RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 2528 of 2012

1- Senior Superintendent of Post Office,

    Muzaffarnagar Division, Muzaffarnagar.

2- Deputy Divisional Manager (PLI),

    Office of Chief Post Master General, U.P.

    Circle, Lucknow.                                         …. .Appellants.

Versus

Smt. Krishna Goyal d/o late Omprakash,

Retired Ward Sister from  District Hospital,

Muzaffarnagar, Presently  resident of House

no.148, Gangal Bhawan Street, Meerpur, Bhumma,

Sambhalhera, Tehsil, Jaanshath, District,

Muzaffarnagar.                                                  ...Respondent.

Present:-

1- Hon’ble Sri Vijai Varma, Presiding Member.

2- Hon’ble Sri Govardhan Yadav, Member.

Sri Vishal Chaudhary, counsel for the appellants.

None for the respondent.

Date 11.9.2018

JUDGMENT

(Delivered by Sri Vijai Varma,  Member)

This appeal has been filed against the judgment and order dated 28.8.2012, passed by the District Forum, Muzaffarnagar in complaint case no.82 of 2011.

The facts leading to this appeal, in short, are that the respondent/complainant had taken a postal life insurance policy no.UP 121531 and has been paying the instalments regularly. The aforesaid policy matured on 3.6.2010. The complainant fulfilled all the formalities but the appellants/ OPs did not make any payment of the matured amount.  Therefore, the complainant filed a complaint case before the Forum below wherein the appellants/OPs did not appear and the Forum below passed the impugned exparte order on 28.8.2012 as under:-

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"परिवादिनी का परिवाद विरूद्व विपक्षीगण अंकन 1,00,000/- रू0 परिपक्‍व बीमित राशि हेतु ि ि‍व 00/- t is reduced to Rs.81,000.00 in place of ayable and accordingly, the  impugned order deserves to be amended to thaस्‍वीकार किया जाता है। परिवादिनी उक्‍त राशि पर वाद योजित करने की तिथि से भुगतान की अंतिम तिथि तक 07 प्रतिशत वार्षिक ब्‍याज पाने की अधिकारिणी है तथा मानसिक क्षति के रूप अंकन 2500/- रू0 एंव वाद व्‍यय के रूप में अंकन 2,500/- रू0 भी पाने की अधिकारिणी होगी।"

Feeling aggrieved with the impugned order that this appeal has been filed by the appellants/OPs mainly on the grounds that the matured value of the policy was Rs.81,000.00 and order was passed for making payment of that amount to the respondent but she did not turn up to receive the amount but ld. Forum has passed order for payment of Rs.1 lac arbitrarily even though the sum assured was Rs.60,000.00 only. Since the ld. Forum has passed the impugned order erroneously hence, it is liable to be set aside and the appeal allowed.

Heard counsel for the appellants and perused the entire records. None appeared for the respondent.

In this case, it is not disputed that the complainant had taken a postal life insurance policy from the appellant and that the maturity date of the same was 3.6.2010.   The disputed point accordingly to the appellant is that the assured amount of the policy was Rs.60,000.00 and the maturity amount Rs.81,000.00 whereas the complainant had claimed Rs.1lac as maturity amount.

So, it is to be seen as to whether the maturity amount was Rs.81,000.00 or Rs.1 lac and whether the appellants/OPs committed deficiency in service in not making payment of the maturity amount to the complainant. If so, its effect.

In this regard, it is argued by the ld. Counsel for the

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appellant that the policy no.UP 121531 was for Rs.60,000.00 and the maturity amount was Rs.81,000.00. The appellants have filed copy of the policy document wherefrom, it is clear that the face value of the policy was Rs.60,000.00 and the maturity value of the same was Rs.81,000.00. Even though the complainant has claimed Rs.1 lac as the maturity amount but she did not file any policy documents to substantiate her claim. It also transpires that intimation for payment of the maturity amount of Rs.81,000.00 was given by the appellants to the complainant on 16.5.2011. The complainant has not been able to file any document to show that the maturity amount of the aforesaid policy was Rs.1 lac, therefore, it is clear that the maturity amount of the policy of the complainant was Rs.81,000.00 only as contended by the appellants/OPs. This amount was to be paid on maturity on 3.6.2010 i.e. on the date of the maturity of the policy but the same does not appear to have been ordered to be paid for about a year, therefore, there is clear cut deficiency in service on the part of the appellants/OPs in not making payment of the amount of Rs.81,000.000 in the right earnest. Therefore, to that extent the appellants/OPs did commit deficiency in service, therefore, the ld. Forum rightly concluded about the deficiency in service of the appellants/OPs but there was no occasion for the Forum below to have awarded the amount of Rs.1 lac when the maturity amount was only Rs.81,000.00. Therefore, in place of Rs.1 lac only Rs.81,000.00 was payable and accordingly, the  impugned order deserves to be amended to that extent and the appeal deserves to be partly allowed.  

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ORDER

The appeal is partly allowed. The judgment and order dated 28.8.2012 is amended to the extent that maturity amount is reduced to Rs.81,000.00 in place of  Rs.1 lac. The rest of the order shall remain as it is.

Certified copy of the judgment be provided to the parties in accordance with rules.

         (Vijai Varma)                          (Govardhan Yadav)

    Presiding Member                                 Member

Jafri PA-II

Court No.3