Sri S.K.Sahoo,President.
One Lambodar has filed the present complaint U/s. 12 of C.P.Act, 1986.
2. The case of the complainant is that Kia Sahu is his wife who had insured herself under the Postal Life Insurance Scheme on 02.06.2006 for Rs.20,000.00. She had paid the monthly premium of Rs.276.00 along with Rs.1.00 as service tax in each month. The opp.party No.5 after receiving the premium from Kia Sahu used to issue premium receipt. On 17.08.2009 Kia Sahu died which was informed to the opp.parties. The complainant is now the claimant of the sum assured on the Postal Life Insurance Scheme due to Kia. After receiving the information from the complainant , the opp.party No. 4 by his letter dtd. 05.02.2010 instructed the postal inspector to conduct an inquiry regarding the genuineness of the death of Kia. The Inspector conducted an inquiry on 08.04.2010 and submitted his report to opp.party No.3. The Asst. Director of Postal Service who is opp.party No.3 wrote a letter to opp.party No.4 on 28.09.2011 by sending the copy of death certificate of Kia , 31 numbers of PLI receipts, letter of the complainant and LI-9 for verification and necessary recommendation for sanction of the claim of the complainant. Accordingly opp.party No.4 submitted his report which shows the genuineness of the claim but till now there is no settlement of the claim in favour of the complainant. The opp.party No.5 who received the premium has not issued any policy to Kia or the complainant after the death of Kia. So the complainant has written several letters to the opp.parties at different point of time but no action was taken for settlement of his claim. Finding no other way on 25.11.2014 the compliant issued a pleader notice to the opp.parties by regd. post bearing Regd. letters No. 1418,1419 & 1420. The opp.party No.4 submitted his reply by his letter dtd.05.12.2010. By the said letter the opp.party No.4 informed that the opp.parties are taking necessary steps for settlement of the death claim. Thereafter, the complainant approached the opp.parties for settlement of the claim in several occasions but till filing of the complaint the claim was not settled by the opp.parties. The complainant is aged about 68 years, running from pillar to post for the insured amount of his deceased wife. Hence this case.
3. Notices were issued to all the opp.parties through Regd. post with A.Ds. The A.Ds are available in the case record. In pursuance of notice the opp.party No.4 appeared before this Forum/Commission and filed a written statement/show cause on behalf of all the opp.parties.
4. The case of the opp.parties is that Kia Sahu, the wife of the complainant had proposed a RPLI policy for sum assured of Rs.20,000.00 at Tukuda Branch Post office and deposited the 1st premium of Rs.276.00 at Tukuda Branch post office vide PLI-2 receipt No.16 dtd.02.06.2006. The proposal form of Smt. Late Kia Sahu was not received by opp.party No.4, for which the said proposal could not be accepted by the competent authority but late Kia Sahu had deposited Rs.276.00 per month from the month of June, 2006 to August, 2009 at Tukuda branch Post office without receiving the acceptance letter and policy documents. She had not made any representation to opp.party No.4 regarding non-issuance of policy bond during his life time. After lapse of three years on 17.08.2009 Kia Sahu died and after her death the complainant has filed his claim for the sum assured by submitting the death certificate and 31 numbers of premium receipts for the period June, 2006 to August, 2009 . The claim papers were verified with reference to the record available in the office but the proposal form is not available at Tukuda branch post office, Kishoregang Sub-Post office and the Inspector of Post Office,Angul West Sub-Division. No proposal form is pending in the name of Kia Sahu. The complainant issued a legal notice through advocate. A reply was given to the said pleader notice, in which the complainant was informed that there is difficulties to settle the death claim in absence of policy bond. As per the departmental provisions, in absence of policy bond death claim can not be entertained. Keeping in view the deposit of premium by Kia regularly, the competent authority issued an order for refund of the deposited amount collected without settling the death claim. There is no deficiency in service on the part of the opp.parties and the complainant is not entitled to get any relief. The case may kindly be dismissed.
5. On perusal of case record it transpires that the complaint filed by the complainant is supported with affidavit. He has filed the documents which were in his possession. Although the opp.parties filed a written version through opp.party No.4, they have not adduced any evidence. The complainant also did not adduce any evidence during hearing of the case. So the case is to be disposed off on basing on the pleadings of the parties and the documents relied on by them.
6. Admittedly Late Kia Sahu had deposited monthly premium with the opp.party No.5 under Postal Life Insurance Scheme on 02.06.2006 . It is also admitted that she has deposited the monthly premium under the said scheme from 02.06.2006 till August, 2009. It is also admitted that on 17.08.2009 the insured Kia Sahu died on and an inquiry was conducted by the officials of the opp.parties. In the show cause the opp.parties also admitted the aforesaid policy. The sum assured was Rs.20,000.00. The complainant has filed the photo copy of 31 numbers of the premium receipts issued by the opp.party No.5. From the complaint petition , show cause filed by the opp.parties and the documents filed by both parties it is clear that the opp.party No.5 accepted the policy premium for about three years. The opp.parties refused to pay the insured amount on the ground that the proposal form and the policy bond were not issued to Kia Sahu .The opp.parties admitted in their show cause that policy bond and the proposal form are not available in their office. The department of the opp.parties has agreed to repay the amount received from Kia Sahu towards premium. The opp.party No.5 in his letter dt. 10.06.2015 issued to the complainant and others has informed the complainant to receive an amount of Rs.10,764.00 which was received from his wife late Kia Sahu. As the opp.party No.5 has received the monthly premium from Kia Sahu from 02.06.2006 till 17.08.2009, it is the duty of the opp.parties to issue the policy bond to late Kia Sahu. Not issuing the policy bond to late Kia Sahu within a reasonable time is a gross deficiency in service by the opp.parties. As the wife of the complainant was paying the premium regularly till her death, the complainant is entitled to the sum assured under the Postal Life Insurance Scheme to Kia Sahu. The opp.parties can not escape from their liabilities by telling that no proposal form is available and policy bond has not been issued to the wife of the complainant. The complainant was forced to come to the litigation for his genuine claim. He is running to the Commission since last eight years. Due to the deficiency in service by the opp.parties the complainant was subjected to mental agony, stress and strain. The opp.parties are liable to pay compensation along with the due ,for which the complainant is entitled.
7. Hence order :-
: O R D E R :
The case be and the same is allowed in part on contest against the all the opp.parties. The opp.parties are directed to pay an amount of Rs.20,000.00 (Rupees Twenty Thousand) only along with interest @7% per annum from 17.08.2009 until payment is made. They are further directed to pay an amount of Rs.5,000.00 (Rupees Five Thousand) only towards litigation expenses along with compensation an amount of Rs.10,000.00 (Rupees Ten Thousand) only towards mental agony, harassment etc. to the complainant. The opp.parties are directed to pay the aforesaid amounts within one month from the date of receipt of this order, failing which they have to pay penal interest @ 12% per annum on Rs.20,000.00 (Rupees Twenty Thousand) only from 17.09.2009 till payment is made and penal interest @ 12% on the damage and litigation expenses of Rs.15,000.00 (Rupees Fifteen Thousand ) only after one month of receipt of order till payment is made.
