The instant case was started on the basis of an application filed by one Smt. Mira Saha and Sri Manish Saha a minor son represented by his natural guardian and mother Smt. Mira Saha u/s 12 of the Consumer Protection Act, 1986 and the same petition was registered before this Forum as Consumer Case No. 52/2016

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the husband of the Complainant No.1 and the father of complainant No.2 Santosh Kr. Saha purchased one Rural Postal Life Insurance Policy bearing No. R-WB-SG-EA-63205 dt. 20/11/2005 from the O.P. No.1. The sum assured of the policy was Rs. 1,00,000(Rupees One Lakh  Only) but unfortunately on 25/08/2009 the said Santosh Kr. Saha died. After the death of Santosh Kr. Saha the complainants submitted all required papers and filled up the claim form to the office of O.P. No.1.

Smt. Mira Saha, Complainant No.1 requested the O.P. No.1 to give an acknowledgement against the submission of the documents for the realization of the amount but the department did not issue such receipt nor disburse the amount within a week to the complainant. Thereafter, the O.Ps asked the complainant to supply succession certificate to prove their legal status. Thereafter the complainant after obtaining the succession certificate from the competent Authority filed the same to the O.Ps on 03.06.2015. Even after submission of the succession certificate the claim of the complainant was not fulfilled as such finding no other alternative the complainant has come to this Forum with a relief as prayed for.   

 The petition has been contested by the O.P. Nos. 1 and 2 denying all the material allegations as leveled against the O.Ps. The definite defense case is that the complainant did not submit the prescribed form claiming the amount. The further defense case is that one succession certificate was received by the O.Ps on 08/06/2015 but no such prescribed claim form duly filled up by the complainant has been received on an before 01/08/2017.

The further case is that one Rajendra Kumar Saha was the nominee of the said policy. There was a claim on behalf of the complainant, this is why the amount was not disbursed and the same was kept hold. The complainant submitted the prescribed claim application form No.1 along with the necessary documents on 01/08/2017 and the said claim has been sanctioned after due verification by the department.

The further defense case is that as per rule the claim is to be sanctioned in favour of the nominee but on receipt of objection from the complainant claiming herself W/O. Late Santosh Kr. Saha the claim was not sanctioned and not paid to the nominee. So there was no question of deficiency of service. In such circumstances, the complainant is not entitled to any compensation.

In order to prove the case the complainant Mira Saha was examined as P.W.-1 and cross-examined on the other hand one Naveen Kumar was examined as O.P.W-1 and cross-examined.

The complainant filed the documents in xerox copy.

Now the point for determination whether the complainant is entitled to get any relief as prayed for?                              

::DECISION WITH REASONS::

It is not in dispute that Late Santosh Kr. Saha the husband of complainant No.1 and the father of Complainant No.2 purchased one Rural Postal Life Insurance Policy from the Samsi Post Office in the year 2005. The sum assured was Rs.1,00,000/-(Rupees One Lakh Only). The O.P. did not raise any objection as to the point. So there is no doubt to hold that the deceased Santosh Kr. Saha purchased one Rural Postal Life Insurance Policy from the Samsi Post Office. Now dispute comes for consideration whether the complainants claimed the amount in prescribed form along with necessary documents or not and in the policy who was the nominee. On perusal of the record it is found that one Rajendra Kumar Saha was the nominee of the said policy who happens to be the brother of the deceased Santosh Kr. Saha.

According to the rule the amount is to be paid to the nominee unless there is a rival claim as there is a rival claim from the part of the complainants this is why succession certificate is required and the complainant filed the said succession certificate. On perusal of the record it is found that succession certificate was received by the Malda Postal Department on 01/08/2017 but the prescribed Application Form No. -1 was not submitted. This is why the amount was not disbursed. The documents was received after filing of this case, as such there was no deficiency of the service on the part of the O.P. On perusal of the xerox copy of the succession certificate it is found that the complainants are the legal heirs of deceased Santosh Kr. Saha as such they are entitled to get the sum assured of Rs. 1,00,000(Rupees One Lakh Only). Now the question comes whether the complainant is entitled to get an amount of compensation on the ground of mental pain and agony as it was found that there was no deficiency of service on the part of O.P., Postal Department as such the complainant is not entitled to get any compensation on the ground of mental pain and agony as the prescribed filled up form along with the succession certificate was received on 01/08/2017. If the amount was paid by the postal department after receiving the prescribed form along with a succession certificate the case came to an end after receiving the prescribed form and succession certificate but that amount has not been paid. This is why the complainants was compelled to prosecute the case as such they are entitled to get a litigation cost. In opinion of this Forum Rs. 7,500/-( Rupees Seven Thousand Five Hundred Only) will be just and proper for the litigation cost.

So considering the facts and circumstances the instant case is required to be allowed.

C.F. paid is correct.

Hence, ordered that

that the case be and the same is allowed on contest with cost.

The complainants do get an order for getting Rs.1,00,000/-(Rupees One Lakh Only) from the O.Ps. The O.Ps are directed to issue an account payee cheques in the name of Complainant Nos. 1 and 2 within 30 days from the date of  order failing which it will carry interest @ Rs.5% p.a. from the date of filing of this case. The claimants are entitled to get a litigation cost of Rs.7,500/-(Rupees Seven  Thousand Five Hundred Only). The litigation cost is also to be paid within one month  from the date of order failing which it will carry interest @ Rs. 5% p.a. from the date of filing of the case i.e. 22/08/2016.      

Let a copy of this order be given to each of the parties free of cost with proper application.