SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-payment of maturity amount on Postal Life Insurance Policy are the allegations arrayed against Ops.
2. Complaint in a nutshell reveals that Complainant was working as a Postman under Postal Department (Ops) and during his service period obtained a Postal Life Insurance (PLI.) in 09.06.1983 for Rs. 20,000/- vide policy No. BBR/LI-9604-P/83-84 and as per the policy, complainant has to deposit Rs. 66/- per month which is to be deducted from the monthly salary of the complainant as service savings scheme. As per the condition of the policy complainant was paying the monthly premiums regularly up to his retirement, but was deficient of Rs. 3/- as per deposit of first premium on 10.06.1983. It is alleged that though as per the policy condition premium have to paid from 09.06.1983 to 09.06.2010, but when Complaint’s service enhanced for a period of 2 years the Ops without any justification and authority collected the extra monthly premium up to his retirement i.e, upto the year 2012 by paying an excess amount of Rs. 1584/-. It is also alleged that complainant has made several written request to Op No.1 &2 to deduct the amount of Rs. 3 from his salary for sending to Op No.3 and Ops failed to provide the original policy till date inspite of much persuation. The negligent attitude of Ops for non-payment of maturity amount gives financial loss and mental agony to the complainant amounting to Rs. 50,000/-. The final cause of action of the instant case arose on 23.04.2014 when the complainant approached OP No.3 for disbursement of maturity amount and same went unnoticed by the Ops. Hence , the complaint before the Forum with prayer that a direction may be given to Ops to award the maturity amount of PLI along with other financial benefits as well as interest up to date till realization of the amount. It is further prayed that an amount of Rs. 50,000/- be awarded in favour of the complainant for mental agony and cost of litigation.
3. Being noticed Op –Bank appeared through their Ld. Counsel Mr. Md. Nayeem and Associates and filed joint written statement submitting the facts state that complainant Sanatan Mallik who is an extra- departmental employee under Department of Post, Govt. of India availed a Postal Life Insurance Policy(PLI) on 10.06.1983 with a sum assured of Rs. 20,000/-. The monthly premium of Rs. 66/- was deducted from his salary from 7/1983 to 6/2012 till his retirement. The Op-Department accepted the proposal of complainant vide Office Letter No. BBR/LI-9604-P/83-84. It is averred that in the year 1983 the records were manually maintained and the policy bond was issued by Dy. Divisional Manager, Kolkota and the policy bond and policy records are not available with the present Ops as a result, when the complainant applied for maturity amount without submitting the policy bond, original documents of maturity value, the maturity amount could not disburse to the complainant, as at present the disbursement system has to gone through a online Computer system. There is no intentional delay or harassment to the complainant, rather as it is a old year case Ops are taking serious and prompt action in this regard to settle the dispute. It is further averred that the payment of dues is under final stage all the dues along with excess deducted amount will be paid to the complainant. Hence any kind of penality or compensation is not admissible to the complainant.
4. Heard the arguments advanced by ld. Counsels for the parties perused the attested photocopies of letters and documents filed into the dispute by complainant as list of documents. The admitted facts of the dispute are that complainant being employee under OP- Department availed Postal Life Insurance Policy(PLI) on 9/10-06-1983 vide Policy correspondence No- BBR/LI-9604-P/83-84 with a maturity amount of Rs. 20,000/- ( Twenty Thousand). It is also admitted that monthly premium of Rs. 66/- was deducted from the monthly salary of the complainant-employee up to 2012.It is further admitted fact that though as per the policy condition the last installment of monthly premium was completed in the year 09.06.2010 as the service of the complainant enhanced for two(2) years, the Ops deducted extra premium of Rs. 1,584/- for the enhanced period of 2 years.
The written statement of Op-Department reveals and confirms that after retirement of the complainant in the year 2012 and from the inception of the Policy in the Year 1983 the records were maintained manually and policy bond was issued by Dy.Divn. Manager, Kolkota and the Policy bond and policy number records are not available at the office of the present Ops. It is also stated that at present the claim settlement is done through the online Computer software as there was no records regarding existence of policy in the name of the complainant claim was not settled except the deduction of the premium amount. Op –Department in para 5 of the written statement takes the stand that complainant has not made any written correspondence regularly non-receipts of policy-bond rather moved to the Consumer Forum for redressal of his grievances. But on perusal of copies of letters supported by copy of Regd. Postal receipts produced by complainant addressed to Asst. Post Master General(PLI) through proper channel on dtd. 10/02/1989 and dtd. 23/04/2014 are substantiate evidence of proof that complainant has informed the authorities of Op- Department regarding non-availability of Policy and other matters which can’t be over looked rather the complainant has tried his level best to inform the authorities regarding non-receipt of policy bond etc. On the other hand the complaint is filed for non or delayed settlement of maturity amount of the complainant. Now it is crystal clear that complainant could not get his legitmate dues in respect of maturity of policy due to change in the payment procedure in the system and pleas taken by the Ops for reason non-settlement of the claim affects the financial interest and mental agony of the Complainant-Proponent for his no fault. However, in the written statement when Op-Department concedes and admits the reason of delay and ready to pay all the legal entitlements of the complainant-proponent, we do not analyze any more regarding deficiency in service of the Ops.
Accordingly complainant is entitled to received the sum assured of Policy i.e, Rs. 20,000/-(Twenty thousand only) plus bonus and other financial benefits arises out of the said policy up to June-2010 and complainant is also entitled to receive prevailing rate of savings Bank interest from June 2010 to till its date of realization for the delayed period and Ops will return the excess premium amount of Rs.1584/- which was collected from June-2010 to June 2012 with simple rate of interest till its realization. As complainant’s grievances were redressed, On filing of this Consumer complaint a cost of litigation of Rs. 1000/-(Rs. one thousand only) is awarded in favour of the complainant which is to be paid by the Ops.
Having observations reflected above it is directed that on presentation of withdrawal application if any by the complainant before the Ops, the Op-Department will release the ordered amount in favour of the Complainant within one month of receipt of the withdrawal application, falling which 9% interest will be charged for the delayed period.
Complaint is allowed in part with cost.
Pronounced in the open Court, this the 10th Day of February,2017.
