Date of filing:24.4.2014.
Date of disposal:9.12.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
TUESDAY, THE 9th DAY OF DECEMBER, 2014.
C.C.No.104 of 2014
Between:
Koppolu Manoja, W/o Rama Rao, Hindu, 32 years, House wife, Residing in D.No.75-10-8, Bhavanipuram, Vijayawada – 12, Krishna District.
.… Complainant.
AND
The Senior Superintendent of Post Offices, Vijayawada Division, Vijayawada – 1, Krishna District.
.… Opposite Party.
This complaint coming on before the Forum for final hearing on 24.11.2014, in the presence of Sri K.Rama Rao, Advocate for complainant and Sri L.L.Narasimham, Advocate for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant obtained Rural Postal Life Insurance Policy from the opposite party vide Policy No.RAPVJEA 99834 on 28.11.2003. The said policy is to be matured on 21.10.2017. The complainant paid the premiums at the rate of Rs.580/- per month from 28.11.2003 to 26.2.2011 regularly under valid receipts. From the month of March, 2011 onwards the complainant failed to pay the premiums and as such the opposite party closed the policy on 28.12.2011. The complainant made an application to the opposite party for renewal of the policy and as per the directions of the opposite party the complainant also submitted her original premium pass book. The complainant approached the opposite party several times and requested to renewal the policy. But the opposite party neither received the arrears of premium nor returns the original pass book and dragon the same. At last the opposite party informed the complainant that her pass book was sent to RPLI Ongole on 29.2.2012 and after receipt of the pass book from Ongole they will return the same and also receive the premiums. Subsequently the complainant made several representations to the opposite party requesting them to accept the premiums or return the pass book and also made an application under RTI Act seeking the information about her policy. For which also the opposite party did not furnish any information. Therefore the opposite party committed deficiency in service in not renewing the policy or in returning the original premium pass book. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to return the original premium pass book to the complainant and to receive the arrears of premiums from the complainant or to repay the premium amounts paid by the complainant along with interest at 24% per annum to pay Rs.2,00,000/- towards compensation for mental agony and to pay costs.
2. The version of the opposite party is in brief:
The opposite party denied all the allegations of the complaint and submitted that the complainant took RPLI policy on 22.10.2003 at Chinna Pavani Branch Office a/w Pedda Pavani SO of Prakasam Division Ongole. She applied for surrender value to Post Master General Regional Office Krishnalanka Vijayawada (who is only the competent authority) on 8.5.2010 stating that she is unable to continue the policy due to financial crisis and lost her Original RPLI policy bond. RPLI Section, O/o Post Master General Vijayawada replied to the complainant that RPLI policy bond is essential for settlement of surrender value and procedure for obtaining duplicate RPLI policy bond on 26.7.2010. Afterwards she has not submitted any documents for issue of duplicate RPLI policy bond to Post Master General, Vijayawada. The complainant paid premium only for the month of February, 2011 at Gandhinagar SO Vijayawada which is under jurisdiction of Senior Superintendent of Post Offices Vijayawada Division. The permission to pay the premium at Gandhinagar Vijayawada to the complainant was given by the Post Master General, Regional Office, Vijayawada on 2.2.2012. Previously she paid all the premiums from 22.10.2003 onwards at Chinna Pavani branch office a/w Pedda Pavani SO under jurisdiction of Senior Superintendent of Post Offices Prakasam Division. RPLI policy was lapsed and the complainant has applied for permission to pay premium arrears and interest along with RPLI pass book to Senior Superintendent of Post Offices Vijayawada Division on 28.12.2011. As the policy was related to Prakasam Division and original RPLI file is available at Prakasam Division Ongole Senior Superintendent of Post Offices, but Vijayawada Division forwarded the representation from the complainant along with RPLI pass book to Senior Superintendent of Post Offices Prakasam Division to give permission to pay premium arrears and interest on 29.2.2012. The Senior Superintendent of Post Offices, Prakasam Division Ongole issued sanction memo to pay premium arrears and interest on 6.3.2012 and sent the same along with RPLI pass book to Chinna Pavani Branch a/w Pedda Pavani SO through registered letter on 7.3.2012. RPLI pass book of the complainant along with sanction memo to pay premium arrears and interest which was sent through registered letter was delivered to Sri Gurram Mala Kondaiah father of the complainant on 8.3.2012 as the complainant was not present at home at that time. Therefore there is no deficiency in service on the part of the opposite party and prayed to dismiss the complaint with costs.
3. On behalf of the complainant she gave her affidavit and got marked Ex.A.1 to Ex.A.13 and on behalf of the opposite party Sri S.V.Siva Prasad, Senior Superintendent of Post Offices, Vijayawada filed his affidavit and got marked Ex.B.1 to Ex.B.9.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite party towards the complainant in not returning the original policy premium pass book and repay the premium amounts to the complainant?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the documents on hand it is an admitted fact that the complainant obtained Rural Postal Life Insurance Policy from the opposite party on 28.11.2003 and the complainant paid the premiums at Rs.580/- per month from 28.11.2003 to 26.2.2011 regularly. According to the complainant from the month of March 2011 onwards the complainant failed to pay the premiums and as such the opposite party closed the policy on 28.12.2011. On several requests of the complainant the opposite party informed the complainant that her pass book was sent to RPLI Ongole on 29.2.2012 and after receipt of the pass book from Ongole they would return the same and receive the premiums. The opposite party sent a letter Ex.A.3 dated 18.1.2011 stating that the arrears of premium in respect of missing credits from June, 2008 to June, 2011 may be cleared if paid in one instalment on or before 31.12.2011 for an amount of Rs.21,622/- and advised the complainant to obtain a good health certificate in the enclosed proforma issued by the Civil Surgeon of Government Hospital and forwarded the same to their office along with good health declaration under receipts through the Post Master. Premium Rs.18,560/- penalty Rs.3,062/- total Rs.21,622/-, enclosures pass book, GHC, GHD. The complainant submitted good health certificate under Ex.A.5. The complainant made an application to the opposite party for renewal of the policy under Ex.A.7 = Ex.B.7 dated 28.12.2011 and as per the directions of the opposite party the complainant submitted her original premium pass book. Again she wrote a reminder Ex.A.9 dated 9.4.2012 letter to opposite party stating that she made an application Ex.A.7 to pay arrears of the premiums to the opposite party but there is no response from the opposite party and requested to give the permission to pay the arrears of the premium. The opposite party received the same under Ex.A.10. Again the complainant made an application under Ex.A.11 dated 25.4.2013 to the opposite party under RTI Act to give the information about the present stage of her policy. Ex.A.2 is receipt dated 12.4.2007 issued by Indian Postal Department for an amount of Rs.6,776/-. Ex.A.12 is the third party affidavit i.e., the father of the complainant that his daughter submitted letter to the opposite party along with original RPLI policy premium pass book for renewal of the said policy on 28.12.2011 at Vijayawada. She never applied for surrender value and not signed before the postal authorities on application letter dated 8.5.2010. The opposite party never sent any letter or cover along with original policy premium pass book in the name of his daughter to his address and she never received the same on behalf of his daughter as alleged by the postal authorities. The signature of the complainant’s father on Ex.A.12 and Ex.B.2 is one and the same.
7. According to the opposite party the complainant applied for surrender value to the opposite party under Ex.B.1 dated 8.5.2010 stating that she is unable to continue the policy due to financial crisis and she lost her original RPLI policy bond. The opposite party replied under Ex.B.5 dated 26.7.2010 stating the complainant that the RPLI bond is essential for settlement of surrender value and procedure for obtaining duplicate RPLI policy. Ex.B.3 dated 8.3.2012 BO slip from Pedda Pavani to Chinna Pavani for an amount of Rs.4,877.75ps received from Gurram Malakondaiah the father of the complainant. Afterwards the complainant did not submit any document to the opposite party for issue of duplicate RPLI policy bond. The complainant paid premium only for the month of February, 2011 at Gandhinagar SO Vijayawada which is under the jurisdiction of the opposite party. The complainant had applied for permission to pay premium arrears under Ex.B.7 dated 28.12.2011. The permission to pay the premium at Gandhinagar, Vijayawada to the complainant was given by the opposite party on 2.2.2012. As the policy was related to Prakasam Division and original RPLI file is available at Prakasam Division, Ongole the opposite party forwarded the representation on 29.2.2012 under Ex.B.6 from the complainant to Prakasam Division to give permission to pay premium arrears and interest. The Senior Superintendent of Post Offices, Prakasam Division, Ongole issued sanctioned memo dated 6.3.2012 to pay premium arrears and interest and sent the same along with RPLI pass book to Chinna Pavani branch through registered letter under Ex.B.3 dated 8.3.2012. The RPLI pass book of the complainant along with sanctioned memo required to pay premium arrears and interest was sent by registered letter and it was delivered to Gurram Malakoindaiah father of the complainant as the complainant was not present at home at that time. Ex.B.2 statement of the father of the complainant dated 4.8.2014 discloses the same. Ex.B.8 affidavit given by S.Umamaheswari BPM of Chinna Pavani and Ex.B.9 affidavit of Y.Srinivasulu EDDA Postman of Chinna Pavani post office discloses that the registered letter was delivered to the father of the complainant and the father of the complainant received the RPLI pass book of the complainant along with sanction memo required to pay premium arrears and interest.
8. On perusing the above documents we came to opinion that Ex.B.1 application given by the complainant to the opposite party discloses that she paid Rs.31,700/- upto May,2008 and afterwards she paid on 7.3.2012 for an amount of Rs.4,877/- under Ex.B.3. The Ongole Division Superintendent gave permission to the opposite party to receive arrears and premium amounts from the complainant. The opposite party once on February, 2012 received the premium and afterwards the opposite party did not allow the complainant to pay the premium herein Vijayawada amounts to deficiency in service on the part of the opposite party and opposite party is liable to receive the arrears. Hence the opposite party is liable to issue duplicate premium policy pass book to the complainant and to receive the arrears of premiums from the complainant or to repay the premium amount paid by the complainant along with interest. The complainant is entitled either to pay the arrears or to get return premium amounts with interest paid by her. Accordingly these points are answered.
POINT No.3:-
9. In the result, the complaint is allowed in part and the opposite party is directed to issue duplicate policy premium pass book to the complainant and to receive the arrears of policy premiums or to repay the premium amounts which was paid by the complainant with interest at 9% per annum to the complainant and to pay compensation of Rs.2,000/- for causing delay from 2012 to till date and to pay costs of Rs.1,000/- to the complainant. Time for compliance one month. Rest of the claims of the complainant are dismissed.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 9th day of December, 2014.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite party:
P.W.1 Koppolu Manoja D.W.1 S.V.Siva Prasad
Complainant, Senior Superintendent
(by affidavit) of the Post Offices
Vijayawada Division
(by affidavit)
Documents marked
On behalf of the complainant:
Ex.A.1 . . Photocopy of Household card.
Ex.A.2 12.04.2007 Photocopy of Receipt issued by the opposite party for Rs.6,776/-.
Ex.A.3 18.01.2011 Photocopy of letter from the opposite party to the complainant.
Ex.A.4 02.02.2011 Photocopy of document showing the address of the complainant and opposite party.
Ex.A.5 16.02.2011 Photocopies of good health certificate (by doctor) and good health declaration (by insurant).
Ex.A.6 26.02.2011 Photocopy of postal receipt.
Ex.A.7 28.12.2011 Photocopy of letter from the complainant to the opposite party.
Ex.A.8 28.12.2011 Photocopy of letter from the complainant to the opposite party.
Ex.A.9 09.04.2012 Photocopy of letter from the complainant to the opposite party.
Ex.A.10 . . Photocopy of postal acknowledgement.
Ex.A.11 24.04.2013 Photocopy of letter from the complainant to the Public information Officer of the opposite party.
Ex.A.12 14.08.2014 Affidavit filed by the father of the complainant.
Ex.A.13 . . Photocopy of information about the policies.
On behalf of the opposite party:
Ex.B.1 08.05.2010 Attested copy of letter from the complainant to the Post Master General, RPLI, Vijayawada.
Ex.B.2 04.08.2014 Attested copy of statement of the father of the complainant given before Sri P.Raja Gopal, ASPOS,
Kandukuru Sub Division.
Ex.B.3 08.03.2012 Attested copy of B.O. Slip From Peddapavi to Chinnapavani.
Ex.B.4 08.05.2010 Attested copy of Surrender Value Declaration.
Ex.B.5 26.07.2010 Attested copy of Letter from the Postmaster General, Vijayawada Region, to the complainant.
Ex.B.6 29.02.2012 Attested copy of letter from Dy.Supdt., of Post Offices, Vijayawada Division, to the opposite party.
Ex.B.7 28.12.2011 Attested copy of letter from the complainant to the opposite party.
Ex.B.8 04.08.2014 Attested copy of Statement of Smt S.Umamaheswari BPM Chinnapavani.
Ex.B.9 04.08.2014 Attested copy of statement of Sri Y.Srinivasulu, GDSMD, Chinnapavani BO a/w Pedapavani so given before Sri
P.Raja Gopal, ASPOS, Kandukuru Sub Division.
PRESIDENT(FAC)
