STATE CONSUMER DISPUTE REDRESSAL COMMISSION

BIHAR, PATNA

Appeal No. 184 of 2018

1.  Chief Postmaster General Bihar Circle, Patna

2.  Postmaster, General, Muzaffarpur

3.  Superintendent of Post offices, Purnea

4.  Postmaster, Jamua, Post Office at Araria

                                                                                                                                                          … Appellants

Versus

Mahangu Mandal, Son of Late Kangali Mandal, Resident of Village- Samgara, PO- Jamua, PS- Tarabari, District- Araria

                                                                                                                                                          …. Respondent

Counsel for the appellant: Adv. Sudhir Kumar Tiwary

Counsel for the respondent: Adv. Madhav Jha

Dated 09.02.2023

As per: Hon’ble Mr. Justice Sanjay Kumar, President.

O r d e r

Present appeal has been filed by the Postal department for setting aside the order dated 23.03.2018 passed by District Consumer Disputes Redressal Forum, Araria in Consumer Case no. 05 of 2017 whereby and whereunder the District Consumer Forum has allowed the complaint case and directed appellant-postal department to pay insured amount of Rs. 50,000/- and Rs. 25,000/- for physical and mental harassment within 30 days with interest @10% p.a failing which interest @15% shall become payable.

          Briefly stated the facts of the case is that complainant Mahangu Mandal had taken a Rural Postal Life Insurance policy in the name of his wife Late Ramini Devi for Rs. 50,000/- in August, 2003. Soon thereafter, his wife expired in Oct, 2003 and complainant submitted claim form before the postal department for payment of sum assured amount but the claim amount was not paid to the complainant and as such he filed a complaint case being complaint case no. 05 of 2017 for payment of sum assured amount of Rs. 50,000/- and compensation of Rs. 25,000/- for physical and mental harassment with interest.

          Written statement was filed on behalf of Postal Department in which it was admitted that the sum assured amount under the policy was not paid to the complainant. Insured died in Oct, 2003 and thereafter, complainant submitted claim form in the concerned post office but assured amount was not paid.

          It was further stated by the District Superintendent, Purnea Division that the claim form of complainant was sent by office of Postal superintendent Purnea by letter dated 14.10.2005 to the office of Post Master General, Muzaffarpur. However, in the year 2015 present claim along with other claim were returned back to the office of postal superintendent, Purnea to settle all the claims upto Rs. 50,000/- except claim cases in which insured died within three years as such present claim was again sent to the office PMG, Muzaffarpur for its approval on 27.01.2017. Office of PMG telephonically informed that claim will be approved within 15 days.

          The District Consumer Forum held that even after submitting of claim form in 2003, sum assured amount was not paid for more than 14 years as such it is a case of gross deficiency in service.

          The Ld. District Consumer Forum ordered that sum assured amount of Rs. 50,000/- under the policy had become payable but same was not paid even after more than 14 years and directed postal department to pay the sum assured amount within 30 days along with Rs. 25,000/- as compensation for physical and mental harassment from the date of receipt of order passed by the District Consumer Forum with interest @10% per annum from the date of submitting the claim form by the complainant till its payment.

The Ld. Forum further ordered that incase sum assured amount along with compensation amount i.e Rs. 75,000/- with interest is not paid within 30 days, postal department shall be liable to pay interest @15% per annum.

Fresh grounds are being raised in this appeal by the postal department which were not raised before the District Consumer Forum, as such same can not be permitted to be raised in appeal. However, complainant has not given any explanation for approaching the Consumer Forum after delay of 14 years when the claim form for payment of sum assured amount was filed in 2003 itself. Postal department has not taken any plea that the complaint case was time barred as such no finding was recorded by the District Consumer Forum on this issue. In appeal also postal department has not brought to the notice of this Commission any valid and genuine ground for not paying the sum assured amount. The plea taken in this appeal is also flimsy and after thought which were not taken before District Consumer Forum.

For reasons as stated above, this court does not find any error or infirmity in the order passed by the District Consumer Forum, Araria accordingly, the appeal is dismissed. However, the rate of interest is reduced to 8% per annum payable from 3 years prior to the date of filing of claim case in the District Consumer Forum,  till the date of payment.

(Ram Prawesh Das)                                                                         (Sanjay Kumar,J)

       Member                                                                                             President

Md. Fariduzzama