BEFORE THE PRESIDENT, DISTRICT CONSUMERS DISPUTE REDRESSAL FORUM, SAMBALPUR
C.C. No.38 of 2017
Sri. Mahendra Kishan
Aged about 59 years,
S/o- Late Chhalu kisan
At/PO-Keseibahal,
Dist-Sambalpur ……………… Complainant
-VERSUS –
- Post Master General,
Regional Office, Sambalpur,
- Superintendent of Post Offices,
Sambalpur Division, Sambalpur.
- Post Master, Head Post Office, Jharsuguda,
At/PO/Dist- Jharsuguda,
- Medical Officer In-Charge,
Keseibahal PHC (New),
At/Po- Kasaibahal,
- Inspector of Post Offices,
Kuchinda Sub Division,
At/Po- Kuchinda,
For Complainant : Niranjan Kar
For O.P.s No.1 & 2 & Others : Dillip Kumar Panda
PRESENT:- SHRI A.P. MUND, PRESIDENT
SMT. S. TRIPATHY, MEMBER
SHRI K.D. DASH, MEMBER
Date of Order: 28.07.2018
SHRI A.P. MUND, PRESIDENT
Brief facts of the case are that the wife of the complainant Late Tarabati Kishan was working as a health worker under the Govt. of Odisha at PHC (New), Keseibahal of Sambalpur district and subsequently promoted to the post of lady Health visitor, while in service late Tarabati Kishan had purchased a P.L.I. Policy (Policy No. OR402739-CS- type of policy- E.A.) of sum assured Rs. 1,00,000/- maturity term 60 years and premium rate Rs. 1315/- (Monthly).
Premium of the policy was regularly paid up to the month of March, 2014 and while the Policy was in force Tarabati Kishan died on 30.05.2014.
After death of the Tarabati Kishan, on 27.08.2014, the complainant submitted an application in the prescribed form to the Superintendent of post offices Sambalpur Division in which he claimed the insured benefits for the insurance policy of his late wife.
Then the Superintendent of post offices, Sambalpur Division, sent the claim application along with other documents to the inspector of post offices, Kuchinda sub division on 10.09.2014 for necessary enquiry and to submit a report. When the matter delayed the complainant on 07.05.2015 submitted another letter to the superintendent of post office and Sambalpur Division, Sambalpur for early payment of claim of the P.L.I. of his late wife. Again the Superintendent on 10.06.2015 wrote a letter to the Inspector of post offices, Kuchinda sub Division to submit hIs report to the postmaster General Regional Office, Sambalpur. The Inspector of post offices Kuchinda made enquiry from the native village of the complainant and took the original P.L.I. policy Bond from the daughter-in-law of the complainant during the enquiry.
That the complainant has again submitted a letter to the O.P. No.5 to expedite the matter failing which he will move to the court of law but no effect. The O.P. No.2 has again wrote a letter to O.P. No.5 on 05.08.2015 to submit his report within three days but to no effect.
That surprisingly the O.P.No.2 in his letter dated 28.04.2016 requested the complainant to again submit claim application form with all documents and in response to which complainant again submitted claim application form along with all documents to O.P. No.2 on 06.05.2016.
The O.P. No.3 in this letter dated 06.01.2017 requested the O.P. No.4 to submit leave particulars of late Tarabati Kishan, wife of the complainant for the period from 11.02.2010 to 10.02.2013 in response to which the O.P.No.4 has submitted a report to the O.P. No.3 in his letter no. 170 dated 18.02.2017 in which it has been clearly mentioned that late Tarabati Kishan, has not availed any leave on medical ground for the period from 11.02.2010 to 10.02.2013.
It is mentioned in the complaint petition that the complainant is undergoing mental injury, harassment and financial loss as the PLI claim relating to his late wife has not been paid and kept pending for a longer period since submission of the claim application on dt. 27.08.2014 for which the O.P. No. 1,2, 3 and 5 are solely responsible.
It is also stated in the complaint petition that it is a continuous cause of action as the O.P. No.1,2,3 and 5 have not taken any step to settle the claim and hence the case is filed within time.
In view of the facts what have been stated above, the complainant prays before the Hon’ble Forum for grant of following reliefs:-
- The Hon’ble Forum may kindly direct the O.P. NO.1, 2, 3,and 5 to settle the P.L.I. claim relating to the wife of the complainant amounting of Rs. 1,00,000 + loyalty addition, bonus as applicable to the policy issued by the postal department and pay the same to the complainant within a time bound period.
- The O.P. No. 1, 2, 3 and 5 may kindly be directed to pay the complainant interest on the P.L.I. claim @ 18% per annum from the date of claim I.e. 27.08.2014 till the date of actual payment.
- And the O.P. No. 1, 2, 3 and 5 may kindly be directed to pay the complainant a sum of Rs. 50,000/- toward cost of proceeding mental injury and harassment caused to the complainant due to deficiency of service caused by them.
After receipt of notice from this Forum O.P. No. 1, 2, 3 and 5 jointly filed written version and O.P. 4 also filed its written statement.
O.P. No.4 submitted in his written statement that the wife of the complainant, late Tarabati Kishan was working as HW(f) and MPHS(f) under keseibahal PHC(N) under Garposh CHC for a period of about 20 years till her death on 30.05.2014.
That during the period from 11.02.2010 to 10.02.2018 late Tarabati Kishan had not availed any leave on medical ground due to her own illness.
The O.P. No. 1, 2, 3 and 5 denied all the allegations of the complainant in their written version. The O.P.’s also mentioned in the written version that, after receipt of notice from the form, they had offered the due amount to the complainant but the complainant denied to receive that as the matter is subjudiced in the court of law.
Documents filed by the complainant in support of his case are:-
- Copy of PLI Policy No. OR402739CS, Date of commencement of Policy-11.02.2013, Sum assured Rs. 1,00,000/-, Date of maturity- 11.09.2020.
- PLI Policy acceptance letter dated 21.03.2014 of Late Tarabati Kishan.
- PLI Premium receipt book of Late Tarabati Kishan, Policy No. OR402739CS.
- Death Certificate of Late Tarabati Kishan W/o complainant
- Legal heir certificate of Late Tarabati Kishan.
- Medical Certificate of cause of death of Late Tarabati Kishan.
- Claim application of Complainant dated 27.08.2014.
- Letter dated 10.09.2014 of the Superintendent of Post Offices, Sambalpur Division to the address of Inspector of Post Offices, Kuchinda Sub Division.
- Application of Complainant dated 07.05.2015 submitted to the Superintendent of Post Offices, Sambalpur Division, Sambalpur
- Letter dated 10.06.2015 of the Superintendent of Post Offices, Sambalpur Division to the address of Inspector of Post Offices, Kuchinda Sub Division.
- Letter dated 24.07.2015 of the Complainant to the address of Inspector of Post Offices, Kuchinda Sub Division.
- Letter dated 05.08.2015 of the Superintendent of Post Offices, Sambalpur Division, Sambalpur to the address of Inspector of Post Offices, Kuchinda Sub Division.
- Letter dated 28.04.2016 of Superintendent of Post Offices, Sambalpur Division, Sambalpur to the Complainant.
- Letter dated 06.05.2016 for the Complainant submitted to the Superintendent of Post Offices, Sambalpur Division, Sambalpur.
- Letter dated 06.01.2017 of the post master, Jharsuguda Post offices address to the Medical Officer, Keseibahal PHC (New).
- Letter No. 170 dated 18.02.2017 of Mediacl Officer, Keseibahal PHC (New).
We have heard the learned counsel for both the sides.
Reiterating the entire facts as mentioned in the complaint petition, the learned counsel for the complainant narrated the entire actions of the O.P’s as intentional in delaying the claim of the complainant which stood under its legal base and therefore he pleaded that this is a total harassment to the complainant and the O.P’s are neglected their duties in performing the same which otherwise is treated as deficiency in service and rather otherwise be called as unfair trade practice.
On the other hand, the learned counsel of the O.P’s attracted the attention of the court that the matter was taken seriously by the authorities and dealing with the matter and it is not at all intentional to invite any obstacle in payment of the dues to the complainant. Rather the payment was made ready and advances to the complainant but he refused to accept the same on the ground of continuation of the instant litigation at hand.
However, whatsoever the case may be we find that the claim of the complainant is found to be a genuine one and so also it is not disputed from the other side. But it is crystal clear that the matter has been badly delayed in its proper execution and therefore keeping in view a numbers of correspondences and that of those sincere efforts taken by the complainant, we consider that the complainant has been really neglected in getting his dues as a nominee of the deceased Policy holder. Which would not have been delayed to such an extent, No doubt, the postal authorities in a belated stage have come forward for the payment of the dues in favour of the complainant but such a delay and the agony caused to the complainant for the same has to be taken in to consideration for its redressal.
Thus the claim of the complainant is hereby allowed. The O.P. No.1,2,3 & 5 are hereby jointly and severally responsible for such short coming and directed to pay the insured amount of Rs. 1,00,000 along with the bonus applicable from the vary date of commencement of the date of due payment including the interest at the rate of 12% per annum over the total due amount and the date accrued therefor. The concerned O.P.’s are also to pay a compensation of Rs. 17,000/- for causing harassment and mental agony. So also the O.P. have to pay litigation charge of Rs. 3000/-. The payment is to made within a period of 30days from the date of this order failing which the total amount as ordered will carry further an interest of 18% till the actual date of payment.
.
Sd/-
SHRI A.P.MUND
Sd/- PRESIDENT.
SMT S.TRIPATHY. Member I agree.
Sd/-
SHRI K.D.DASH. Member I agree.
Sd/-
Dictated and corrected by me.
PRESIDENT.
