Orissa

Jajapur

CC/14/2019

Mitu Sahoo. - Complainant(s)

Versus

Superintendent of Post Offices,Cuttack North Division. - Opp.Party(s)

Mahendra Kumar Nayak.

21 Aug 2019

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                             Dated the 21st day of  August,2019.

                                                      C.C.Case No. 14  of 2019.

Mitu Sahoo  , W/O Late Ananta ch.Sahoo   

Vill .  Khaman (Udaya Patana )   

P.S.  Panikoili  ,

Dist.- Jajpur .                                                                            …… ……....Complainant .                                                                   .                                    

                                                  (Versus)

1. Superintendent of post office Cuttack North Division, Cuttack.
2. The DDM (PLI) O/O The C.P.M.G,Bhubaneswar.
3. The Post Master,Jajpur Head post office.
4. Director of Accountant of postal ,Mahanadi Bihar,Cuttack-4.
5. Jayanta Sahoo, S/O Prafulla Ch.Sahoo,Vill / P.O./ Ampalba,Via.Sukinda ,Dt.Jajpur .                                                                                                                                                  ……………..Opp.Parties.                                                                                                                                            

For the Complainant:                               Sri M.K.Nayak,Advocate .

For the Opp.Parties : 1 to 3                      Sri U.N.Sahoo,Addl.Standing Govt.Counsel .

For the Opp.parties : No. 4 and 5             (None)

 

                                                                                                     Date of order:   21 .08.2019.

MISS  SMITA  RAY , L A D Y  M E M B E R  .

The petitioner has filed the present dispute alleging deficiency in service  against the O.Ps.

            The fact as per complaint petition in short is that the petitioner is the wife  of late Ananta ch.Sahoo , vill.Khaman , P.O. Sankhachilla, Dt. Jajpur .That Ananta ch. Sahoo  had  deposited on PLI monthly premium of Rs 531/ from the period of Nov-12 to jan-2015  for 27 months regularly before the O.Ps through Jayanta Sahoo  at the Ampalba post office , Sukinda .That it is pertinent to mention here that Ananta .Ch . Sahoo was a labourer  , economically    very poor , uneducated person having four female child .  There is no agricultural  land  and having a BPL list category .  After the death of Ananta ch. Sahoo the petitioner is a destitute  lady having no  income source  .That the policy proposal was procured on 02.11.12 and the proponent  late Sri Ananta ch.Sahoo  was dead  on 14.01.15 after 2 year & 3 months .    After investigation report  of SCB medical college the disease was extra pulmonary , site –TB spine and treatment was started on 24.09.14  but he died on 14.01.15,  and the documents  in support of cause of death was verified  by LPOS , Jajpur Road sub- division  the deport of monthly premium was also verified by LPOS  .

            That after  insured   value  was received by the petitioner vide  letter from   the  Superintendent of post office North Division  of the amount of  Rs.15,627/- as against monthly deposit of  Rs. 1290/- which  was not cover the life risk of the depositor . It is clearly mentioned on the letter that “ the death claim was not accepted by the competent authority “ due to not completely filled the medical portion in the proposal form . It is also mentioned  that Sri Ananta  Ch.Sahoo was a uneducated person . Finding no other alternative the petitioner has filed the present dispute with the prayer to direct the O.P to pay the death claim  and any other relief as deemed fit  in favour of the petitioner .

            After notices the O.Ps  appeared through their learned advocate  and filed their written version  stating  that Late Ananta Ch.Sahu ,husband of the petitioner had proposed himself under Rural Postal Life Insurance  of Department of posts, India for a sum assured of Rs.50,000/- with monthly premium of Rs531/- deposited on 02.11.2012 and subsequent premium was paid till Jsan-2015 at Amploba Branch post office in account with Sukinda sub post office under Jajpur head post office .Sri Sahu expired on 14.01.2015 i.e after 2 years and 3 months of the date of submission of proposal form. The death claim application after due verification form the sub divisional head i.e Inspector of post offices, Jajpur Road  received at the office of O.P.no.1 on 12.09.2017 .During examination of proposal form for Rural postal life Insurance submitted by the late husband of the petitioner it is found that medical portion of the form i.e column 29,30(a) to 30(c) were not filled, for which the proposal was not accepted by the competent authority and no policy number was generated. Since the proposal was not accepted by the competent authority as the medical portion in the proposal form was not completely filled up by the proponent, the death claim was rejected and the amount deposited by the late proponent  was refunded to the complainant along with savings bank rate of interest. The refund amount was sanctioned on 01.01.2018 by the O.P.no.1 but the refunded amount was received by the complainant on 10.10.2018 . After receipt of the refunded amount, the complainant  has filed this case on 08.02.2019 belatedly which is almost after 4 months of taking the refunded amount.

            The fact of the case is that Late Ananta ch.Sahu husband of the petitioner had proposed himself under Rural Postal Life Insurance (RPLI) of Department of posts, India for a sum of assured of Rs. 50,000/- with monthly premium of Rs.531/- deposited on 02.11.2012 and subsequent premium was paid till Jan-2015 at Ampolba Branch post office in account with sukinda Sub post office under Jajpur Head post office. Sri Sahu expired on 14.01.2015 i.e after 2 years and 3 months of the date of submission of proposal form. The death claim application after duly  verified  form in the sub-divisional head i.e Inspector of post offices, jajpur Road -755019 received at  the office of the O.p.no.1 on 12.09.2017, During examination of proposal form for Rural postal Life Insurance submitted by the late husband of the petitioner,  It is found that medical portion of the form i.e column 29, 30 (a) to 309C) were not filled , for which the proposal was not accepted by the competent authority and no policy number was generated. Further in the said proposal form one important notice was kept printed in the 1st page both in Odia and English language  and as per point -4 “ proposer shall be responsible personally  for the information filled  in the form irrespective of whether the form is filled in his own hand or through his agent. Further as per Rule 39 of POIF Rules 2011, wrong information furnished by a person or suppression of factual information by a person admitted  to the benefits of the post office Life Insurance Fund/ Rural post office Life Insurance Fund will at the discretion of the post master General ,render voidable the contract concluded with that person and lead to forfeiture of all payment made by him.

            As defined in Rule 5, sub-Rule-11 of POIF Rules 2011 , Date of commencement of risk : means  the date  on which the proposal is accepted. No claim shall lie with postal Life Insurance before date of acceptance. Since the proposal was not accepted by the O.p.no.1 due to suppression of factual information by non filing the medical portion in the proposal application form . The O.P.no.1 refunded the deposited premia along with SB rate of interest on 10.10.2018 though refund order issued vide letter no .PLI/UCP/Misc dt. 01.01.2018 . More over after taking the refund amount on 10.10.2018 i.e after 10 months of sanction, the petitioner filed this case belatedly .

On the date of hearing we heard the argument from both the sides. After perusal of the record and documents in details

It is undisputed fact that the husband of the petitioner  made a PLI before the o.ps and till date  was paying  the monthly premium regularly .

            After the death of policy holder  the petitioner  claimed insured value but the o.ps  taken the main plea that “ due to non completion  of  medical portion  in the proposal form is   “  the  death claim was not accepted by the competent authority .  On the other hand the policy holder was a uneducated person . In the circumstances ,  it is our considered view it is  the duty of the authority of the O.Ps  to verify the proposal form whether it is properly filled in  or not when they are  accepting  the policy . Accordingly the plea taken by the O.Ps  regarding above  matter at the time of settlement of  the policy is not accepted as per law.

Hence this Order

Hence the dispute is allowed against the O.Ps. The O.Ps  are directed to pay the insured value  of Postal Life Insurance  to   the husband of the petitioner   within one month  after receipt of the order, failing which the insured value  will carry  at the rate of 9% from the date of filing the present dispute till its realization  and  to pay Rs . 10,000/-  as compensation .  The petitioner  is at liberty to  initiate the proceeding  U/S 25 and 27 of C.P.Act.,  in case the order is not complied within the aforesaid time .

 

This order is pronounced in the open Forum on this the 21st  day of  August,2019. under my hand and seal of the Forum.