BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
SRI M.V.R. SHARMA, MEMBER
Wednesday, 29th June 2016
CONSUMER COMPLAINT No. 13 / 2016
Smt. P. Saraswathi Devi,
W/o Late Koppala Uma Vasantha Prabhakar,
Hindu, aged 53 years, working as Typist,
O/o Chief Planning Officer, Collectorate, Kadapa city,
Residing at D.No. 20/550, R.K. Nagar, Kadapa city. ….. Complainant.
Vs.
1. The Chief Post Master General, A.P. Circle,
Abids, Hyderabad – 500 001.
2. The Superintendent of Post Officer,
O/o Postal Department, Upstairs, Kadapa Head Post Office,
Near I town Police Station, Kadapa Division, Kadapa – 516 001.
3. The Post Master, O/o Post office, Head Post Office,
D.No. 21/60, Near I town Police Station,
Kadapa City – 516 001. ….. Respondents.
This complaint coming on this day for final hearing on 21-6-2016 in the presence of Sri Y. Srinivasulu, Advocate for Complainant and Sri P. Subramanyam, Govt. Pleader for Respondents and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- It is submitted that the claimant is wife of Koppala Uma Vasanth Prabhakar, S/o K. Devadanam. The said Koppala Uma Vasanth Prabhakar, during his life time had taken postal life insurance policy No. AP – 412002-CS an amount of Rs. 1,00,000/-, dt. 31-3-2010 from the Respondents. The said Koppala Uma Vasanth Prabhakar had regularly paying the premium amount of Rs. 1,175/- per month. The date of maturity term of the said policy is 60 years. As per the said policy in case the insured died before the date of manturty the Respondents have to pay the assured sum amount + vested bonus. Likewise in case of survival. The said Koppala Uma Vasanth Prabhakar died on 13-2-2012 due to heart pain. The Complainant is the nominee of the said Koppala Uma Vasanth Prabhakar. The said Koppala Uma Vasanth Prabhakar was worked as Senior Assistant, Tahsildar Office, Sidhout Mandal, Kadapa District at the time of taking the policy he was hale and healthy. It is submitted that the Complainant being the nominee, she has complied with all the requirements to the Respondents for death claim of the said Koppala Uma Vasanth Prabhakar and submitted original postal life insurance policy documents in the month of March 2013 through the postal Inspector, Kadapa. The said postal inspector is in the control of the Respondents. Since then the Complainant is going around the Respondents office for the death claim of the said Koppala Uma Vasanth Prabhakar. Though the Complainant is fulfilled all the requirements as asked by the Respondents, they have not settled the death claim for the reasons be3st known to them. R1 sent a reply letter dt. 3-12-2015 with all false allegations. Since the said Koppala Uma Vasanth Prabhakar died before the maturity of the policy, the nominee i.e. Complainant is entitled the sum assured amount and vested bonus. A duty is cast upon the Respondents to settle the just claim of the Complainant. Thus act of the Respondents clearly amounts to deficiency of service eon their part and also made the Complainant to suffer mental agony. Hence, this complaint. The Complainant’s husband obtained life insurance policy No. 654802363 an amount of Rs. 50,000/- on 25-2-2008 after the death of the said Koppala Uma Vasanth Prabhakar, the branch Manager, LIC of India, Kadapa paid death claim amount to the Complainant. It is submitted that the Complainant approached the Respondents on several times to settle the death claim of Koppala Uma Vasanth Prabhakar. But they are postponing the same on some pretext or other without the Complainant is obliged to file this complaint before this Hon’ble forum for redressal. Having no other alternative.
3. It is therefore, prayed that this Hon’ble forum may be pleased to pass an order in favour of the Complainants against the Respondents (i) direct the Respondents to pay policy amount Rs. 1,00,000/- plus vested bonus along with interest to the Complainant from the date of death i.e. 13-2-2012, (ii) pay a sum of Rs. 50,000/- towards mental agony, (iii) pay Rs. 5,000/- towards costs of this complaint and (v) to grant such other reliefs as the Hon’ble forum deems fit and proper in the interest of justice.
4. Respondents 1 to 3 filed counter. The Complainant is put to strict proof of all the allegations mentioned in the complaint which are not expressly and specifically admitted herein by these respondents. The deceased life assured had taken Postal Life Insurance policy bearing No. AP – 412002-CS on31-3-2010 for a sum of Rs. 1,00,000/-. The Complainant is the nominee for the above postal life insurance policy preferred death claim of the above policy vide her application dt. 30-8-2012 along with death certificate, policy document, premium passbook.
5. Rule 53 of Post office life insurance rules 2011 stipulates as under. “Cases of early death i.e. before completion of 3 years from the date of acceptance of a policy will be investigated thoroughly to enquire if the insurant while submitting the proposal had suppressed material information which otherwise would not have allowed the proponent to be eligible for PLI/RPLI and it should be examined whether insurant was suffering from any disease prior to taking of a policy. Whether there was any deliberate, attempt on the part of marketing staff to insure sub standard life or to cause loss to fund balance. Whether cause of death had nay relation to the disease. The postmaster General after satisyhing himself may sanction death claim”.
6. In the present case since the insurant died before completion of 3 years from the date of acceptance, R2 made confidential inquiries which revealed that the late insurant had availed Earned leave and Half pay leave on medical certificate for 63 days on the Medical grounds “Hypertension and chest pain from 24-11-2007 to 25-1-2008 and extraordinary leave on medical certificate for 11 days from 26-1-2008 to 5-2-2008 i.e. prior to three years taking the policy. But the late insurant did not mention these particulars in the proposal form against columns 16 (a), (b), (c) and (d) while taking the policy. Further the late insurant declared in the column 17 of the proposal form that he is in good health and have not had any serious illness for the last three years.
7. The R1 had not admitted the death claim under rule 53 of Postal Life Insurance Rules for suppression of material facts. The same was informed to the Complainant through the letter dt. 3-12-2015 aggrieved on this the Complainant had approached the Dist. Forum, Kadapa. In view of the above facts and circumstances of the case it is therefore prayed that the Hon’ble forum be pleased to dismiss the complaint against the Respondents and pass such other order or orders under the circumstances of the case in the interest of justice.
8. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by her or not?
ii. Whether there is negligence or deficiency of service on the part of the Respondents or not?
iii. To what relief?
9. On behalf of complainant Exs. A1 to A5 were marked and on behalf Respondents Exs. B1 to B4 documents were marked.
10. Point Nos. 1 & 2. It is very clear from Ex. B1 and Ex. A1 that the deceased that the K. Uma Venkata Prabhakar, husband of the Complainant had taken the postal life insurance policy bearing No. AP-412002-CS for an amount of Rs. 1,00,000/- dt. 31-3-2010 from Respondents. The date of maturity of the said policy is 60 years. As per Ex. A3 the deceased K. Uma Venkata Prabhakar died on 13-2-2012. The Complainant is the nominee of the deceased K. Uma Venkata Prabhakar. Ex. A2 proves that the deceased had obtained postal life insurance policy for Rs. 1,00,000/-. Ex. A1 clearly proves that the Complainant had applied for death claim fo the deceased K. Uma Venkata Prabhakar, who is her husband. Ex. B2 also proves the same that the Complainant had applied for settlement of death claim of her deceased husband of K. Uma Venkata Prabhakar. From all these documents on record and averments of the complaint and counter it is very clear that the deceased was hale and healthy at the time of obtaining the Postal Life Insurance policy. The Respondents failed to prove that the deceased due with pre-existing disease. There is no piece of evidence filed by the Respondents to prove that the deceased had suppressed the pre-existing ailments. Hence, the Complainant is eligible for compensation as prayed by her. At the same time there is deficiency of service and negligence on the part of the Respondents 1 to 3.
11. Point No. 3. In the result, the complaint is allowed, directing the Respondents 1, 2 & 3 jointly and severally liable to pay Rs. 1,00,000/- (Rupees one lakh only) with vested bonus and interest to the Complainant from 13-2-2012, pay Rs. 5,000/- (Rupees five thousand only) to the Complainant towards mental agony, pay Rs. 3,000/- (Rupees three thousand only) towards costs of the Complaint, within 45 days of date of receipt of orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 29th June 2016.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of death claim application annexure – VI submitted by the Complainant to the R2 though inspector of posts, Kadapa.
Ex. A2 P/c of acceptance letter issued by R2 in favou rof the Complainant’s husband dt. 8-4-2010.
Ex. A3 P/c of death certificate of K. Uma Vasantha Prabhakar issued by the Registrar of Births and Deaths, Kadapa Municipal Corporation, Kadapa dt. 23-2-2102.
Ex. A4 P/c of family member certificate issued bythe Tahsildar, Kadapa dt. 6-3-2012.
Ex. A5 Reply letter issued by the R1 to the Complainant dt. 3-12-2015.
Exhibits marked on behalf of the Respondents.
Ex. B1 P/c of proposal for postal life insurance of Sri K. Uma Vasanth Prabhakar along with P/c of account receipt No. 0015, dt. 31-3-2010 issued by SPM, Nagarajupet, ISO and P/c of PLI receipt No. 25, dt. 31-3-2010.
Ex. B2 P/c of letter of Smt. P. Saraswathi Devi, W/o Late K.U.V.Prabhakar addressed to Chief Post Master General, A.P. Circle, Hyderabad.
Ex. B3 P/c of leave application proforma dt. 8-5-2008 of Sri K. U.V. Prabhakar.
Ex. B4 P/c of Medical certificate dt. 22-1-2008 issued by Dr. M. Srinivasulu, Civil Asst. Surgeon, Kadapa.
MEMBER MEMBER PRESIDENT
Copy to :-
- Sri Y. Srinivasulu, Advocate for complainant.
- Sri P. Subramanyam, Govt. Pleader for Respondents.
B.V.P.
