Haryana

Ambala

CC/330/2016

Suresh Pal - Complainant(s)

Versus

Post Master General - Opp.Party(s)

Ashwani Nagra

14 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No. : 330 of 2016

Date of Institution    :  24.08.2016

Date of Decision      :  14.03.2018

 

 

Suresh Pal aged about 60 years son of Shri Ram Singh, resident of Village Kheri, Post Office-Haripur, Tehsil Raipur Rani, District Panchkula(Haryana) Pincode -134204.

 

                                                                                       ……Complainant.

 

Versus

 

1.       Post Master General, GPO, Haryana Circle at Ambala Cantt.

 

2.       Post Master, Post Office-Raipur Rani, District Panchkula.

 

                                                                             ……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member.

                   Ms. Anamika Gupta, Member.

         

Present:       Sh. Virender Kumar, counsel   for complainant.

                   Sh. Dev Batra,  counsel for Ops.

 

 

ORDER

 

Brief facts of the present complaint are that the complainant had purchased the postal life insurance policy bearing No.HY-104948-CS in the year 2005 against premium of Rs. 442.38/- for ten years & value of the policy  is amounting Rs. 50,000/- and maturity value  including Bonus Rs. 81,350/- Accordingly, he started paying his regular instalments which was completed on 29.11.2015. On Ist day of December, 2015 alongwith all the documents including  policy  and post office book of receipts, he approached  the OP No.2 for taking cheque of his maturity amount of the aforesaid policy. The complainant handed over his aforesaid policy in original to the OP No.2 and the Ops asked  him to come again on 05^th December, 2015 for taking cheque. On 05.12.2015 the complainant went to the OP No.2 at which the OP No.2 excused that they have sent the file of the complainant and his cheque of maturity is awaited. The complainant against and again approached to OP No.2  but OP No.2 excused him the cheque was not received from OP No.1. After that, on 12.01.2016, the complainant went to the OP No.1 and requested to release his cheque after showing his identity but the OP No.1 refused to release his cheque to him, and it shall take the same through the OP No.2 through process and the OP shall send the same to the OP No.2. The OP No.1 disclosed to the complainant that the OP No.1 is sending his cheque to the OP No.2 and the complainant was assured to collect his cheque after 10 days from the OP No.2. Accordingly, after 10 days  the complainant again went to the OP No.2 at which  the OP No.2  disclosed  to the complainant that his cheque  has been sent from the OP No.1 but due to clerical mistake, it has been sent to Naraingarh Post Office and after that he had to go to Post Office-Naraingarh and requested the concerned official to send his cheque to the OP No.2 but the official refused  to send  the same to OP No.2 as the said official clearly stated that  the cheque will be sent back to the OP No.1 and it will be again sent back to the office of the OP No.2. In the meanwhile the complainant received a letter No.HY-104948-CS dated 16.02.2016 Disbursement Voucher no.1088632 and he went to the OP No. 2 with receipt and requested to release his amount but OP No.2 stated to him that the payment will be made to him only through cheque to be delivered through the OP No.2 and this letter is just confirmation of maturity of his policy. Thereafter the complainant repeatedly approached the OP No.2 but nothing has been happened as yet. A legal notice served upon to the Ops dated 07.05.2016 which notice has been duly received by the Ops replied to the effect that they have sent the cheque bearing No.198660 dated 12.05.2016 of Rs. 80,900/- but the same has yet not been received by the complainant. Due to the deficiency in service on the part of Ops, the complainant has suffered a huge mental & physical  harassment and finance loss Hence, the  present complaint. 

 

 

2.                     Upon notice, OPs appeared and tendered written statement and submitted that the matter of only for releasing the maturity amount of the Insurance policy, which was matured as on 29.11.2015 which was applied for maturity amount hopefully on 07.12.2015, as application is undated. On 07.12.2015 the policy  was received by O/o Postmaster  Ambala City. After completing entire process the claim settlement/sanctioned letter dated 16.02.2016 was issued to the complainant, as per which  he was advised  to collect the payment of Rs. 80,900/- with copy of SPM, Naraingarh, insured  being having of address of Naraingarh as per policy bond. However, complainant did not turn to the post office concerned. Again cheque no.198660 dated 12.05.2016 for Rs.80,900/- was issued to the SPM concerned & letter qua the same was again issued vide regd post no.268/16 for receiving  the cheque in question from SPM Raipur Rani. But the complainant did not visited the post office & declined to receive the said cheque by producing the sanctioned letter. Matter was reported by SPM Raipur Rani to the office of Senior Suptt. Of Post Offices, Ambala. Surprisingly instead of receiving the cheque  of maturity amount the complainant filed the present complaint in July, 2016. Thus, there is no deficiency on the part of the Ops and prayed for dismissal of the present complaint

3.                     To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-5 and close his evidence. On the other hand, counsel for Ops have also tendered affidavit as Annexure R/X along with documents as annexure R-1 to R-8 and closed their evidence.

4.                     We have heard learned counsel for the parties and carefully gone through the case file. It is not disputed that the complainant had purchased a postal life insurance policy in the year 2005 for period of 10 years on the monthly basis premium i.e Rs. 442.32/- and it is not disputed that the face value of the policy is amounting Rs. 50,000/- and maturity value of the policy including bonus etc Rs. 81,350/-  & complainant has paid  all premium regularly for 10 years. It is proved on the file that the complainant has filed an application for reimbursement of the maturity amount vide application dated 27.12.2015 as Annexure R-1 which was duly received by OP No.1. It is also not disputed that Ops have sent the sanctioned letter to the complainant on 16.02.2016 as per Annexure C-1. In this letter the complainant was directed to collect the amount to Rs. 80,900/- after executing  receipt in lieu of the receiving amount from the concerned Post office but the complainant has not completed the formalities as mentioned in the letter dated 16.02.2016 nor approached to the Sub Post Master, Naraingarh. Ultimately, the OP has sent the cheque to the complainant on 12.05.2016 as per Annexure R-4 but the complainant has refused  to received the cheque and it is proved on the file as per record Annexure R-4 and refusal endorsement is Annexure R-5 dated 23.05.2016. It is further clear that the said cheque has been sent to the complainant on the  address mentioned in the application as Annexure C-1 dated 27.12.2015 as well as on the address mentioned in the policy. During the pendency of this complaint OP has tendered the cheque bearing No. 206145 of amounting of Rs. 80,900 dated 28.11.2016 and same has been received by the complainant under protest on the ground OP has released the payment late and complainant has been harassed.

                        Now, only grouse  remained in this case of the complainant is that he is  entitled  for  interest from the date of maturity till the date of payment actually made by the Ops on 23.12.2016 before the Forum and  the complainant also claimed the legal expenses and harassment.

5.                     On the above said factual position of this case it is clear that the Ops have sanctioned the maturity amount on 16.02.2016 of amounting Rs. 80,900/- and the above said letter was received by the complainant as Annexure C-1 but it is strange that the complainant had not opted to receive the amount after completing the formalities as per letter dated 16.02.2016. The complainant had requested to release the maturity amount vide application Annexure R-1 dated 27.12.2015 and in response thereto the Ops had sanctioned the amount on 16.02.2016 after completing the internal process. The Ops are financial institution duly run under the guidance of the Central Government and in the present case the delay in making the payment by the Ops on which the complainant is stressing hard cannot be termed as wrongful act because the process for making the payment was started immediately after moving the application on 27.12.2015 and the internal process was completed for sanctioning the amount on 16.02.2016 which shows that it took around 48 days in whole process.

6.                     Keeping in view on the above said discussion, we hold that Ops are not negligent to perform their duty and sent the sanctioned letter to the complainant to collect the maturity amount after issuing the receipt as mentioned in the sanctioned letter but complainant has failed to complete the formalities for receiving the sanctioned amount Rs. 80,900/-. Therefore, the complainant has failed to prove his case and Ops have rightly paid the maturity amount. There is no delay on the part of Ops. Hence, the present complaint has no force and it deserves dismissal. Copy of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

Announced on: 14.03.2018

 

 

 

(PUSHPENDER KUMAR)              (ANAMIKA GUPAT)          (D.N. ARORA)

            Mmeber                                    Member                            President