The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Sub-Post Master, Sub-Post Office, Basta and O.P No.2 is the Deputy Divisional Manager (PLI), Office of the Chief Post Master General, Odisha Circle, Bhubaneswar.

                    2. The case of the Complainant in brief is that the Complainant being the nominee and legal heirs of Bijaylaxmi Ram, who had postal life insurance policies with the O.Ps. After death of his mother (Bijaylaxmi Ram) on 11.06.2009, the Complainant reported the same to the O.Ps and submitted claim application along with relevant papers to the O.Ps in due course requesting to release the claim amount at the earliest. But, on 26.07.2012, the O.Ps settled one claim against the policy No.OR-110873CC, but slept over the claim of policy No.OR-310069CC of Rs.3.00 lacs (Rupees Three lacs) only, which was accepted on dtd.22.10.2008. In spite of several requests and personal approach made by the Complainant, the O.Ps did not pay any heed to it, causing mental agony and financial sufferings. Such type of action taken by the O.Ps violating the principle of law, amounts to deficiency in service also. Cause of action to file this case arose on 26.07.2012. The Complainant has prayed for settlement of claim of policy No.OR-310069CC along with compensation for harassment and litigation cost.

                    3. Written version filed by the O.Ps through their Advocate, where it is submitted that Smt. Bijaylaxmi Ram, wife of Late Arjun Ram had procured a Postal Life Insurance policy for sum assured of Rs.3,00,000/- (Rupees Three lacs) only bearing policy No.OR-310069-CC on 22.10.2008. Shri Anushree Kumar Ram (the Complainant), son of late insurant was nominee of the above said policy. Late insurant had paid her first premium on 21.10.2008 for the month of October-2008, for which the proposal was accepted. Late insurant did not pay premium for the month of November-2008 and thereafter, from April-2009 to June-2009. The insurant expired on 11.06.2009 i.e. before completion of one year of acceptance of policy. The late insurant failed to deposit her premium for the months from April-2009 to June-2009. As per Rule-44 of POLI Rule-2011 “if the premium is to be paid in cash, the insured person must pay the premium at the Post Office selected by him/ her either on first day of the month, for which the premium is due or during the grace period which shall extended up to the last day of the calendar month”. In the instant case, the due date of payment of premium for the month of April-2009 was 01.04.2009 extended up to grace period 30.04.2009. As per Rule-44 of POLI Rule-2011, the policy shall become void and all claims to any benefit in virtue thereof shall cease and all money that have been paid in consequence thereof shall be forfeited. Further, as per Rule-56(2) (b)(ii) of POLI Rule-2011, there shall be allowed remission period of 30 days in addition to the grace period. That means, premium for the month of April-2009 had to be paid by 30.05.2009 to which late insurant did not act upon. Therefore, her PLI policy became void as per Rule-56 (1) of POLI Rule-2011. In a void policy, all claims to any benefit in virtue thereof shall be forfeited as per Rule-56 (2) of POLI Rule-2011. Accordingly, no claim settlement in favour of the Complainant-nominee of the policy is permissible. Therefore, the Complainant is not entitled to any relief as claimed in the complaint. Hence, the case is devoid of merit, therefore liable to be dismissed with cost.        

                     4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any deficiency of service on the part of the O.Ps ?

(iii) To what relief the Complainant is entitled for ?

                     5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainants that after death of the Policy holder i.e. his mother on 11.06.2009 when the Complainant being the nominee approached the O.Ps for settlement of claim, they slept over on the matter and did not pay any heed to it, which amounts to deficiency of service on the part of the O.Ps, for which the Complainants have filed this case praying for settlement of claim of policy No.OR-310069CC along with compensation for harassment and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that the Policy holder died on 11.06.2009, but she has not paid the premium for the month of November-2008 and from April-2009 to June-2009, for which the policy became void and she is not entitled to get benefit in the such void policy. In a void policy, all claims to any benefit in virtue thereof shall be forfeited as per Rule-56 (2) of POLI Rule-2011, for which the Complainant is not entitled to any relief as claimed in the complaint petition. Further, as per Rule-44 of POLI Rule-2011, after grace period of 30.04.2009, the policy became void and all claims to any benefit in virtue thereof ceased and all money that have been paid in consequence thereof shall be forfeited. During argument, the Advocate for Complainants has brought to our notice regarding payment of premiums for the month of November-2008 as he has filed the xerox copy of postal payment receipts of dtd.29.11.2008. So, the submission of Advocate for O.Ps regarding non-payment of dues for the month of November-2008 has no force. But, admittedly, premiums for April-2009 to June-2009 have not paid. The Advocate for Complainants has also brought to our notice that as the provision of Rule-57 of Post Office Life Insurance rules-2011, where in the Rule-57 (2) (a) reads as follows: “Should the policy become a claim either due to death of the life assured or completion of term of the policy within the said period of twelve months from the date first unpaid premium had become due, the claim for the payment of the policy shall be accepted subject to deduction of all arrears of premium/premia together with interest thereon from the date the first unpaid premium in respect of such policy had become due to the date of its becoming a claim, at interest rate prescribed by the Director General of Posts and subject to further deduction of accumulated loan and interest thereon, if any”. So, from the materials available in the case record, it shows that the policy holder died within 12 months of date of first unpaid premium has become due, for which the claim for payment of policy shall be accepted, subject to deduction of all arrears of premium together with interest thereon from the date of the first unpaid premium in respect of such policy had become due. So, by following such rules, the Complainants are entitled to get the death claim benefits as claimed and the O.Ps are jointly or severally liable for the same.

                     6. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that the Complainants are entitled to get death claim benefit from the O.Ps after deduction of arrear of premiums from April-2009 to June-2009 together with interest from the date of first unpaid premiums of April-2009 along with compensation of Rs.10,000/- (Rupees Ten thousand) only and litigation cost of Rs.2,000/- (Rupees Two thousand) only within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the total amount including the death claim amount along with compensation and litigation cost from the date of order till realization. The O.Ps are jointly or severally liable for the same. Hence, ordered:-

                                                     O R D E R

                         The Consumer case is allowed on contest against O.Ps with cost. The O.Ps are jointly or severally directed to pay the death claim benefit after deduction of arrear of premiums from April-2009 to June-2009 together with interest from the date of first unpaid premiums of April-2009 along with compensation of Rs.10,000/- (Rupees Ten thousand) only and litigation cost of Rs.2,000/- (Rupees Two thousand) only within 60 days of receipt of this order to the Complainants, failing which it will carry interest @ 9% per annum on the total amount including the death claim amount along with compensation and litigation cost from the date of order till realization. The Complainants are also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order. 

                         Pronounced in the open Forum on this day i.e. the 28th day of March, 2018 given under my Signature & Seal of the Forum.