Orissa

Malkangiri

CC/82/2019

Kailash Chandra Samantray, - Complainant(s)

Versus

Branch Post Master, - Opp.Party(s)

Self

24 Sep 2021

ORDER

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Complaint Case No. CC/82/2019
( Date of Filing : 30 Nov 2019 )
 
1. Kailash Chandra Samantray,
aged about 57 years, S/O Budhi Samantray, Resident of Baspa Colony, Kalimela, PO/PS. Kalimela, Dist. Malkangiri.
...........Complainant(s)
Versus
1. Branch Post Master,
B.O. PO. Maranpally, PS. Kalimela, Dist. Malkangiri.
2. Post Master,
At/PO. Kalimela, Dist. Malkangiri.
3. Post Master, Jeypore,
At/PO/PS. Jeypore, Dist.Koraput-764001.
4. Sr. Superintendent of Post Office,
Head Post Office, At/PO/PS. Jeypore, Dist. Koraput-764001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Jyoti Ranjan Pujari PRESIDENT
 HON'BLE MR. Rajesh Chodhuri MEMBER
 
PRESENT:
 
Dated : 24 Sep 2021
Final Order / Judgement

 

  1. The brief fact of the case of complainant is that on 29.03.2007, he obtained one life insurance policy from the O.Ps vide policy no. R-OR-BP-EA-73805 for sum assured of Rs. 1,00,000/- with a premium of Rs. 10,115/- for a term of 10 years.  It is submitted that after maturity on March, 2017 he contacted with the O.Ps from March to June, 2017, but the O.Ps though assured to release the maturity value, but not paid. However, on June, 2017 he received a letter from the O.Ps wherein it is stated that the net amount payable is Rs. 1,30,950/- and the same is also paid to him.It is alleged that the above amount was paid on deposit of premium of Rs. 90,000/- whereas he has deposited the entire premium of Rs. 1,00,00/- and the O.Ps has showed less deposit of Rs. 10,000/-.Thus showing deficiency in service, he filed this case claiming for refund of Rs. 10,000/- with 12% @ interest and to pay Rs. 1,00,000/- and Rs. 20,000/- towards compensation and costs of litigation.
  1. The O.Ps have appeared and filed their written version admitting the issuance of the above mentioned insurance policy vide no. R-OR-BP-EA-73805 for sum assured of Rs. 1,00,000/- with a premium of Rs. 10,115/- for a term of 10 years, in favour of the complainant and also admitted that an amount of Rs. 1,30,000/- was paid to the complainant vide voucher no.  1852411 dated 01.06.2017, but have denied the other allegations contending that they have the paid the matured value of Rs. 1,30,950/- as per rules on deposit of Rs. 90,000/- and submitted that the short amount of Rs. 10,115/- with interest will be paid as soon as it is established that the deposit of Rs. 10,155/- dated 28.03.2015 has properly taken into the post office account.  And with other contentions showing their no deficiency, they prayed to dismiss the case.
  1. Complainant has filed 10 nos. of premium deposit receipts including disputed amount showing deposit of Rs. 10,155/- dated 28.03.2015. Whereas the OPs have filed only the payment details.
  1. From the documents it is ascertained that on 29.03.2007, complainant obtained one life insurance policy from the O.Ps vide policy no. R-OR-BP-EA-73805 for sum assured of Rs. 1,00,000/- with a premium of Rs. 10,115/- for a term of 10 years. 

    The allegations of complainant is that after maturity on March, 2017 while he contacted with the O.Ps, the O.Ps vide their letter no. R-OR-BF-EA-73805 dated 01.06.2017 stated that the net amount payable is Rs. 1,30,950/- on the basis of total deposit of Rs. 90,000/-, whereas the O.P have contended that they have received only Rs. 90,000/- in total instead of Rs. 10,155/- for ten years and accordingly, they paid Rs. 1,30,950/- in total and also contended that since the disputed amount of Rs. 10,155/- for the period of March, 2015 is not available as such after confirmation, they will pay Rs. 10,155/- alongwith its interest. Thus showing their no deficiency they prayed to dismiss the case.

    In this regard, we have verified all the documents filed by the complainant and ascertained that the complainant has deposited an amount of Rs. 10,155/- on dated 28.03.2015, which is disputed by the O.Ps, vide their receipt no.31 book no. 29530, which is clearly evident from the said receipt issued by the O.P.Hence it cannot be disbelievable that the O.Ps have not received such amount from the complainant. Hence we think, the O.Ps have not gone through the documents / receipts properly and submitted only a baseless and imaginary story before us. And in our view, the O.Ps, prior to filing their counter / submissions, they were supposed to go through their own receipts and without going through such documents, the plea taken by the O.Ps is nothing but only to mislead this Commission.

    Further it is ascertained that in the last line of the para no. 4 of their counter, the O.Ps have clearly admitted that as soon as it is established that regarding the deposit of Rs. 10,155/- they will release the said amount alongwith applicable interest thereon.In our view, prior to submit such type of submissions, the O.Ps were supposed to verify the entire documents filed by the complainant and to take immediate steps towards release of Rs. 10,155/- with applicable interest.But without doing so, they placed a matter just like a throwing stone in dark, before us.And being the authorities under Central Govt., they should not do like this type of error, which is only wasting of time, and is a grave deficiency in service on the part of the O.Ps.Further the O.P. No.4, who is the immediate higher authority of all the rest O.Ps, should submit his view after proper verification and enquiry at their subordinate level, but without doing so, he submit the views in a very casual manner, which is very indecent.
  1. From the above discussions, we think the amount of Rs. 10,155/- either might have not entered in their record properly or might have misappropriated at the grass root level, which is highly a matter of concerned for enquiry at the early stage.  For such inactiveness, the complainant must have suffered mental agony, sustained financial loss and physical harassment, which compelled him to seek redress before us incurring some expenses.  Hence this order.

                                                                                                       ORDER

        The complaint petition is allowed in part.  The O.Ps are herewith directed to pay the unpaid amount of Rs. 10,155/- with their applicable rate of interest from the date of 28.03.2015 till the date of this order and also to pay Rs. 5,000/- towards compensation for causing mental agony and financial loss and Rs. 2,000/- towards cost of litigation.  All the directions should be complied within 30 days from the date of receipt of this order, failing which, the disputed amount of Rs. 10,155/- shall carry interest @ 12% p.a. from 28.03.2015 till payment.

        Pronounced in the open Court on this the 24th day of September, 2021.  Issue free copy to the parties concerned/

 
 
[HON'BLE MR. Jyoti Ranjan Pujari]
PRESIDENT
 
 
[HON'BLE MR. Rajesh Chodhuri]
MEMBER
 

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