K.SAMPATH, J. - (1.) The 1st opposite party in OP No.6/2001 on the file of the District Consumer Disputes Redressal Forum, Srivilliputhur, is the appellant herein. The case of the complainant was as follows :- He had taken postal life insurance with the 1st opposite party, the monthly premium being Rs.96/-. The value of the policy was Rs.10,000/- the maturity of which was on the complainant attaining the age of 50 years. The policy matured in March 2000 and a claim was preferred. There were non-credits which were advised to be reconciled vide the 1st opposite partys letters dated 4/2/2000 and 17/8/2000. The missing credits were for the months of 7/94, 2/95, 9/96, 7/97, 9/97 and 1/98. According to the complainant the amounts were recovered by his employer viz., the 2nd opposite party but were not remitted by the employer to the 1st opposite party and the complainant should not suffer on that score. The 1st opposite party took the stand that the insured was personally responsible for ensuring the prompt credit of monthly premia and in the event of non-credit by the 2nd opposite party the complainant had to arrange to credit the same in time in cash into the Post Office. The 1st opposite party therefore deducted a sum of Rs.812/- from the amount payable and issued sanction for the balance. The complainant refused to collect the amount alleging that the deduction was not warranted and it was outside the scope of the policy.
(2.) The case of the 2nd opposite party was that for the disputed credits the 2nd opposite party had made payment to the 1st opposite party and there was no default on the part of the 2nd opposite party.
(3.) Before the District Forum, on the side of the complainant Exs.A-1 to A-7 were marked while on the side of the 1st opposite party Exs.B-1 to B-7 and on behalf of the 2nd opposite party Ex.B-8 were marked.;