Today is fixed for ex parte argument. The O.P files a petition for giving an opportunity.
Hd. Considered. On the previous day the Ld. Lawyer for the O.P is not found present nor any step was taken by the O.P. Moreover, on perusal of the record it is found that every day the O.P filed a petition. Considering such facts and circumstances no sufficient ground is found for vacating the ex parte order. Hence the prayer for reconsidering is rejected. Accordingly the ex parte order is passed.
The fact of the case is that the complainant/petitioner Dayal Ch. Barman purchased a policy under RPLI Scheme by payment of premium and that policy number was WV/8451-C and sum assured was Rs.40,000/- and the date of maturity was 08.12.2015. After maturity of the policy the complainant claimed the matured amount to the concerned authority. But the O.P. No.1i.e Post Master, Islampur post office stated to him that the process is going so there will take time. On 5th January 2016 the complainant deposited the original pass book and all other original documents in connection with the said policy by receiving proper receive. Thereafter in the month of February 2016 the complainant further meet with the O.P.No.1 and enquire about the fact of payment of his claim. At that time the O.P.No.1 inform the complainant that all document already sent to Balurghat Head Office that’s why some time is required. The further case of the complainant is that during the latches of the O.Ps there was delay of payment of maturity amount near about six months. On 08.06.2016 the complainant found that the amount was credited to his account by the O.Ps.
The definite case of the complainant is that due to the latches of the O.Ps the complainant was deprived of getting the interest of the maturity amount for about six months for which he filed a case in this Forum which was registered as C.C. No.60/16. But that case was dismissed for non appearing of the complainant. Thereafter the complainant filed the instant case being No.C.C.48/17. As the maturity amount was paid after lapse of six months, so there was deficiency of service and latches on the part of the O.Ps. For which the O.Ps are liable to pay the compensation. If the amount is deposited in the S.B account the complainant would get interest of the amount but due to the latches of the O.Ps the complainant deprived of getting the interest.
It is to be mentioned that the evidence adduced by the complainant remained unchallenged, so the complainant has been able to prove his case ex parte.
Hence, it is
O r d e r e d
That the case being No.C.C.48/17 be and the same is allowed ex parte against the O.Ps. with cost.
The complainant gets interest at the rate of 5% per annum of the maturity amount for the six months. Beside that he is entitled to get compensation of Rs.5,000/- for mental pain and agony and Rs.2,500/- for litigation cost. The calculation of interest at the rate specified above will be done by the postal authority.
The Superintendent of Post Offices at Balurghat is directed to make an enquiry for whose fault/latches there was delay for making the payment and the Superintendent of Post Offices is at liberty to deduct the amount from the salary of that person for whose latches there was delay for making of payment of the mature amount.
The O.Ps are directed to make payment of the entire amount as ordered above within 45 days from the date of this order failing which it will carry interest at the rate of 5 % per annum from the date of filing of this case. In the case of default of payment the complainant is at liberty to proceed as per provision of law for recovery of amount.
Let a copy of this order be sent to the Superintendent of Post Offices at Balurghat for his information and taking necessary action with intimation to the Forum.
Let a copy of this order be also supplied to the complainant free of cost.
