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, B.L., LADY MEMBER
SRI M.V.R. SHARMA, MEMBER.
Thursday, 26th March 2015
CONSUMER COMPLAINT No. 89/ 2014
K. Kullayappa, S/o Sanjeevaiah,
aged 52 years, Hindu, D.No. 1/1279,
Buggaroad, Yerramukkapalli,
Cuddapah – 516 004. ….. Complainant.
Vs.
1. The Divisional Manager (PLI),
O/o Chief Post Master General, Abids,
Hyderabad – 500 001.
2. The Head Post Master, Head Post Office,
Near Municipal Office, Proddatur – 516 360, Cuddapah Dist.
3. The Sub post master, Subpost office, Kota Street,
Jammalamadugu – 516 434, Cuddapah Dist. ….. Respondents.
This complaint coming on this day for final hearing on 18-3-2015 in the presence of complainant as in person 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 the C.P. Act 1986.
2. The brief facts of the complaint are as follows:- The complainant filed this complaint for delay in payment of sanctioned surrender value on postal life insurance policy. The complainant submits that, he was working postal department since 30 years. While working in post office at jammalamadugu he suspended from duty on 10-5-2013 on the alleged frauds taken place during the period from 2007 to 2010 in college road post office. Since his suspension residing in Kadapa for the sake of immediate medical help whenever required as he undergone major open heart surgery in 2012.
3. While the complainant had taken Postal Life Insurance Endowment policy on 29-3-2010 for Rs. 5,00,000/- bearing No. AP – 405963 – P and Rs. 2573/- was being recovered from his salary and subsistence allowances towards monthly premium till surrender of policy. The general rules applies to L.I.C polies apply mutatis and mutandis to P.L.I policies also.
4. The complainant submits that since prolonged suspension facing financial difficulties to make both ends to meet for getting daily bread to family and to incur regular medical expenses to him. The complainant surrender his PLI policy in first week of May 2014 to R1 through R3 and R2 respectively praying for immediate disbursement of surrender value to get post-surgical treatment as some severe pain developed in chest. The R1 sanctioned the surrender value of Rs. 37,595/- on 6-6-2014 and issued direction to R2 accordingly to make payment through R3 and endorsed copy with a direction to surrender the order copy while payment vide order (annexure – 1) copy received on 11-6-2014.
5. The complainant submits that on receipt of sanctioned order personally called on R2 and prayed to arrange disbursement but he refused without furnishing any reasons. The complainant reported the irregularity to the sanctioned authority on 21-7-2014 vide annexure – 2 but no action. On 20-11-2014 again complained to the sanction authority endorsing copy to R2 vide annexure – 3. On 1-12-2014 the R3 phoned the complainant to take payment of surrender value on surrender of order copy as a cheque is received from R2. On 2-12-2014 the complainant called R3 but refused to deliver the cheque. Eve, if the complainant prayed for the reasons for non payment and the complainant is very reluctant. Since august 2014 the complainant not drown subsistence allowance with a plea that he is not residing in Jammalmadugu. The complainant need money for timely medical treatment urgently otherwise the complainant lose hope on his life. Nonpayment of surrender value of PLI caused damages to his health and he has no other way except to file a complaint to the Hon’ble forum.
6. Therefore, the complainant prayed that the Hon’ble forum may be pleased to direct the respondents that (a) to pay sanctioned amount of Rs. 37,595/- (b) to pay a sum of Rs. 1,00,000/- for mental agony and deficiency of service on the part of the respondents in denying payment and (c) to pay a sum of Rs. 1,000/- towards cost of complaint and order such other relief or reliefs as the Hon’ble from deems fit and proper under the circumstances of the case in the interest of justice.
7. The respondent No. 2 filed counter and the same was adopted by Respondents 1 & 3.
8. The petition filed by the complainant is neither just nor maintainable either in law or on facts of the case. The petitioner is strictly proved of all allegations except those which are admitted by this respondent.
9. It is true that the complainant was worked as Postal Assistant, and he suspended alleged mis-appropriated a sum of Rs. 4,59,57,044/- at college road and Gandhi Road Post Offices, Proddatur. He was placed under suspension on 105-2013, while so he is working as Sub – Post Master, jammalamadugu post Office and the same case is pending before CBI Authorities, Hyderabad. Since, he left Jammalamadugu without information to appointing authority and letters addressed to him were returned since his where about are not known. Hence, it is not known where he is residing at present.
10. The complainant has taken postal life insurance Endowment policy on 29-3-2010 for Rs. 5,00,000/- bearing No. AP – 405963 – P and Rs. 2,575/- was recovered from the salary and subsistence allowance as requested by the complainant PLI Rules will apply to this policy. The complainant has surrendered the PLI policy on 23-4-2014 for surrender value. The R1 has sanctioned an amount of Rs. 37,595/- on 6-6-2014 and issued direction to the R2 to make payment and copy marked to the complainant.
11. It is submitted that the CBI authorities have given directions in letter number RC. 09(A)/2014/CBI/Hyd, dt. 1-12-2014, that all deposits / PLIs relating to the complainant may be seized immediately and relevant documents may be furnished to CBI confirming the seizing of the accounts. As per the direction of CBI authorities, the original sanction memo of PLI policy bearing No. AP – 405963 – P an amount of Rs. 37,595/- was seized and submitted to CBI authorities vide Lr. No. F.IV/2/2013-14 9 (A) on 18-1-2014. The Dist. Collector Kadapa directed the department to seize the properties of the complainant and his family members to recover the loss caused to the government of Indian under RR Act. Under there circumstance, as per the CBI directions and as per the direction of superintendent of Post Offices, Proddatur division, the amount of PLI surrender was seized and submitted to CBI authorities to recover the loss caused to Government of India. Since the departmental officers have to follows the CBI directions, the R2 and R3 could not pay the amount to the complainant. Regarding subsistence allowance, since he left the headquarters without prior permission of appointing authority, subsistence allowance was stopped as per CCS (CCA) Rules 1965. Therefore, prayed that the Hon’b le forum be pleased to dismiss the complaint against the respondents in the interest of justice.
12. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
- Whether there is negligence or deficiency of service on the part of the Respondents or not?
- To what relief?
13. On behalf of complainant Exs. A1 to A3 were marked and on behalf of respondents Exs. B1 to B4 were marked.
14. Point Nos. 1 & 2. As per Ex. A1 the amount payable to the complainant under surrender value is Rs. 37,595/- . Exs. A2 and A3 are the letters addressed by the complainant. The complainant, himself stated in the complaint that he was suspended from the duty on 10-5-2013 on some alleged frauds. As per Ex. B1 it is confirmed that the complainant had defrauded amounts in various forms. As per Ex. B1, dt. 01-1-2014 all the deposits PLIs of the complainant may be freezed immediately and relevant documents may be furnished to the CBI i.e. letter from CBI Anti-corruption branch, Hyderabad. Exs. B2, B3 & B4 supports the version of the respondents. The CBI enquiry is pending on the defrauded amounts by the complainant and all his accounts were freezed by the directions of CBI Hyderabad. So the complainant is not eligible as prayed by him and there is no deficiency of service on the part of the respondents.
15. Point No. 3 In the result, the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 26th March 2015.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of surrender value order issued by the R1 on 6-6-2014.
Ex. A2 P/c of representation issued to the Post Master, Head Post Office, Proddatur, dt. 21-7-2014.
Ex. A3 P/c of representation issued to the R1 i.e. the divisional Manager (PLI), Chief Post Master General, Hyderabad and copy to C.H. Kandulaiah, Post Master, Proddatur for information, dt. 21-11-2014.
Exhibits marked on behalf of the Respondents : -
Ex. B1 P/c of letter No. RC 09(A)/2014/CBI/Hyd/4624, dt. 01-12-2014 issued by Central Bureau of Investigation.
Ex. B2 P/c of letter No. Inv./CC No. 89/2014, dt. 24-4-2015 Proddatur issued by Department of Posts, India, Superintendent of post office, Proddatur.
Ex. B3 P/c of letter Ref. No. D1/763/2013, dt. 3-12-2013 issued by District Collector to the District Registrar, Kadapa sub-Registrar, Proddatur, Joint sub-registrar, Kadapa and Joint Sub-registrar, Proddatur.
Ex. B4 P/c of plaint copy in O.S.No. 101/2013 on the file of Hon’ble Principal District Judge, Kadapa.
MEMBER MEMBER PRESIDENT
Copy to :-
- K. Kullayappa, S/o Sanjeevaiah, aged 52 years, Hindu, D.No. 1/1279, Buggaroad, Yerramukkapalli, Cuddapah – 516 004
- Sri P. Subramanyam, Govt. Pleader for Respondents.
B.V.P.
