DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
D.F.Case No.164/2007
Complainant: Sukumar Pal,
Vill. & P.O.-Bamsore,
P.S.-Bhatar, Dist.-Burdwan.
VERSUS
Opposite Party:1. Post Master,
Bamsore Post Office,
P.S.-Bhatar, Dist.-Burdwan
2. Sr.Superintendent of Post Offices,
Burdwan-713101
3. Assistant Divisional Manager,
West Bengal Circle, Dept. of Post,
Kolkata-700 012.
Present : Hon’ble President: Sri Tushar Kanti Paladhi
Hon’ble Member : Sri Ajit Kumar Basu
Appeared for the Complainant: Ld. Advocate, Mujibar Rahaman Mallic & Other
Appeared for the Opposite Party 1, 2 & 3: Ld. Advocate, Ranajit Ghosh.
Date of delivery: 31.7.2009.
JUDGEMENT
This is a case U/S 12 of C.P. Act, alleging deficiency in service against the O.P., Post Office and praying for direction to the O.P. to make payment of Rs.1,00000/- to the complainant.
The complainant’s case is that Anima Pal(Gorai), the wife of the complainant was an insured under the Santosh (Endowment Assurance) policy and Rural Postal Life Insurance of the Department of Posts, India, bearing No.R-WB-SB-EA-32120 dated 31.3.2004 for an assured sum of Rs.100000/- with a monthly installment as premium for a term of 23 years, starting from March, 2004. The said policy was started on payments of Rs.340/- as premium for the month of March, 2004 on 31.3.2004. But it was not possible for the complainant to come to the Post Office every month. So, on 1.4.2004, the insured requested the Post Master, Bamsore Post Office to convert the mode of payment from month to half yearly. According to the complainant, the Post Master agreed to transform the payment policy from monthly to half yearly. The Insured Anima Pal on 10.8.2004 paid Rs.1700/- as premium for the month of April to August, 2004. Thereafter, on 16.4.2005 the insured Anima Pal paid Rs.1980/-, as half yearly premium from September, 04 to February, 05. Smt. Anima Pal died on unnatural death on 5.6.2005 on account of accidental consumption of pesticide kept in the bottle of Benadryl Cough Formula. On 21.3.2007 the complainant being the nominee of the insured filed an application before Sr. Superintendent of Post office, claiming the assured money of Rs.100000/-. The Assistant Divisional Manager(PLI) W.B. Circle rejected the death claim by letter dated 10.8.2007 describing the policy as void w.e.f. September, 04 on account of non-deposition of premium within prescribed time limit. He also ordered for refund of Rs.2010/-, which the petitioner denied to accept. Hence, this case.
O.P. No.2 contests this case by filing written objection. It is stated that the legal heir of insured reported that she has committed suicide on 5.6.2005 within one year two month and 4 days from the date of acceptance of policy. The O.P. also describes the claim of the nominee as unfounded in law.
Points for consideration in this case are:-
1. Whether there is deficiency in service on the part of the O.P.?
2. Whether the complainant is entitled to get relief as prayed for?
FINDINGS WITH REASON
Admittedly, Anima Pal, the wife of the complainant made a Postal Policy for an assured sum of Rs.100000/- with a monthly installment of Rs.335/-, starting from March, 2004. It is evident that the insured deposited Rs.340/- on 31.3.2004. It is the case of the complainant that the insured changed the period of deposit of the premium from monthly to half yearly and accordingly she deposited Rs.1700/- for the rest period of half yearly i.e. April, 04 to August, 04. The insured also deposited Rs.1980/- on 16.4.2005, as the half yearly premium for the period from September,04 to February, 05. According to the Post Office, the policy became void w.e.f. September, 04. Ld. Lawyer of the O.P. Post Office refers clause-15.1 of Rural Postal Life Insurance Scheme 1995, wherefrom we get that in case insured subsequently wants any change in the periodically of payment of premium he shall obtain approval of C.P.M.G. concerned. But Anima Pal did not obtain approval of C.P.M.G. during change of period of premium. So, the O.P. Post Office has rightly described the policy as void and has refunded the amount deposited as half yearly premium by the insured. As regards, death of the insured, the complainant has himself stated in the complaint that Anima Pal died an unnatural death on account of accidental consumption of pesticide kept in the bottle of Benadryl Cough Formula. As per clause-24, in case the policy holder commits to suicide within two years of the acceptance of the policy, no claim shall lie against the department and the claim shall be rejected. Ld. Lawyer of the complainant submits that as such plea of suicide has not been taken in the letter of repudiation, so the O.P. Post Office cannot take such plea in the written objection. When the materials of mode of death comes from the statement of the complainant, the Forum cannot remain mumb on such points. But no document is coming to describe such death as suicide.
In view of the discussion as above, the Forum is satisfied that insured Anima Pal did not obtain approval of C.P.M.G. regarding change in periodically of payment of premium. So, there was violation of clause of Rural Postal Life Insurance Scheme, 1995, and as such the policy was void. Thus, the complaint case fails. C.F. paid is sufficient.
Hence,
ORDERED
that the case be rejected on contest. We do order of no cost.
(Tushar Kanti Paladhi)
President,
DCDRF, Burdwan
Dictated & corrected by me
(Tushar Kanti Paladhi)
President,
DCDRF, Burdwan
(Ajit Kr. Basu)
Member,
DCDRF, Burdwan