West Bengal

South 24 Parganas

CC/514/2014

Sri Kalyan Bhattacharjee, S/O Late Dinesh Chandra Bhattacharjee. - Complainant(s)

Versus

1. The Superintendent of Post Office, South Presidency Division. - Opp.Party(s)

30 Jun 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

         C.C. CASE NO. _514_ OF ___2014_

DATE OF FILING : 17.10.2014                                                       DATE OF PASSING JUDGEMENT: _30.6.2015___

Present                                :   President       :  

                                                    Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya                                                   

COMPLAINANT                                 : Sri Kalyan Bhattacharjee,s/o late Dinesh Chandra Bhattacharjee of Gayatri Vihar Apartment, Flat no.202, 411, Garia Garden , Garia, Kol-84

• VERSUS  -

O.P/O.Ps                                      :  1.     The Superintendent of Post Offices, South Presidency Division, Baruipur P.S. Kolkata – 144.

                                                          2.     The Post Master, Baruipur, H.O, South 24-parganas, pin-700 144.

                                                         3.    The post Master, Garia Garden Post Office, P.S Sonarpur, Kol-84.

_____________________________________________________________________________________

                                                                                J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 The complainant is the son of Nisarani Bhattacharjee , the Railway Family Pensioner, who died on 26.10.2007 at the age of 82 years ,leaving behind the complainant and two daughters. Complainant’s mother used to draw family pension from Garia Garden Post Office through S.B Account no.2440748 against P.P.O no. AC/Pen/PC/692/P.O. After publication of report of 6^th Pay Commission, the complainant found that her deceased mother was entitled to revised pension entitlement from 1.1.2006 to 26.10.2007. He informed the post Office of the death of his mother on 5.11.2007 and on 23.1.2008 he filed claim for revised pension entitlement in Form SB-84 as per advice of the postal authority of the Post Office , from where, his mother used to draw her family pension. Necessary investigation and enquiries were made by the Postal Authority on 14.10.2008. The postal authority demanded age proof of the deceased family pensioner. The complainant referred to Government order in this regard which stated that Voter Card or other similar documents would be accepted as proof of age and such documents were filed on 23.1.2008 when the arrear claim was filed. The Postal Authority on  12.1.2012 by a letter informed the complainant that an amount of Rs.21,898.60/- was due to the complainant against his claim. But this amount was not paid to the complainant even on expiry of one year from the date of issue. The complainant noticed that the amount calculated by the postal authority did not include 20% additional benefit to a pensioner aged 80 years and above. When the attention of the O.Ps were drawn by the complainant, 20% additional entitlement was calculated at Rs.15,949/- and postal authority by a letter dated 25.11.2013 released payment of Rs.40,674/- which included original calculated amount of Rs.21,710/- , additional benefit of Rs.15,949/- and interest calculated for the delayed payment. As there was inordinate delay ,the complainant had to suffer and alleging deficiency on the part of the O.Ps , postal authority, the complainant filed the instant complaint claiming further interest @10% p.a. till the date of payment on the amount calculated by the postal authority and also claiming Rs.1 lac as compensation for harassment and mental agony and Rs.10,000/- for litigation cost and other costs.

The O.Ps contested the case by filing composite written version. In the written version the O.Ps challenged inter alia all material allegations against them. They have admitted so far as it appears from the written version that there was a delay in making payment of Rs.21,710/- in accordance with their letter dated 12.1.2012 for the reason that appropriate file was misplaced and by this time the period of validity of one year of sanction was expired. The matter came to their notice only on 23.10.2013 when they received a letter from the Consumer Affairs Department to whom the complainant approached for settlement of his claim. The superior authority at once instructed Baruipur Head Post Office to recalculate the amount as per points raised by the complainant and the Post Master, Baruipur Post Office re-calculated the amount of claim. It was found that 20% additional P.A and medical allowance total amount of Rs.40,674/- (including interest) was payable to the complainant. They requested the complainant to submit fresh claim application vide their letters dated 25.11.2013, 1.11.2014, 20.2.2014 and 29.4.2014  for early settlement of claim in question. But the complainant failed to collect the sanctioned amount. Inspite of non-submission of newly executed claim application and annexure by the complainant, claim was sanctioned on 29.4.2014 and the complainant was duly informed. It appears further from the written version that the O.P was ready to pay the amount with SB rate of interest. It is asserted that the O.Ps have no negligence or deficiency in service in the matter of settling the claim of the complainant and the petition of complaint is liable to be dismissed.

Heard the contentions of the complainant and the Ld. Counsel for the O.P. The complainant has produced some documents to show that he made several correspondences with the postal authorities for early settlement of claim relating to arrears of family pension of his mother. On the other hand, Ld. Counsel for the O.Ps has filed some documents in respect of sanction of arrears of pension and request made to the complainant for drawal of the entitled amount which included interest . According to the BNA filed by the Ld. Counsel for the complainant that complainant reported date of death of his mother on 5.11.2007 and filed claim for pensionary benefit under 6^th Pay Commission on 23.1.2008 in the prescribed form . The postal authority took 9 months for making investigation/verification in this regard and almost after two years granted revised pension amounting to Rs.21,710/- but surprisingly withholding the additional benefit of 20% of the pension payable to the pensioner for exceeding age of 80 years. It is further contended that for such negligent act and deficiency in service ,the complainant was not sanctioned additional benefit @20% of Rs.15,949/- within proper time. Upon requests only on 25.11.2013 an amount of Rs.40,674/- was sanctioned. Thus it took almost three years to make payment of additional benefit amount of Rs.15,949/- on the baseless alibi of misplacement of file. The complainant has drawn our attention to the para 3 and 4 of the evidence of the O.Ps ,wherein it has been placed on record about missing of the file. Finally, the complainant has alleged that the O.Ps with malafide intention took so many years to settle the claim of the complainant and this is the reason for which the complainant has claimed interest at FD rate till payment and compensation and litigation cost for the willful laches and negligence on the part of the O.Ps as there was gross deficiency in rendering services.

The O.Ps also filed written argument on their behalf admitting the entitlement of the complainant, resulting from 6^th Pay Commission so far relating to arrears for the period 1.1.2006 – 26.10.2007 and also admitting non-payment of 20% additional pension initially. It is contended that the O.Ps’ attention was drawn by the letter dated 23.10.2013 on receipt of Consumer Affairs letter dated 10.10.2013 to non-payment of initial sanctioned amount of Rs.21,898/-. The O.Ps have admitted that the file was lost only after issue of sanction dated 12.1.2012 .  It is asserted that the O.P being a statutory authority cannot make any payment of interest beyond the departmental rules. It is alleged that the complainant   has claimed an amount to which he is not legally entitled. He was requested to draw the sanctioned amount by issuing letters dated 25.11.2013 , 1.1.2014, 20.2.2014 but for reasons best known to the complainant, sanctioned amount was not drawn by him earlier.

We have considered rival contention of the complainant as well as the O.Ps.

We have gone through the petition of complaint and evidences adduced by either side.

We have found that O.P postal authority made inordinate delay in finalizing the claim for payment of pensionary benefits arising from the 6^th Pay Commission report of complainant’s deceased mother. The reasons adduced by the O.Ps for the delay are not acceptable. The complainant cannot be allowed to suffer for the loss or misplacement of the relevant file and mistake in calculating the actual entitlement of the complainant. So, we hold that the O.P acted negligently in settling the claim of the complainant and that there was deficiency in service on the part of the O.Ps. The complainant was harassed and had to suffer from mental agony for the inaction or belated actions of the O.Ps and so the complainant is entitled to get compensation as well as the litigation cost .

In deciding the claim of interest at the fixed deposit rates, we see that the complainant inspite of knowing that the pensionary benefits have been recalculated and the payments were ready,  did not take appropriate steps to collect the amount from the O.Ps. So, the O.Ps cannot be burdened with payment of interest at the fixed deposit rates. It may be mentioned in this connection that the postal authorities have agreed to pay interest at SB account interest.

In the light of the findings made as above, the petition of complaint should be allowed in part.

Hence, it is

                                                                                Ordered

That the petition of complaint is allowed in part on contest against the O.Ps .

The O.Ps are directed to pay jointly and/or severally the entitled amount of arrears of pension calculated at Rs.40,674/- along with interest @4% thereon from 24./4.2014 till payment within 30 days from the date of this order by account payee cheque in favour of the complainant.

The O.Ps are further directed to pay jointly and/or severally compensation of Rs.10,000/- and litigation cost of Rs.3000/- by  separate account payee cheques in favour of the complainant within 30 days from the date of this order.

In the circumstances of the case, no other cost is directed to be paid by the O.Ps.

Let a copy of this order be served upon the parties free of cost.

Member                                                                              Member                                                             

Dictated and corrected by me

                                Member

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

                Ordered

That the petition of complaint is allowed in part on contest against the O.Ps .

The O.Ps are directed to pay jointly and/or severally the entitled amount of arrears of pension calculated at Rs.40,674/- along with interest @4% thereon from 24./4.2014 till payment within 30 days from the date of this order by account payee cheque in favour of the complainant.

The O.Ps are further directed to pay jointly and/or severally compensation of Rs.10,000/- and litigation cost of Rs.3000/- by  separate account payee cheques in favour of the complainant within 30 days from the date of this order.

In the circumstances of the case, no other cost is directed to be paid by the O.Ps.

Let a copy of this order be served upon the parties free of cost.

Member                                                                              Member