Govt. of West Bengal
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 Siddhartha Ganguli - President-in-Charge
Miss. Swapna Saha - Member
Consumer Complaint No. 22/2016
Smt. Parul Roy
W/o Sri Ajay Roy
Vill. & PO: Jakhirpur
PS.: Kumarganj,
Dist. Dakshin Dinajpur - 733141 …………………Complainant(s)
V-E-R-S-U-S
1. The Post Master,
Jakhirpur Post Office,
PS: Kumarganj,
Dist.: Dakshin Dinajpur - 733141
2. The Superintendent of Post,
Dakshin Dinajpur Division, Balurghat
PO & PS: Balurghat,
Dist.: Dakshin Dinajpur - 733101 …………Opposite Parties
Ld. Advocate(s):
For complainant ……………… - Shri Santanu Dey
For OP Nos. 1 & 2 ……………… - Shri Achintya Kumar Das
Date of Filing : 07.09.2016
Date of Disposal : 30.01.2017
Contd…P/2
Judgment & Order dt. 30.01.2017
The brief fact of the case is that the complainant had purchased Postal Life Insurance under Department of Post from the office of the OP No.1 vide Policy No. RWBSGEA-2407061 date 20.01.2009 for a sum assured of Rs.20,000/- with a condition to pay monthly premium at the tune of Rs.199/- Per month and accordingly a passbook against the policy No.EA-2407061 has been issued in the name of the complainant by the OP No.2, in which the payment of monthly premium has been recorded properly. The OPs also issued premium receipts in favour of the complainant.
It is stated in the complaint petition that the complainant has paid monthly premium upto 21.12.2015 since 20.01.2009 without any discontinuation.
It is further stated in the complaint petition that the complainant time and again requested the OPs to give him the policy deed, but the OPs always tried to avoid the matter and failed to supply the policy deed to the complainant.
The complainant, therefore, felt herself insecure and thereafter decided to surrender the said policy and on 01.02.2016 she surrendered her policy to the OPs in order to get back the deposited amount and other benefits covered by the said policy. It is further stated that the OPs had taken the passbook from the complainant for the purpose of refund of deposited amount, but till date the OPs have not taken only steps to refund the deposited amount along with other benefits, therefore, caused deficiency in service towards the complainant.
The complainant served two legal notices to the OPs through her advocate but despite receiving the notice, the OPs did not bother to
Contd…P/3
take positive steps for refunding the amount and owing to that the complainant filed this case against the OPs for proper redress as prayed in the petition.
The complainant paid Rs.16,716/- as premium till 21.12.2015 against the said policy which she is seeking to get back along with interest claimed @14% p.a. since February, 2016 to till the date of realization, and compensation of Rs.1,00,000/- for deliberate negligence, harassment and refusal by the OPs along with others as stated in the complaint.
In support of her claim the complainant has submitted photocopy of passbook, some premium receipts, received copy of application for refund of premium and copy of Advocate’s letter etc.
The OPs filed written version on 06.12.2016 and contested the case. The OPs in his written version inter-alia stated that the complainant is entitled to get back the deposited amount and after receiving the application from the complainant they accorded the sanction on 22.08.2016 and dispatched on 08.09.2016 vide sanctioned Memo No. B/RPLI/REFUND/PART dated 08.09.2016, wherein a refund of RPLI premium was accorded in favour of the complainant for an amount of Rs16,517/- and in that regard one pay receipt in Form No.ACG/17 was prepared and sent to OP No.1 for effective payment.
It is further contended that the complainant refused to take payment as she has already lodged this case. The OPs stated that there was no negligence or deficiency in service on their part.
However, the OPs during hearing submitted that they are ready to refund the premium amount to the complainant.
Contd…P/4
The OPs filed some xerox documents such as application for refund of premium against not accepted RPLI Policy with credit certificate, forwarding letter, refusal letter of the complainant and others as per firisty.
On the basis of the complaint petition, written version of the OPs, documents annexed by the parties as well as submissions made by the parties during hearing of the case, the following points have been framed:-
- Whether the complainant is a consumer?
- Whether there is any negligence or deficiency in service on the part of the OPs?
- Whether the complainant is entitled to get any relief from this Forum?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
It is admitted position that the complainant is a consumer of the OPs the complainant purchased one RPLI policy as stated above and the OPs received the monthly premiums @ Rs.199/- per month.
It is also admitted position that the complainant purchased the RPLI policy from the office of the OP No. 1, as stated above, for a sum assured of Rs.20,000/- with the condition to pay monthly premium @ Rs.199/- per month and the complainant paid premiums up to 21.11.2015 since 20.1.2009 without any discontinuation.
It is the contention of the complainant that despite repeated request the complainant did not get the policy deed and owing to such she felt herself insure and decided to surrender the policy and accordingly she surrendered the policy on 01.02.2016 before OP No.1 to get back the deposited amount and thereafter time and again she
Contd…P/5
visited the office of the OP No.1 to receive the amount but the OP No. 1 did pay any heed to.
From the written version and hearing of the OPs it is seen that the OPs after receiving the application from the complainant accorded their sanction on 22.8.2016 and dispatched on 8.9.2016 wherein a refund of RPLI premium was accorded in favour of the complainant for an amount of Rs. 16,517/- and that in regard one pay receipt in proper format was prepared and sent to OP No. 1 for effective payment. It is also clear from the written version of the OPs that they are willing to pay the amount. The OPs contended that the complainant refused to take payment and as such they could not pay the refund amount. On the other hand, the complainant contended that as she has already filed the instant case and as such she did not take the payment from the OPs and expressed her willingness to receive the same after completion as well as after decision of the case. The OPs, though, expressed their willingness to refund the amount, but they elapsed more than 6 months to complete the procedure and thus the complainant filed this case. Here the OPs caused some delay and hence, we are of the opinion that there is deficiency in service on the part of the OPs. The complainant is, therefore, entitled to get back her deposited amount and compensation.
Accordingly, all the points have been decided in favour of the complainant.
Hence, it is
O R D E R E D
that the instant case is allowed in part.
The OPs are directed to refund of deposited amount of Rs. 16,716/- against the RPLI policy to the complainant within 45 days from the date of this order.
The OPs are further directed to pay interest as per the existing saving rate of interest over the total amount since the date of her application i.e. from 01.02.2016 till the date of payment.
Contd…P/6
The OPs are further directed to pay Rs.3,000/- as compensation & Rs.2,000/- as litigation cost to the complainant within the said period of 45 days, failing which the entire amount shall carry an interest @8% p.a. till realization, out of which the complainant shall deposit a sum of Rs. 500/- (Rupees Five hundred) only in the “ State Consumer Welfare Fund ” (A/c No. 0093000100310261) payable at P.N.B. Balurghat Branch, within 7 days from the date of payment.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
……………….…….
(S. Ganguli)
President-in-Charge
I concur,
…………..……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of despatch ……………………
- Date of despatch ……………………
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