: FINAL ORDER :
DATE OF FILING : 17.05.2017
ORDER No. 10
DATE. 29.12.2017
Shri Asoke Kumar Das – President
Complainant’s case in short is that Ananta Majumder, husband of complainant during his lifetime purchased a Postal Life insurance policy No. WB 268500-CS and the sum assured of the policy was/is Rs. 1,00,000/-. The date of proposal of the said PLI was on 11.06.12 and it was accepted on 20.06.12. Ananta Majumder died on 04.03.15. The said policy was in running condition. On 07.05.15, the complainant submitted her claim at Kalyani SP, Nadia South Division, Kalyani. After few days Superintend of Post offices, Nadia South Division (OP No. 1) intimated her by letter that they were verifying the claim documents. On 26.11.2015. OP No. 1 intimated the complainant by a letter that, “we are forwarded after due verification and counter signature for taking necessary action”. On 08.01.16 Chief Post Master General, West Bengal Circle (OP No. 2) sent a letter to the complainant stating that, “pending claim cases of Kalyani H.O. are sent herewith for settlement at your end in new Mccamish System”. On 15.02.16 the complainant informed the matter to A/D, CA& FBP, Krishnagar Nadia. On 01.05.17 OP No. 2 sent a letter to the complainant requesting her to submit detail medical report and in reply the complainant intimated OP 2 that no medical report was lying in her hand. On 29.05.17. the complainant sent a letter intimating that she is unable to produce prescription and medical report of her deceased husband with request to settle her claim as soon as possible. But OPs took no step to settle her claim. Hence, this case. The complainant has prayed for direction upon the OPs to pay her Rs. 1,00,000/- (sum assured) and bonus accrued thereon and interest 12% from the date of death of the policy holder over the sum of assured, Rs. 50,000/- for her loss, damage, harassment, mental agony and cost of the proceeding.
Both the OPs have contested this case by filing a written version denying and disputing, inter alia, the claims and contentions of the complainant with prayer for dismissal of the case. The specific stand of the OPs is that they took several steps for settlement of the claim of the complainant. On 16.12.15 the Assistant Director of Postal Services – IV (KB), Office of the PMG, Kolkata Region, WB Circle has requested the Manager, Kalyani Spinning Mills Ltd. vide his letter dtd. 16.12.15 to intimate the particulars of leave taken on medical ground by the deceased insured during June, 2009 to June, 2012 and that information is required for the case of early death as per POLI Rules 2011. The Manager, Kalyani Spinning Mills Ltd. did not reply to that letter. On 04.07.2016, Post Office, Kalyani H.O. issued another letter to the Manger, Kalyani Spinning Mills Ltd. for the same information but no reply has been received from the Manager, Kalyani Spinning Mills Ltd. and for that reason they could not proceed further to settle the claim of the complainant.
POINTS FOR CONSIDERATION
- Is the case maintainable?
- Is the complainant a consumer?
- Are the OPs liable for negligence and/or deficiency in service as alleged by the complainant?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
After due consideration of entire materials on record and after hearing oral arguments advanced by the Ld. Lawyers of both sides, we find that undisputedly Ananta Majumder, husband of the complainant purchased the PLI in question in the year 2012 and the sum assured of the PLI No. WB 26 8500-CS is Rs. 1,00,000/-. Undisputedly said Ananta Majumder died on 04.03.15 and the complainant wrote letters to the OPs for settlement of her claim in respect of the said PLI of her deceased husband and she also sent necessary documents along with her letter and although the OPs proceeded with the claim matter but ultimately the claim of the complainant has not settled by the OPs till date (24.08.2017) and for this the complainant is suffering having no laches of her own.
OPs in their written version has clearly stated that for want of leave information of the deceased insure from June 2009 to June 2012 from the Kalyani Spinning Mills Ltd. where Ananta Majumder was an employee they could not settle the claim of the complainant . We find that the husband of the complainant Ananta Majumder died on 04-03-2015 and the said policy was is running condition at that time and complainant submitted her claim along with relevant documents on 07/05/2015, in such circumstances we fail to understand as to why the OPs did not settle the legitimate claim of the complaint since 2015 till date (24/08/2017) despite complainant’s prayers on number of occasion to settle her claim. It is/was the headache/ and responsibility of OPs to collect leave information of the deceased insure if at all that was/is necessary for settlement of claim of the complainant from the Authority of Kalyani Spinning Mills Ltd. giving this matter top most priority. But no positive step was taken by the side of the OPs to collect the said information from the Authority of Kalyani Spinning Mills Ltd. since 07.05.2015 to 24/08/2017 (date of filing this case) and thereby they have deprived the legitimate claim of the complainant unnecessarily. Such inaction on the part of OPs certainly comes within the ambit of negligence / deficiency in service.
In this view of the matter we final and hold that this case is well maintainable, the complainant is a consumer and the OPs are liable for deficiency in service as alleged by the complainant and that the complainant is entitled to get the reliefs as specified below. All points are disposed of accordingly. In the result the case succeeds.
Hence, it is,
Ordered,
That the case/application is allowed on contest without litigation cost as the Legal Aid Empanelled Lawyer has been engaged to conduct this case for the petitioner on her prayer.
The complainant do gets an award of Rs. 1,00,000/- i.e., sum assured and the accrued bonus thereon against the OPs. The complainant do gets further award of Rs. 10,000/- for deficiency in service of the OPs, and compensation for her harassment, mental agony etc. The OPs are hereby directed to pay to the complainant the aforesaid award of sum of money amounting to Rs. 1,00,000/- + Rs. 10,000/- = Rs. 1,10,000/- + accrued bonus of the sum assured with interest @ 8% p.a. since 07/05/2015 within 30 days from the date hereof failing which the complainant shall be at liberty to realize the same as per provision of the Consumer Protection Act, 1986.
Let plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post.
