer was accepted by the department. Ultimately, whenever, the complainant did not take further step the OPs had no other alternative but to declare the policy was lapsed. In view of the facts and circumstances of the stated above the OPs prayed for dismissal of the instant case.
On the basis of the pleadings of the respective parties following points are to be decided:-
- Whether the complainant is policyholder?
- Whether he paid the premium amount as per policy deed?
Contd…P/4
- Whether the OPs committed any deficiency in rendering service assistance to the policyholder?
- Whether the complainant will be entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and to avoid repetition of the facts.
It is admitted fact that the complainant is policyholder opened a Rural Postal Life Insurance Policy and policy deed was issued by the OP No.1. It is also admitted fact that as per the terms of the said policy the complainant deposited amount of Rs.108/- as monthly premium, though, he initially paid Rs.151/- subsequently on being informed to the complainant by the OP No.1, the complainant started to deposit the amount @ Rs. 108/-.
From the materials on record it appears that the complainant paid the amount towards policy and whenever confusion arose whether the premium was Rs.151/- or Rs. 108/- per month on detection of wrong calculation made by the OPs, it was brought to the notice to the complainant by the OP No.1 and ultimately the complainant stopped payment and resulting in the said policy was lapsed.
It is also admitted fact that the complainant is eager to pay the policy premium towards the policy @ Rs.151/- but he expressed his inability to pay the arrear amount at a time. During the course of hearing of the case this Forum called for a report and the Superintendent of post Dinajpur Division, Balurghat submitted a report whereby it was stated that if the policy is to revive then the policyholder will have to pay Rs. 11,431/- though the interest cannot be waived but in view of such exceptional case the department can waive interest, if an order is passed by this Forum.
Contd…P/5
Ld. Counsel for the complainant submitted that the complainant cannot pay the said amount of Rs.11,431/- at a time and also prayed for easy installment.
Ld. Counsel for the OPs submitted that it is discretion upon this Forum to grant installment to the complainant, if this Forum deems fit and proper.
Considering the submission of respective parties and on perusal of the report submitted by the Superintendent of post Dinajpur Division, Balurghat along with enclosure sheets, it appears that in order to revive the said policy the complainant will have to pay Rs.11,431/- and it is also an admitted fact that the complainant is a farmer by profession and he is in strict sense a poor man and if he is asked to pay total sum of Rs.11,431/- in that evet he will face immense hardship.
Accordingly, for proper adjudication of the case we think that he should be given an opportunity to liquidate the total amount of Rs.11,431/- by paying 1,114/- each month for 9 consecutive months along with current policy premium amount of Rs.151/- per month till the period of the maturity of the policy. The 10th installment is to be paid along with balance amount of the outstanding dues i.e. Rs.11,431 – 10,026 = 1,405 + regular premium of Rs. 151/-
For clarification of the matter the complainant is directed to pay the amount in such manner.
“Rs.1,114 x 9 = 10,026/- + Rs. 151/- per month and the last payment towards outstanding dues will be Rs.1,405/- + Rs.151/- monthly installment”.
Since, both the parties have agreed to the said calculation. The case is disposed of accordingly.
Contd…P/6
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.15 of 2014 is allowed on contest without any cost.
The complainant is directed to pay Rs. 1,114/- per month for 9 (nine) months consecutively along with regular premium of Rs.151/- and the last installment towards outstanding dues amount is to be paid @ Rs. 1,405/- + policy premium amount of Rs.151/-.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(Sambhunath Chatterjee)
President
I concur,
……Sd/-..……
(S. Ganguli)
Member
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FREE COPY [Reg. 18(6)]
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