DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 100/2015
Mr. Krishna Mohan Gopal
S/o Sh. Upendra Mondal
SHQ BSF Khagra Camp,
Kishan Ganj, Bihar,
Through his SPA Holder
Mr. C. M. Gopal
B-1/72, Safdarjung Enclave,
New Delhi-110029 -Complainant
Vs
1. The Chairman/Managing Director
Postal Life Insurance
Directorate of Postal Life Insurance
Chanakyapuri, P.O. Complex,
1st Floor, New Delhi-110021
2. Chief Postmaster General
Delhi Circle, Meghdoot Bhawan,
Link Road, New Delhi-110016 -Opposite Parties
Date of Institution : 12.02.2015
Date of Order : 22.03.2018
Coram:
N.K. Goel, President
Naina Bakshi, Member
O R D E R
Complainant has filed the present complaint for issuing direction to the OPs to pay Rs.1,00,000/-towards the matured policy amount, Rs.50,000/- as compensation towards mental harassment and agony suffered by him, to pay interest @ 18% on the awarded amount from the date of withholding the amount till realization and to pay cost of the litigation.
It is submitted that in the year 1991, a group insurance policy to all the trainees of Border Security Force was provided by the OP and a Postal Endowment Assurance Policy bearing No.MP/59625-CC dated 08.03.1999 for a sum of Rs.1 lac with date of maturity 03.10.2012 was issued. He paid the premium. On 10.05.2013 the complainant deposited the original policy and other documents required for redemption of the policy with the OP and accepted by the Supervisor, Kishanganj Post Office, Bihar-855107. He sent many requests after the maturity of the policy to the OPs to refund the amount as detailed in the complainant and also served legal notice but to no effect.
Hence, the present complaint for the above stated prayers.
OP in the written statement has inter-alia stated that the complainant took PLI policy for a sum of Rs.1 lac at the premium of Rs.635/- per annum from M.P. Circle. He was posted and working in BSF. Whenever he got transferred, his policy was also got transferred. The policy matured on 03.10.12 and the maturity claim application was filed by the complainant on 10.05.13. The file was processed and it was sent to various offices of OP and ultimately confirmation was received from ADM. PLI O/o CPMG, Delhi Circle through e-mail on 20.02.2015 and accordingly, sanction memo for Rs.190659/- in favour of the insurant was put to the competent authority on 20.02.15 which was signed on 03.03.15. As the complainant had desired payment from Kishan Ganj PO, Bihar, copy of the memo was sent to the Bihar Circle for payment. The amount was paid to the complainant on 06.05.2015. Complainant is not entitled to any compensation. It is prayed that the complaint be dismissed.
Complainant has filed a rejoinder wherein he has not denied the fact regarding receipt of Rs.190659/- on 06.05.2015.
Sh. C. M. Gopal, SPA has filed his affidavit in evidence on behalf of the complainant. On the other hand, affidavit of Sh. I. P. Bharatha Laxmi, Assistant Director (Admin) GPA, New Delhi has been filed in evidence on behalf of the OPs.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
It is not in dispute that the complainant had a policy with the OPs and the same was matured on 03.10.12 and the amount was paid to the complainant on 06.05.15 without interest after maturity of the policy.
On 31.01.2018, OP submitted copy of the Post Office Life Insurance Rules, 2011”. On 21.02.2018 OP filed a letter written under the signature of Assistant Director (Admn). Para-2 of the letter is important. The same reads as under:-
2. As per “Rule 52 read with Exception of Post Office Life Insurance Rules, 2011”, an amount of Rs.27963/- as interest/ ex-gratia becomes payable to the Insurant on delay in payment. The said rule is reproduced below:-
“if, however, it is established that the delay in the payment of claims was attributable to administrative delays, ex-gratia payment of interest at the rate of 8% per annum on the unsettled amount of claim shall be paid for the delay more than 30 days from the actual date of receipt of complete claim papers of 30 days from the date of maturity whichever is later, in the case maturity claim.”
Delay in clearing the claim amount in question was certainly on the part of the officials of OPs who took about 2 years (10.05.2013 to 06.05.2015) in processing the claim. This amounts to deficiency in service. It is clear from the above letter that the OPs have not paid the amount of interest from the date of maturity till date to the complainant.
It is clear from the above letter that the OPs are ready to make the payment of an amount of Rs.27,936/- as per rule 52 read with Exception of Post Office Life Insurance Rules, 2011”, as interest/ex-gratia to the complainant for delay in payment but the OPs want the order of this Forum in this regard which is a very strange fact that despite being legally entitled to receive the interest/ ex-gratia the OPs are not ready to pay this amount to the complainant unless and until an order is passed by this Forum in this regard.
Accordingly, we allow the complaint and direct the OPs to pay Rs.27963/- towards ex-gratia payment / interest and Rs.25,000/- towards harassment, mental pain and agony including cost of litigation to the complainant within one month from the date of receipt of copy of this order failing which the OPs shall pay interest @ 6% per annum on the above said amount of Rs.27963/- from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter files be consigned to record room.
Announced on 22.03.18.
