DATE OF DISPOSAL: 24.07.2024
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Commission.
2. Being influenced by the policy made available by the Opposite Parties, the complainant entered with a contract for postal Endowment Assurance on deposit of monthly premium of Rs.177.00 and accordingly it was issued with the policy No. OR/66013-CS dated 22.09.1999 which was received by the complainant. The O.P.No.3 issued the deposit pass book in respect of aforesaid policy. Basing on the pass book, the complainant went on depositing the monthly premium of Rs.177/- from Feb, 1999 to April 2002 i.e. total of 32 months with a total deposit of Rs.6903/-. Due to unavoidable circumstances the complainant could not deposit the monthly premiums from April 2002 to August 2003 and submitted an application for revival of the policy in question to the O.P.No.3 through the O.P.No.1. The complainant submitted a petition the claim form for survival benefit due on anticipated endowment policy of O.P.No.1 on 21.10.2009. The O.P.No.3 sanctioned Rs.3578/- in favour of the complainant addressing to O.P.N o.2 on 18.11.2009 though the complainant never received such amount. The complainant again submitted representation on dated 24.11.2010 to O.P.No.3 through O.P.No.1 for revival of the policy and allows depositing the monthly premiums. The complainant personally approached many times and O.P.No.1 received all the original documents including the relevant pass book on 13.07.2017. In the meantime the O.P.No.3 received the application for revival on 24.11.2010. The complainant submitted petition before the O.P.No.3 through the O.P.No.2 for payment of surrender value of policy No. OR-66013-CS on 02.03.2017. The O.P.No.3 endorsed a letter dated 06.03.2017 to the O.P.No.2 for necessary verification. The O.P.No.2 endorsed its letter on dated 15.03.2019 to the O.P.No.3 stating that the surrender value has not been paid to the complainant which is pending for revalidation at central office, Bhubaneswar. The cause of action raised on 15.03.2019 within the territorial jurisdiction of this Hon’ble Forum. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps for payment of Rs.60,000/- towards assured amount against Policy No. OR-66013-CS dated 22.02.1999, compensation of Rs.30,000/- and litigation cost of Rs.7500/- in the bests interest of justice.
3. The Commission admitted the case and issued notice to the Opposite Parties.
4. The O.P.No.1 to 3 filed written version through their advocate. It is stated that the averments made in the complaint petition are true and correct and the complainant is put to strict proof of the same which are not specifically admitted herein. The complainant Shri Abhimanyu Sahu has been issued a Postal Life Insurance (Endowment Assurance Policy) bearing No. OR-66013-CS issued on 22.02.1999 with monthly premium of Rs.177/- for sum assured of an amount of Rs.60,000/-. The complainant paid premium for 39 monthly only towards the said policy up to the month of April 2002. The complainant has submitted an application to the Dy. Divisional Manager (PLI) Circle Office, Bhubaneswar on 05.08.2003 for revival of the said policy as the policy was lapsed due to non-payment of the monthly premium. It is an admitted fact that the complainant has not paid the monthly premium from April 2002 to August 2003 i.e. for more than one year. As per terms and conditions, the premium holder shall pay the premium in advance on the first day of each month. However grace period is allowed up to the last working day of the month. The policy shall be treated as lapsed in the case the policy holder fails to pay the premium that has become due against his policy within the period of grace as per Rule 56(1) of POLI Rules, 2011. As such the policy of the complainant has been lapsed since May 2002. The complainant has not applied for revival of the policy as per POLI Rules 2011 and as per terms and conditions embodied in the policy. After six years of the letter dated 05.08.2003, the complainant had submitted an application on 21.10.2009 to O.P.No.1. The SPM, Medical College SO for survival benefit on Endowment Assurance Policy No. OR-66013-CS on 21.10.2009 in a survival application form along with the policy and premium receipt book but the policy held by the complainant is not eligible for survival benefit payment. Thereafter the policy was sanctioned on surrender for Rs.3578/- vide sanction order No.1983/OR-66013-CS (Key id 113518) dated 18.11.2009 issued by the O.P.No.3 which was valid for one year. The surrender value includes the bonus as per postal rule. The complainants did not receive the sanctioned amount within the stipulated period of one year although he had received a copy of the sanctioned order. The complainant remained silent for eight year and then submitted an application dated 02.03.2017 to the O.P.No.3 regarding non-receipt of surrender value and requested for payment of the surrender value. In this regard the O.P.No.3 had requested to the undersigned vide letter No. LI/Claim/Death/Misc.corr/2013 dated 06.03.2017 to verify whether the surrender value of Rs.3578/- has been paid to the complainant or not. As per the order of the O.P.No.3 the Sr. Postmaster, Berhampur HO was requested to submit the detailed report in this regard by the O.P.No.2 as per office letter No. Death claim/correspondence/Post Migration dated 20.03.2017 to which the Senior Postmaster, Berhampur HO intimated to this office vide letter No. AC/PLI/2017-18 dated 04.05.2017 that the surrender amount has not been paid to the complainant. Accordingly it was intimated to the O.P.No.3 by the O.P.No.2 as per letter No. PLI/RPLI/Mc Camish/2016-17 dated 22.05.2017. Thereafter, the surrender value sanction order copy was sent to the O.P.No.3 for revalidation by the O.P.No.2 as per office letter No.PLI/RPLI/Mc Camish/2016-17 dated 25.08.2017 followed by reminders on dated 25.04.2018, 09.08.2018, 07.12.2018, 15.03.2019 and 08.06.2020. The O.P.No.3 directed the Sr. Postmaster, Berhampur HO vide letter No. LI/Surrender-Misc/2018 dated 17.06.2020 to revalidate the same at Berhampur PLI CPC level as per new procedures and make payment to the complainant. In this regard the Senior Postmaster, Berhampur HO has been directed by O.P.No.2 as per office letter No. PLI/RPLI/ Abhimanyu Sahu/2016-17(Ch.I) dated 25.06.2020 to make payment to the complainant at the earliest. The complainant did not receive the surrender value amount which was sanctioned by the O.P.No.3 on 18.11.2009. The policy could not be revived as it was closed as the complainant has surrendered the policy and the surrender amount was also sanctioned for Rs.3578/- on 18.11.2009 which was valid for one year. The complainant did not receive the sanctioned amount at that time for the reasons bests known to the complainant. The complainant again requested for payment of the surrender value as per the application dated 02.03.2017. After due process the same has been revalidated and was communicated to the complainant as per letter No. OR-66013-CS dated 02.07.2020 of the Senior Postmaster, Berhampur Head Post Office, Berhampur. The complainant is not entitled for the assured policy amount of Rs.60,000/- as claimed in the complaint petition as the complainant has surrendered the policy, the complainant can not claim for revival of the policy. Similarly the complainant is not entitled for any compensation and cost as claimed in the complaint petition. Hence the O.Ps prayed to dismiss the case in the interests of justice.
5. On the date of hearing the Commission heard from the parties. The Commission perused the complaint petition, written version, evidence on affidavit, written argument and documents available in the case record. It is an admitted fact that the complainant has deposited first three years completely as per the terms and conditions of the policy. For some obvious reasons, the complainant has filed claim form for survival benefit on 21.10.2009. The O.P.No.3 cancelling the said claim approved the amount of Rs.3578/- being the surrender value including bonus of the policy No. OR-66013-CS dated 22 February 1999 intimated to O.P. 1 & 2 CPM/Senior PM/P.M. Berhampur HO vide letter No. surrender/1983 OR-66013-CS/Key-ID: 113518 dated 18.11.2009. The O.P.No.3 also instructed to O.P.No.1 & 2 to pay it through Berhampur (Gm) HO whereas this sanction remain valid up to 17 November 2010. Thereby, the complainant filed an application dated 24.11.2010 to DDM (PLI) C/O Chief Post Master General of O.P.No.3 for revival. Policy may be reinstated/ revival any number of times during the entire term of the policy. In the case policy has lapsed or become void and is time barred for automatic reinstatement, the main policyholder may apply for revival of his policy to the Postmaster General/Head of Division/Postmaster of the nearest Central Processing Centre (GPO/Head Post Office) before the policy has matured. Such revival will be subject to payment, within a date to be specified by the Postmaster General/Head of Division/Postmaster of the nearest Central Processing Centre (GPO/Head Post Office) of all the arrears of premia with interest thereon at the rates prescribed by the Director General of Posts and further subject to production of certificate from an Authorised Medical Examiner in the prescribed proforma certifying that the life assured is insurable having regard to the insurants health and habits and of evidence to show that there has been no adverse change in his/her personal or family history or his/her occupation and also a certificate from his/her employer, if employed, certifying that the policy holder had not taken any leave on medical grounds during the last one year, or during the period from the date the first unpaid premium had become due in respect of such policy, whichever is least. The policy shall not be treated as revived unless the Postmaster General/Head of Division/Postmaster of the nearest Central Processing Centre (GPO/Head Post Office) is satisfied and has permitted such revival in writing. In accordance to Reg. 58(1) of POLI Rules, 2011 the present O.Ps can revive the policy of the complainant. In the instant case, the O.Ps did not take any interest to revive the policy on the application of the complainant since 24.11.2010. None action upon application dated 24.11.2010 by the O.P.No.3 is tantamount to deficiency in services.
In view of the above statutory provision of Rule, 2011 the Commission allowed the complaint against all the Opposite Parties. The Opposite Parties are directed to revive the PEA policy No. OR-66103-CS in accordance to the POLI Rules 2011 and directed to O.Ps who are jointly and severally liable to pay compensation of Rs.7000/- for delay in consideration of application dated 24.11.2010 and also the O.Ps have bound the complainant to file the present complaint for which the O.Ps are liable to pay litigation cost of Rs.5000/- to the complainant within 45 days from the date of receipt of the order.
The case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 24.07.2024.
