Orissa

Baleshwar

CC/150/2015

Ex-Havildar Jagadananda Pradhan, aged 42 years - Complainant(s)

Versus

Head Post Master, Office of the Head Post Office, Balasore - Opp.Party(s)

Sj. Satya Narayan Mallick & Others

15 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/150/2015
( Date of Filing : 27 Jul 2015 )
 
1. Ex-Havildar Jagadananda Pradhan, aged 42 years
S/o. Shri Binod Behari Pradhan, At- Kaurda, P.O- Belda, P.S- Jaleswarpur, Dist- Balasore-756035. At Present- At- F.M Nagar (Karanjia), P.O- Balasore, P.S- Sadar, Dist- Balasore-756001.
Odisha
...........Complainant(s)
Versus
1. Head Post Master, Office of the Head Post Office, Balasore
P.O/Dist- Balasore-756001.
Odisha
2. Chief Post Master General, Office of the General Post Office, Orissa Circle, Bhubaneswar
P.M.G Square, P.O- Bhubaneswar, Dist- Khurda.
Odisha
3. Director, Central Post Office, New Delhi
New Delhi
New Delhi
4. Pay & Allowance Officer (PAO), Other Rank (OR), Jharkhand
Sikh Regiment, Ramgarh (Cont), Cantonment, Jharkhand-829122.
Jharkhand
5. Additional Director General (APS)
PLI Cell, C/o.56, APO-908716.
6. Deputy Director (APS), Postal Life Insurance
PLI Cell, C/o.56, APO-908716.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 HON'BLE MS. SURAVI SHUR MEMBER
 
For the Complainant:Sj. Satya Narayan Mallick & Others, Advocate
For the Opp. Party:
Dated : 15 Jan 2018
Final Order / Judgement

                         The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Head Post Master, Office of the Head Post Office, Balasore, O.P No.2 is the Chief Post Master General, Office of the General Post Office, Orissa Circle, Bhubaneswar, O.P No.3 is the Director, Central Post Office, New Delhi, O.P No.4 is the Pay & Allowances Officer (PAO), Other Rank (OR), Sikh Regiment, Ramgarh, Jharkhand, O.P No.5 is the Additional Director General (APS), PLI Cell, APO and O.P No.6 is the Deputy Director (APS), Postal Life Insurance (PLI Cell), APO.   

                    2. The case of the Complainant in brief is that the Complainant was an Havildar of Army posted at 157 INF BNTA (SIKH) SIKH Regiment, Ramgarh (Cant), C/o.56, APO of Jharkhand from the year 2004 to 31.01.2014 (date of retirement). During the above said period, the Complainant had taken three nos. of Postal life insurance (in short PLI) policies vide Policy No.(1) APS-738697-L for sum assured Rs.2.00 Lacs (Rupees Two Lacs) only, dtd.19.09.2007, (2) APS-1261409-L for sum assured Rs.3.00 Lacs (Rupees Three Lacs) only, dtd.08.11.2011 and (3) APS-1299642-L for sum assured Rs.5.00 Lacs (Rupees Five Lacs) only, dtd.06.03.2012, monthly premium @ Rs.1,110/- (Rupees one thousand one hundred ten) only, Rs.4,305/- (Rupees four thousand three hundred five) only and Rs.1,975/- (Rupees one thousand nine hundred seventy five) only respectively. The O.Ps have deducted illegally for 3 months extra premium on August, 2010 for the Policy dtd.19.09.2007 and 2 months extra premium for the policy dtd.08.11.2011 without any reason. On retirement, the Complainant intimated to the O.Ps for transfer of his above said policies to Balasore local circle, but the O.Ps did not pay any heed to it, rather had written a letter to the Complainant on 08.10.2014 that “premium of PLI policies had not been received by the O.Ps”. Moreover, the Complainant has not received the passbook for his policy No.APS-738697-L till date. The O.P No.4 to 6 forcibly directed the Complainant to approach Pay and Allowances Officer (in short PAO) to rectify the error with regards to pay any premium for the said PLI policy. Thus, the Complainant enquired personally with the Authority concerned and reported in writing to him for deduction of premium from the salary of the Complainant with a request to do the needful, but in vain. The O.P No.5 vide his letter dtd.27.08.2014 informed the Complainant that policy No.APS-1261409L has been transferred to O.P No.1, but the O.P No.1 denied the same. Thus, the Complainant reported to all O.Ps in the matter through Regd. post, telephonic message and e-mail in the month of May, June and December, 2014, yielding no result. The Complainant has prayed for refund of total premium amount, deposited/ paid by him with interest along with compensation for mental agony and litigation cost.

                    3. Written version filed by the O.P No.1 through his Advocate, where it is submitted that the Complainant Sri Jagadananda Pradhan, Ex-Havildar of 157 Inf Bn (TA) had taken three PLI policies (1) APS-738697-L, dtd.19.09.2007 for sum assured Rs.2.00 Lacs (Rupees Two Lacs) only with monthly premium of Rs.1,110/- (Rupees one thousand one hundred ten) only, (2) APS-1261409-L, dtd.08.11.2011 for sum assured Rs.3.00 Lacs (Rupees Three Lacs) only with monthly premium of Rs.4,305/- (Rupees four thousand three hundred five) only and (3) APS-1299642-L, dtd.06.03.2012 for sum assured Rs.5.00 Lacs (Rupees Five Lacs) only with monthly premium Rs.1,975/- (Rupees one thousand nine hundred seventy five) only, while he was servicing at APS. The mode of payment of premium was through pay recovery, recovered by the PAO (Ors), Sikh Regt., Ramgarh. The Complainant had applied for transfer of the above said policies to the Head Post Office, Balasore under Odisha Postal circle. Accordingly, PLI policies Nos. APS-1261409-L and APS-1299642-L have been transferred to Odisha Postal circle through online vide transfer ID No.866478, dtd.08.08.2014 and ID No.866496, dtd.08.08.2014 respectively. Premium receipt books have also issued to the Complainant for further deposit of the premium through Post Office. But, PLI policy No. APS-738697-L has not been transferred yet due to non-receipt of Disbursing Officer Certificate (DOC) regarding credit of premium for the period from September-2007 TO November-2010 from PAO (Ors), SIKH Regt., Ramgarh. The matter is now under correspondences with PAO (Ors), SIKH Regt., Ramgarh by the Directorate, APS to forward the Disbursing Officer Certificate (DOC) so as to enable to transfer the said PLI policy and premium receipt book will be issued accordingly.

                    4. Though sufficient opportunities are given to the O.Ps No.2,4,5 and 6, but they have not appeared in this case. So, the O.Ps No.2,4,5 and 6 are set ex-parte.  

                    5. The case against O.P No.3 is dismissed.

                    6. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that out of 3 PLI policies, he had paid 3 months extra premium for the Policy dtd.19.09.2007 and 2 months extra premium for the Policy dtd.08.11.2011 without any reason. But, no supporting documents have been filled by the Complainant in support of it. Further, it has been argued that he has not received the passbook of the Policy No.APS-738697-L till yet. He remained silent as to what happened to other 2 passbooks though he received the same. On the other hand, the Advocate for O.P No.1 was absent at the time of hearing of this case and O.Ps No.2,4,5 and 6 are set ex-parte as mentioned earlier. According to the pleading of O.P No.1, PLI policies No.APS-1261409-L and APS-1299642-L have been transferred to Odisha Postal circle through online vide transfer ID No.866478, dtd.08.08.2014 and transfer ID No.866496, dtd.08.08.2014 respectively. But, the other PLI policy No.APS-738697-L has not been transferred yet due to non-receipt of Disbursing Officer certificate regarding credit of premium. So, in this regard, when 2 passbooks were issued and 1 passbook has not been issued, it will be convenient to settle the matter.

                    7. So, now on careful consideration of all the materials available in the case record, I am in the opinion that all the passbooks should be handed over to the Complainant, if not handover till yet by the O.Ps and all the PLI policies should be settled on maturity and on surrender of the Policy before the O.Ps and the O.Ps should pay the due amount to the Complainant after adjusting the excess amount, if paid by the Complainant within 60 days of receipt of this order, which will meet the ends of justice in this case. But, in the peculiar circumstances of the case, no compensation and cost is allowed to the Complainant. Hence, Ordered:-

                                                     O R D E R

                        The Consumer case is allowed in part on contest against O.P No.1 and on ex-parte against O.Ps No.2,4,5 and 6, but in the peculiar circumstances without any cost. The O.Ps No.1 and 2 are directed to hand over all the passbooks to the Complainant, if not handover till yet by the O.Ps and all the PLI policies should be settled on maturity and on surrender of the Policy before the O.Ps and the O.Ps should pay the due amount to the Complainant after adjusting the excess amount, if paid by the Complainant within 60 days of receipt of this order.  

                        Pronounced in the open Forum on this day i.e. the 15th day of January, 2017 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MR. SHANTANU KUMAR DASH]
PRESIDENT
 
[HON'BLE MR. SARAT CHANDRA PANDA]
MEMBER
 
[HON'BLE MS. SURAVI SHUR]
MEMBER

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