Karnataka

Tumkur

CC/68/2020

Mr.Shivakumaraswamy - Complainant(s)

Versus

M/s District Manager Postal Department ,CPU (PLI-RPLI) - Opp.Party(s)

T.M.V

05 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
Old D.C.Office Compound,Tumkur-572 101.
 
Complaint Case No. CC/68/2020
( Date of Filing : 03 Nov 2020 )
 
1. Mr.Shivakumaraswamy
S/o S.G.Siddaramaiah ,A/a 60 years Near Karmalkanvent School ,Manjunatha Nagara ,Kyathasandra Post ,Tumakuru-572104.
Karnataka
...........Complainant(s)
Versus
1. M/s District Manager Postal Department ,CPU (PLI-RPLI)
Tumakuru-572101
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SRI.C.V.MARGOOR , Bcom , L L M PRESIDENT
 HON'BLE MR. KUMARA N , Bsc ,LLB,MBA MEMBER
 HON'BLE MRS. NIVEDITA RAVISH , BA , LLB. MEMBER
 
PRESENT:
 
Dated : 05 Feb 2021
Final Order / Judgement

Heard the learned counsel for complainant on admission of the complaint. The learned counsel for the complainant submits that the documents not traced as the complainant has lost the documents while shifting the house.

 

2. This complaint is filed by Mr.Shivakumaraswamy S/o S.G.Siddaramaiah resident of Tumkur to direct the OP District Manager Postal Department, CPU (PLI-RPLI) Tumkur to pay a sum of Rs.30,550=00 including damages etc.,

 

3. The complainant had obtained Postal Life Insurance from the OP for a sum of Rs.1,00,000=00 on 16-01-2012 agreeing to pay monthly premium of Rs.1,175=00. It is the further case of complainant that he has paid premium of 26 months regularly till March, 2014 a total sum of Rs.30,550=00. The complainant could not pay the future premium amount due to sudden ill health of his brother and mother in the month of March, 2014 and they passed away within a month. Maturity date of the Postal Life Insurance was on 17-01-2020. The complainant has approached the OP for repayment of the insurance premium paid amount in the year 2020 but it has turned down his request. Hence, this complaint.

 

4. The complainant has produced the copy of Postal Life Insurance Bond issued by the OP. Terms and conditions of policy clause No.11 says Aviation. Said clause reads as if the death of the insured should arise, either directly or indirectly as a result of aviation otherwise than as a fare paying  passenger in a aircraft authorized to undertake public transport or as a servant of Government of India in a India Army, Navy or Air Force on whose policies extra premia are payable under Rule 2A or 2 D of POIF Rules, only the surrender value acquired by the policy will be payable under the policy provided that the surrender value will be paid only if 3 years premia have been paid on the policy and the policy is of not less than 3 years duration.

 

5. On perusal of condition No.11 of the policy says that the insured is entitled for surrender value if he has paid three years premium continuously otherwise policy would lapse. The complainant in the complaint itself admitted that he has paid only 26 months premium from January 2012 to March, 2014. The admission in the complaint shows that the complainant has not paid three years regular premium as such he is not entitled for surrender value of the policy as per condition No.11 of the Postal Life Insurance Bond.

 

6. The OP has given reply vide document No.5 to the legal notice dated 30-9-2020 of the complainant that he has paid only 26 months premium as such he is not entitled for the refund of the policy or premium amount. The complainant has not fulfilled the terms and conditions of policy as such he is not entitled for the 26 months premium

 

amount paid by him. In view of clear violation of clause No.11 of the policy the complaint is not maintainable hence, we proceed to pass the following;

 

 

ORDER

 

The complaint filed by Mr. Mr.Shivakumaraswamy  is dismissed as not maintainable.

 

 

 

 
 
[HON'BLE MR. JUSTICE SRI.C.V.MARGOOR , Bcom , L L M]
PRESIDENT
 
 
[HON'BLE MR. KUMARA N , Bsc ,LLB,MBA]
MEMBER
 
 
[HON'BLE MRS. NIVEDITA RAVISH , BA , LLB.]
MEMBER
 

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