MR. PRABODHA KUMAR DASH, PRESIDENT:-             

                   This C.C.Case No. 2/2021 filed U/S-35 of C.P.Act, 2019. Grievances of Senior Citizen/Complainant is that though he was retired from Postal Department during his service insured under whole Life Assurance Policy subsequently converted to Endowment Policy, the Postal authority deducted excess amount for 55 months and did not paid maturity value, the same inaction is deficiency in service for which Complainant filed one I.A. where in this Commission directed to Ops to pay Rs.1,71,900/- which already paid by Ops but did not paid bonus as per whole life policy & the excess amount deducted from salary so also appropriate interest upto date of payment. Heard Complainant appeared in person and Ld. Counsel for Ops, gone through the averments made by both the parties. Perused the materials available on record.

Brief Fact:-

                     Complainant insured under whole life Assurance Policy during his service being an employee of Ops from dt. 17.08.2007 vide Policy No. OR-190154-P for 12 years. Ops deducted Rs. 555/- from his salary till dt. 31/12/2014 for 89 months. Subsequently the WLAP converted to Endowment Assurance, while deducted monthly premium, wrongly deducted Rs.1954/- instead of Rs.1026/- for 55 months an excess amount of Rs. 51025/-. Further the Ops not given maturity value but surrender value. The Ops not calculated in Endowment Assurance Scheme which was illegal. There was a shortfall of Rs. 17600/- in the bonus payment. The entry age of Complainant at the WLAP also mistaken by Ops. Complainant received Rs. 1,71,900/- on protest & prayed for excess amount already deducted, rest bonus with all the interest & also for mental agony and litigation cost.

Issue No.1

                    The  Complainant is the consumer who availed service of insurance from the ops by payment of consideration of premium monthly, therefore coming under Sec-2(7)(II) of C.P.Act,2019.

Issue No.2 

                     The present complaint petition filed being aggrieved by non-payment of maturity value by Ops. The policy matured in 2019 after 12 years of insured. Non-payment by Ops after maturity continued cause of action against Op till the C.C.Case was filed in 2021, so no question of delay in prescribed period of limitation in other words within the period of limitation.

Issue No.3 

                     Non-settlement of maturity value by Ops are deficiency in service so also unfair contract and unfair trade practice as per the meaning of C.P.Act,2019 well described “Service” means service of any description includes insurance in Sec-2(42) of C.P.Act. “Deficiency” well prescribed in Sec-2(II) where the Ops are in fault and not performed their duties towards the Complainant being am employee and also an insured person delayed the payment of maturity value.

Issue No.4 

                     The Ops deducted Rs. 555/- for 89 months as per the table of WLAP which is 89 x Rs.555/- =Rs. 49,395/-. The whole life assurance of scheme the insured will not get maturity value during his lifetime, the same will be given to his nominee after his death therefore the insured changed the scheme from WLAP to EAP to enjoy the maturity value during living. As per the conversion after 7 years the policy premium could have deducted as per the table under Endowment policy the age was 48 years for each Rs.5000/- there was a premium  fixed Rs. 37/- and sum assured divided into 20 factor then Rs.37/-x20=Rs.740/- and a Rs. 5/-  deduction, Rs. 735/- per months i.e, Rs. 735/- x 144(12 years)= Rs. 1,05,840/-, when before conversion already deducted  89x Rs.555/-= Rs. 49.395/- in 7years, then rest amount of premium Rs. 1,05,840/- - Rs. 49,395/- = Rs. 56,445/- could be deducted divided rest 55 months then 56,445 / 55= Rs. 1026/- in each months till its last payment. The Ops without calculation deducted Rs. 1954/- for 55 months illegally, arbitrarily without basic mathematics knowledge wherein the Ops deducted Rs. 928/- excess in each month till 55 months. The Ops deducted Rs. 928/- x 55= Rs. 51,025/- excess to which the Ops are liable to pay with interest till the date of realization.

Issue No.5 

                     When this Commission gone through the bonus structure in WLAP & EAP both are different as per the notification of Directorate of Postal Life Insurance to a clarification in respect of Post Office Life Insurance Rules-2011 published in dt. 16.04.2012 wherein it was clarified on dt. 13.03.2012 that bonus of EAP will be paid since the commencement of the Policy in case of CWLA( converted whole life Assurance) and in case of WLA Policies bonus attached prior to ordinary conversion will remain unchanged. The Ops paid bonus as per endowment plan 1^st year 70%, 2^nd year 65%, 4^th year 60%, 5^th , 6^th  & 7^th year 58% total 7 years Rs. 42,900/- and after conversion last 5 years 58% total Rs. 29,000/- in toto 7+5=12 years Rs. 71,900/- under sum assured Rs. 1 lakh policy. On the other hand Complainant takes us to the bonus structure of WLA Policy when it was continued from 2007-08 to 2013-14 which was at that time @95% bonus rate per thousand in 2007-08 that is 95x100=Rs. 9500/- in 2008-09 to2013-14 it was@85% it 85x100=Rs.8500/- in each year then for six years it was Rs. 8500/-x6=Rs. 51,000/- from the year 2014-2015 to 2018-2019 is @58% for 5 years, 58x100=Rs. 5800/- for five years, Rs. 5800/-x5=Rs.29000/-. Bonus payable to Complainant is Rs. 9500/-+Rs. 51000/-+Rs. 29000/- = Rs. 89,500/-. The actual bonus under WLAP is Rs. 89,500/- but the Ops  paid only Rs. 71,900/- but did not paid Rs. 17,600/- as per postal -2011 Rule. The Ops in their combined written version page-8 mentioned that they paid admissible bonus for WLA till conversion is quite false & not acceptable to this Commission. The Ops without mathematical calculation giving false written version with affidavit about payment of bonus. This Commission found an amount of Rs 17,600/- additional bonus which the Ops did not paid to Complainant.

Issue No.6 

                     The Ops intentionally kept already paid Rs. 1,71,900/- from date of maturity till its disbursed by order of this Commission, therefore illegally kept Rs. 1,71,900/- from dt. 17.08.2019 to 30.05.2022 on which the complainant entitled to interest at @12% P.A. is Rs. 56,727/-.

Issue No.7

              The Ops without calculating appropriate monthly premiums deducted excess Rs.928/- every months for 55 months is Rs.928/-x55=Rs. 51,025/- from Jan-2015 to July-2019 nearly 55 months for which appropriate interest formula is                   

N X N+1 X Premium amount(928)   =  55 x56x928       =  Rs. 14291/- the Ops liable to pay.

                   200                                          200    

Issue No.8 

                     The Ops liable to provide appropriate interest which they have wrongly deducted in 55 months that from Aug-2019 to today is Rs. 19,900/-.

Issue No.9 

                     The Ops did not paid Rs. 17,600/- bonus amount only paid Rs. 71,900/- instead of Rs. 89,500/- as per 2011 Rule therefore the Complainant entitle to interest for 39months @12% P.A. is Rs. 6864/- only.

                  After receipt of Rs.1,71,900/- the Complainant filed various materials like Table, notification & written submission & also objection to the written version field by the Ops but the Ops did not filed any counter or reply to such contentions of Complainant. This Commission calculated the excess amount deducted appropriate bonus which was not paid and interest accumulated on various heads for prolonged period for which complainant prejudiced & suffered mental agony out of the Ops arbitrary actions till today.

                    In our considered view the complainant entitle to excess amount Rs. 51,025/-bonus not paid Rs. 17,600/-, interest on Rs. 1,71,900/- till dt. 30.05.2022, is Rs. 56727/- interest on excess deduction of Rs. 51,025/- is Rs. 14,291/-, interest on Rs. 51,025/- from Aug-2019 to date of maturity to today  39 months is  Rs. 19,900/- plus interest on non-payment bonus amount Rs. 17,600/- for 39months is Rs. 6864/- in toto Rs. 1,66,407/- which will be variable to date of payment.                                            

                                                                      O R D E R

                     It is directed that the Op No.3(Superintendent of Post, Kendrapara) shall pay Rs. 1,66,407/- as decided on respective issues & additional Rs. 10,000/- as mental agony undergone by Senior citizen throughout the proceeding & also with litigation expenses Rs. 5,000/- within one month from receive of this order, failing which the Op No.3 shall  liable for further interest & legal consequences under Section 72 of the C.P.Act, 2019.

                      Issue extract of the order to the parties for compliance.            

                     Pronounced in the open Court, this the 19th day of December,2022.             

                              I, agree.

                              Sd/-                                        Sd/-

                           MEMBER                             PRESIDENT