DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 21^st day of July 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                Date of filing:  20/11/2017

              : Sri.V.P.Anantha Narayanan, Member

CC/166/2017

Shri.P.N.Gopalakrishnan,

S/o Neelakantan,

Udumbanattu Mana,

Aadhithya Nagar, Pudupariyaram,                                       -  Complainant

Palakkad.

(By party in person)

                                                          Vs

1. Senior Superintendent,

Palakkad Head Post Office,

2. Sub Post Officer,

Pudupariyaram Post Office – 678 7131.- Opposite parties

                                                          O R D E R

By Smt.Suma.K.P. Member

          The complainant had insured his life under postal life insurance scheme with endowment assurance policy No.KL-7070933-CS for a sum assured of Rs.1,00,000/- on 13.03.2008.  The maturity date of the same was on 13.03.2017.  The contention of the complainant is that the policy document was not issued to him.  At the time of maturity the complainant entrusted his policy passbook to the 2^nd opposite party, for obtaining the maturity value but he was informed that without the policy document the amount will not be released to him.  Hence he had filed a written complaint to the Post Master General, Thiruvananthapuram on 02.02.2017 but there was no response from the concerned office.  Hence he had enquired about the same on 18^th February 2017 at the Post Master General’s Office at Thiruvananthapuram.  He was asked to submit a bond in a hundred rupee stamp paper.  They also informed him that the said office does not handle any of these issues and all complaints are dealt within the District Head Post Office.  Accordingly he contacted the Head Post Office at Palakkad and also the post offices at Olavakkode and Pudupariyaram regarding this issue and as per the directions of the Olavakode Post Office he submitted the stamp paper bond along with premium receipt book, maturity applications and salary certificates of the security and all other relevant documents on 28.04.2017 before the 2^nd opposite party.  He had also submitted that the employees of Postal Life Insurance Department at Olavakode Post Office misbehave towards him.  He further submits that there was no intimation from the opposite party’s with regard to the amount that will be received and at what time he would receive it.  At the time of availing the policy he was informed that 70% bonus along with the agency commission will be paid at the time of maturity which will amount upto Rs.2,00,000/-.  In the policy pass book issued to him it is mentioned that the date of maturity will be intimated before 6 months and the amount will be paid just after the maturity but he had not received any intimation regarding it.  If such an intimation was received, he would have taken necessary steps much earlier so that, he could have received the amount soon after the maturity.  It is also stated in the passbook that if the policy holder defaulted in payment of premium 8% interest will be charged from him.  But the authorities had not paid the maturity amount to the complainant even after the expiry of 7 months nor any intimation has been sent on that aspect.  On 23.09.2017 he had filed a written complaint to the Superintendent of Head Post Office regarding the delay in paying the maturity amount.  But there was no response from the said office.  When he enquired about the said notice they intimated that the amount will be paid soon.  Since he had not received the amount he had approached before this Forum for the redressal of his grievance along with compensation and cost. 

          Opposite party entered appearance upon notice from the Forum and filed version stating the following.  It is admitted that complaint insured his life under Postal Life Insurance Scheme with Endowment Assurance Policy No.KL-70933-CS for sum assured Rs.1,00,000/- on 13.03.2009.  The maturity date of the same was on 13.03.2017.  As per the terms of contract of the PLI scheme, the proposer named as the “insured” in the schedule of policy document has deposited with a proposal and declaration for endowment assurance on his own life mentioned in said schedule has agreed that the said proposal and declaration signed by him shall be the basis of contract for such insurance with the President of India.  President of India shall be subjected and liable to pay the sum mentioned in policy document together with the bonus, if any declared by President of India to the insured or his assignees as early as possible after the insured has attained the age specified in the said policy document as if he/she shall die without receiving payment unto the execution.  When the complainant approached Pudupariyaram Post Office for the first time to submit the claim application for the Postal Life Insurance, the Policy Bond was not submitted.  His contention that the policy document was not issued to him till 28-01-2017 is not at all true to the facts and hence denied.  The relevant policy document was sent to him on 18.03.2008.  However, Sub Postmaster, Pudupariyaram advised him about the procedure for obtaining duplicate policy document.  In the absence of original policy document, the maturity claim could have been sanctioned only on issue of the duplicate policy document.   So as to obtained a duplicate policy document complainant was adviced to execute an indemnity bond in non judicial stamp paper worth Rs.100/- with salary slip of two surety’s.  It was submitted at Pudupariyaram Post Office on 28.04.2017.  Before issue of duplicate policy document the solvency of the surety have to be verified.  The Superintendent of Ottapalam Postal Division reported that the verification could not be done with salary slip alone, and wanted salary certificate issued by competent authority.   The salary certificate along with indemnity bond was sent to Ottapalam Postal Division for verification on 14.09.2017.  The solvency got verified and received only 16.10.2017 and it was furher forwarded to CPC, Olavakode, HPO on 19.10.2017.  Then the maturity claim was processed at CPC, Olavakode on 09.11.2017 and the maturity proceedings for Rs.1,54,500/- by cheque number 121843 dated.13.11.2017 was forwarded to the Post Master, Pudupariyaram for delivery to the complainant.  He immediately informed the complainant regarding the arrival of maturity value and requested to collect the same from Pudupariyaram Sub Post Office but, the complainant informed that he is refusing the cheque as there was a huge delay and he wanted interest for the delay.  Hence the cheque was return to Post Master, Olavakode Head Post Office.  The cheque was again sent to the complainant through registered letter on 23.11.2017 but the cheque was returned to the Post Master, Olavakode, HPO as “unclaimed” on 01.12.2017.  The opposite party contended that it was only because of non submission of policy document, a lengthy procedure had to be undergone.  The delay happened solely due to the reasons beyond the control of opposite parties and there was no willful deficiency of service.  The policy document was correctly sent to the complainant on 18.03.2008.  No complaint has been raised by the complainant alleging non receipt of the policy document till he approached the Sub Post Master, Pudupariyaram in March 2017.  In fact the opposite parties have rendered all help to him to get the maturity value of the policy by issuing a duplicate policy but, the prescribed procedure had to be followed which tooks some time.  There was no unavoidable delay.  They however admits that there was a delay of twenty days in CPC, Olavakode, HPO in processing the case from 20.10.2017 to 08.11.2017 which was due to heavy work load.  As per the notification F No.25-1/2011-LI of Ministry of Communication and Information Technology, Department of Posts, India the new “Post Office Life Insurance Rules-2011” under payment of policies clause 52 (2) claims was attributable to administrative delays, exgratia payment of interest at the rate of 8% per annum on the unsettled amount of claim shall be paid for the delay beyond this period stated under (i) for more than 30 days from the actual date of receipt of complete claim paper or 30 days from date of maturity whichever is later, in the case of maturity claim.  Since the actual date of receipt of complete claim paper in this case was 19.10.2017 and the claim was sanctioned on 09.11.2017, the delay was less than 30 days.  Hence, there is no deficiency of service on the part of the opposite parties and the complainant is not eligible for any compensation.  Hence the complaint had to be dismissed. 

          Complainant filed chief affidavit.  Opposite parties also filed their chief affidavit.  Exts.A1 to A8 was marked from the side of the complainant and Exts.B1 & B2 was marked from the side of the opposite parties.  Evidence was closed and the matter was heard. 

The following issues that arise for consideration are.

1. Whether there is any deficiency of service from the part of opposite parties?
2. If so, what are the relief and cost?

Issues 1 & 2

          We have perused the affidavits and documents produced before the Forum.  An additional reply version was submitted by the opposite parties on 07.03.2018 and the complainant has filed and additional affidavit advancing certain contention upon that additional version.  The contention of the complainant was that the policy document was not issued to him till 21.01.2017.  According to the opposite parties the relevant policy document was sent to him on 18.03.2008. Copy of the letter which was marked as Ext.B1 does not reveal that the policy document was sent to the complainant on 18.03.2008.  According to the complainant in the additional affidavit he had stated that only the policy certificate and passbook was issued to him on 18.03.2008.  He had submitted all the necessary documents as directed by the Pudupariyaram Post Master on 28.04.2017 itself.  The complainant had stated that he had produced 3 salary slip on 28.04.2017.  Among which only one needs more clarification and the other two were acceptable.  The opposite parties had completed the verification of the salary slip only on 14.09.2017.  Hence there is a delay of five months from the part of the opposite parties for verification of the salary slips produced by the complainant.  The complainant also submits that he had received intimation from the Pudupariyaram Post Master only on 23.11.2017.  The amount was matured on 13.03.2017 and the amount was ready to be delivered only on 23.11.2017.  There is a delay of 8 months for the complainant to avail the amount which was matured on March 2017 which according to him was the non delivery of policy certificates on 18.03.2008.  From Ext.B1 also it is not proved that the complainant had received the documents on such date.  There is no acknowledgment from the part of the complainant to show that he had received the policy certificates on 18.03.2008.  In the light of the above discussions, we attribute deficiency on the part of the opposite parties for the non delivery of the document and also for the delay in returning the matured amount to the complainant during the maturity date.  The complainant had to be compensated for the delay caused to him.  Hence the complaint is allowed and we direct the opposite parties to pay the matured amount with 8% interest from the date of maturity till date of realization.  We also direct the opposite parties to pay Rs.5,000/- (Rupees five thousand only) as compensation towards the mental agony suffered by the complainant along with Rs.2,000/- (Rupees two thousand only) towards the cost of this litigation. 

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.

          Pronounced in the open court on this the 21^st  day of July 2018.

                                                                                                     Sd/-

                   Shiny.P.R

                   President 

                        Sd/-        

                   Suma.K.P

                    Member

         Sd/-

    V.P.Anantha Narayanan

                   Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Original receipt dated.28.04.2017 issued by Pudupariyaram Post Office

Ext.A2          -  Photocopy of claim form for maturity value of Postal Life Insurance Policy

Ext.A3          -  Photocopy of Bond of Indemnity

Ext.A4          -  Photocopy of instructions for insurants

Ext.A5          -  Photocopy of pay slip issued by State Forest Training Institute

Ext.A6          -  Photocopy of letter sent by the complainant dated.23.09.2017 to the

   opposite party

Ext.A7          -  Original Intimation slip dated.24.11.2017 issued by Postal Department

              to the complainant

Ext.A8          -  Photocopy of complaint sent by several people with regarding Postal Life

              Insurance 

Exhibits marked on the side of Opposite parties

Ext.B1 -  Photocopy of letter sent by opposite party to the complainant

             dated.18.03.2008

Ext.B2 -  Photocopy of Maturity claim settlement on your policy

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost

          Rs.2,000/-