A.K.ANNAMALAI, J. - (1.) Unsuccessful complainant is the appellant.
(2.) Complainant?s husband took a RPLI Policy from 2nd opposite party on 21.1.06 for Rs.25,000/- for 17 years by paying the premium of Rs.128/- and the 2nd premium to be paid only after receiving the policy bond and pass book from the opposite parties and promised it would be sent within one month. The complainant?s husband often contacted the 2nd opposite party in this regard, but the pass book and the bond was not given to the complainant?s husband who died subsequently in an accident on 23.4.06. The 1st opposite party sent the policy bond and the pass book through 2nd opposite party on 8.6.06 and the 2nd opposite party returned the same with an endorsement "addressee expired". The 1st opposite party sent a letter through the 2nd opposite party to pay the premium amount of Rs.128/- alone to the complainant. Because of the delay in sending the policy bond and pass book the complainant?s husband was not in a position to pay his subsequent policy premium before his death and thereby there was deficiency in service by the opposite parties and after giving a legal notice the complaint was filed claiming the policy amount of Rs.25,000/- with interest at 18% and Rs.50,000/- as compensation and Rs.2,000/- as costs.
(3.) The opposite parties denied the allegations of the complainant and stated that the 1st opposite party sent to the policy acceptance memo and premium receipt book with instructions to remit the subsequent premium from June 2006 by registered post on 8.6.06. But the letter was refused as the policy proponent expired and as per the terms and conditions of the policy only after the acceptance of policy cover the risk will come in to effect as per rule 22 under note 11 of Post Office Insurance Fund and in this case as there was no such acceptance before the death of the policy holder even though the policy was accepted within 90 days from the date of medical examination on 9.3.06, there is no question of deficiency of service and thereby the complaint to be dismissed.;