MR. PRABODHA KUMAR DASH, PRESIDENT:-
This C.C.Case No. 65/2018 is taken up today for order. Perused the materials/documents available on record carefully. Heard the Ld. Counsels from both the parties, and gone through the documents exhibited.
Brief Fact:-
That the Complainant purchased on dt. 28.11.2004 LIC Policy No. 585699367 sum assured Rs. 55,000/-, installment @3580/- yearly maturity date 28.11.2024, wherein the insured Complainant will get 20% of the sum assured in 5 years in Money Back Policy and the Complainant paying installment regularly. The 2nd money back amount paid by the Op No.1 to the Complainant by a cheque vide No. 0309180 Rs.11000/- by Regd. Letter No. 608564579 in Complainant’s address. Grievance of the Complainant is Op No.4, whose name is Rabindra Mandal aged 55yrs, S/o- Bankesh Mandal, At- Rajendranagar, Po- Talchua, Ps-Marine, Dist- Kendrapara practicing fraud upon the Talchua Post Office illegally and unauthorizedly received the Regd. Letter containing the Complainant’s Cheque and encashed the same successfully, taking advantages of similar name & address with that of the Complainant. Being affected by the same financial loss the Complainant approached Op No.2, Post Master, Talchua and Op No.4 to make return of the cheque amount illegally delivered by Op No.2 to Op No.4,who encashed and misappropriated the same and so also Op No.1 in several times.
Being aggrieved by the inaction and deficiency in service in part on the Ops, the Complainant having no other alternative remedy available to him has compelled to file this C.C.Case before this Commission and sought for the relief.
Ld. Counsel for the Complainant contended that, the Op No.2, Post Master, Talchua admitted the fact & reported the same to the I.I.C, Marine Police Station, Talchua that, Op No.4 practicing fraud & taken the R.L. No. 608564579 illegally & criminal action shall be taken against him and Xerox copy of the same submitted before us. The version of OP No.3 agent also admitted the fact and given a written letter of such illegal misappropriation by OpNo.4 to Police, Postal Authority and also LIC as exhibited.
It is revealed by the submission of Op No.2 & 3 that, the Op No.4 has two LIC Policies and all are in lapsed condition and he has nothing to receive from the LIC during that period. This Commission came to the conclusion that, the Complainant is a consumer within the perview of C.P.Act, 2019 and Op No.2 Post Master, Talchua has opportunity to look into the genuineness of the addressee which could have been avoided and performed rightly. Moreso, the Op No.2 failed to perform his duty as per law, and non-performances of such duty is deficiency within the spirit of Sec-2(ii) of C.P.Act,2019 and so also the OpNo.2 shall compensate equally to the Complainant due to the damage/loss caused to the Complainant by act of OP No.2.
O R D E R
The OpNo.2 is directed to pay the said amount of Rs. 11,000/- from 20.11.2014 date of issue of money back cheque with @ 6% P.A. till today with Rs.5,000/- cost for mental agony and Rs. 2,000/- for litigation cost within a period of one month, failing which Op No.2 is liable to pay@9% till its realization.
The Op No.2 is at liberty to realize the same amount from the OP No.4 by availing all the legal remedies available as per law. The complaint case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Court, on this the 12th day of September,2022.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
