West Bengal

Siliguri

90/S/2013

AMAL KUMAR BERA - Complainant(s)

Versus

SUB POST MASTER - Opp.Party(s)

20 Feb 2015

ORDER

IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO.    : 90/S/2013.                       DATED : 20.02.2015.                 

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

 

                      MEMBERS              : SMT. PRATITI  BHATTACHARJEE &

                                                              SRI PABITRA MAJUMDAR.

 

COMPLAINANT                         : AMAL KUMAR BERA, 

                                                             Vill.- Ashoke Nagar (Near Buribalason),

                                                             P.O.- Bagdogra, Dist.- Darjeeling (WB).

                                                             Pin – 734 014.

 

O.Ps.           1.      : SUB POST MASTER,

 Bagdogra SO,

  P.O.- Bagdogra, Dist.- Darjeeling (WB).

  Pin – 734 014.

 

2.        : SUPERINTENDET OF POST OFFICES,  

         Darjeeling Division, Darjeeling – 734 101,

         West Bengal.

    

3.        : POST MASTER GENERAL,

         North Bengal & Sikkim Region,

         Siliguri – 734 001.                        

                                                                                                                        

FOR THE COMPLAINANT         : Self.

FOR THE OPs                                  : Sri Prasanta Joarder, Advocate.

 

J U D G E M E N T

The case of the complainant which is reproduced herein under is a precise form as follows :-

 

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The complainant Amal Kumar Bera hereinafter referred to as complainant filed a complaint against 1) Sub Post Master, Bagdogra SO, P.O.- Bagdogra, Dist.- Darjeeling (W.B.), Pin- 734 014, 2) Superintendent of Post Office, Darjeeling Division, Darjeeling – 734 101, W.B., and 3) Post Master General, North Bengal & Sikkim Region, Siliguri – 734 001, hereinafter referred as OPs.  The complainant was proposed for a Postal Life Insurance (PLI) Policy being No.APS-438613A with DTE of APS (PLI), New Delhi while in service (Air Force) through Field Post Office at Bagdogra on 24^th May, 2004 and on acceptance a monthly premium of Rs.910/- (Rupees nine hundred ten only) was being deducted directly from his salary with effect from Jun, 2004.  The maturity date of said policy is 22^nd Jun, 2022.  Copy of PLI Policy No.APS – 438613A is attached as Annexure – I.  On his discharge from Indian Air Force on 30^th Jun, 2006, DTE APS(PLI), New Delhi transferred the same to Bagdogra SO on his request and case file along with relevant information were forwarded to Chief Post Master General, WB Circle, Kolkata, vide their letter No.APS 438613 A/AF/APS-7D-III dt. 08 Jun 2006.  Copy of DTE of APS(PLI) letter dated 08 Jun, 06 is attached as annexure - II.  He had paid all the premiums timely up to September, 2012 amounting to a cumulative principal amount of Rs.90,090.00 (Ninety Thousand and ninety only).  Copy of premium, Receipt Book attached as annexure – III.  On an urgent requirement of money he had no other way except surrendering the captioned policy to meet the requirement to pay to a landlord.  So, he submitted a prayer for surrendering the Policy to SPM, Bagdogra SO (Miss Sima Minj) on 15^th October, 2012 with all required documents as he was asked for its finalization with a humble request for its early liquidation and the same was accepted.  Copy of his personal application dated 15^th October, 2012 is attached as annexure – IV.  After

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that, he started enquiring very frequently on the progress of payment of the said policy with Miss Sima Minj, SPM, Bagdogra SO, and she tried to convince him the delay as that was a transfer case from Army, and that had to go to Delhi for verification.  He submitted another letter on 18^th December, 2012 as reminder.  But that had no effect.  Thus, the year 2012 is over.  On approach, Miss Minj expressed her inability and informed him that the matter rests with the court of Divisional Office at Darjeeling and Regional Office at Siliguri.  Copy of his personal letter on 18^th December, 2012 is attached as annexure-V.  On 16^th January, 2013, he received a letter No.APS 438613 A dated 03^rd January, 2013 from Divisional Office, Darjeeling, for lesser amount annexure – VI.  He wanted to accept lesser amount by a letter dated 04^th February, 2013 annexure – VII.  Next he applied to Assistant Director, PLI and Post Master General, North Bengal and Sikkim Region at Siliguri on 09^th April, 2013 annexure – IX.  Copy of Regional Office letter dated 13^th May, 2013 for paid up value of Rs.84,714/- annexure – X.  Accordingly, the OP Nos.1 to 3 are deficient and negligent in discharging their service.  Thus, complainant has suffered huge pecuniary loss injury, mental agony and harassment which the OPs are bound to compensate, accordingly this complaint to get release as per prayer.

The OPs have appeared and contested the case by filing written versions denying inter-alia all the material allegations in the complaint.  The positive version of the OPs is that the complainant Amal Kumar Bera had applied for a life insurance policy to the DTE of APS (PLI), New Delhi and in consideration of the said application the policy bearing no. APS 438613 A was issued by the said post office.  The monthly premium of the said policy was Rs.910/- only commencing from 19.06.2004 and the

 

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date of maturity was on 22.07.2022.  The OP No.1 received one application from the complainant for surrender of the policy on 18.10.2012.  Thereafter said file of the complainant was requisitioned and the same was received by OP No.1 on 17.12.2012 vide letter no.PLI/RECORD/NB REGION/Tfr/2012 dated 14.12.2012.  As per rules of the Post Office, complainant was entitled to get lesser amount if the policy was surrendered, and so he was informed vide letter no. APS 438613 A dated 01.03.2013 to submit in writing his willingness to accept the lesser amount.

Since no reply and/or consent to receive from the end of the complainant, OPs again sent reminder letter on 31.01.2013.  Complainant submitted an application on 04.02.2013 to the OP No.1 refusing to write to receive lesser amount.  Later OPs issued two letters dated 22.02.2013 and 06.03.2013 for submitting letter of consent as per norms/rules of the Post Office.  On 18.03.2013 all the documents were forwarded to the Regional office of Post office requesting their views in the matter.  As per Post Office Rules – 2011, the payment of surrender value of Post Office Life Insurance can be issued on receipt of consent letter.  The complainant did not co-operate by giving the consent letter in spite of repeated requests and reminders.  So, OPs could not make payment.  The said complaint is liable to be dismissed. 

OPs have filed following documents :-

1.       Xerox copy of the said Life Insurance Policy, being no.APS-438613-A annexure -4.

2.       Xerox copy of the letter dated 01.03.2013 Annexure  B.

3.       Xerox copy of the letter dated 31.01.2013 Annexure C.

4.       Xerox copy of the letter dated 22.02.2013 Annexure E.

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5.       Xerox copy of the letter dated 06.03.2013 Annexure F.

6.       Xerox copy of the letter dated 18.03.2013 Annexure G.

7.       Xerox copy of the letter dated 13.05.2013 Annexure H.

8.       Xerox copies of Post office Life Insurance Rules - 2011 Annexure D.

9.       Xerox copy of Surrender Calculation Sheet Annexure I.  

Point for consideration

1)       Whether the complainant is a consumer ?

2)       Whether there was any negligence on the part of the OPs ?

3)       Whether the complainant is entitle to get any relief as prayed for?

Decision with reason

All the issues are taken up together for easiness of discussion.

OPs are filed examination-in-chief with affidavit, Written Arguments. 

It is admitted position that a life insurance policy vide no. APS 438613A was issued on behalf of the complainant by the Bagdogra Post Office, Dist.- Darjeeling (WB), Pin – 734 014.  The monthly premium of the said policy was Rs.910/- only commencing from 19.06.2004 and the date of maturity was on 22.07.2022.  The complainant had paid all the premiums up to September, 2012 vide PLI Receipt No.A 3441 dated 24.09.2012.  The complainant informed the Bagdogra Post Master to surrender his said PLI policy by writing a letter dated 15.10.2012 (Annexure-IV).  The complainant informed the said OP again by letter dated 18.12.2012 (Annexure-V).  OPs i.e., Superintendent of Post Office, Darjeeling Division, 734 101, issued a letter on 03.01.2013 for information of the SPM, Bagdogra and sent the copy of that letter to the complainant informing him about “getting lesser surrender value” than

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the amount deposited from August, 2006 (PLI Receipt No.A3441 dated 24.09.2012) Annexure – VI and ‘B’ Post Office Life Insurance Rules – 2011 55.1.  “The orders for payment of the admissible amount of surrender value shall only be issued on receipt of the consent of claimant for taking payment of admissible amount of surrender value to the concerned Postmaster, under intimation to the claimant” annexure-D it also shows “For policies in respect of which premium is paid annually in advance, surrender value is to be calculated at the end of the year irrespective of the date of surrender – but payment of surrender value may be made when the policy holder asks for it.  No bonus will be paid in respect of a policy with effect from the date of discontinuance of premium.  Proportionate bonus shall be paid on paid up value after completion of 5 years i.e., a policy remains in force at least for 5 years.” 

         But TERMS OF CONTRACT OF POSTAL LIFE INSURANCE annexure-I, Point 14 shows “surrender/paid up value: An Endowment Assurance Policy may be surrendered for an immediate payment in cash provided the said policy is in force and has completed 3 years from the date of commencement/acceptance.  Surrender/Paid up quotations are liable to change from time to time.”  

So, the Post Office failed to fulfil the “immediate payment in cash” as per terms of contract of the policy vide no.APS 438613 A, though the post office is informed on 15.10.2012 by a letter of the complainant, who carefully mentioned his mobile number in this letter.

After considering the materials on record and documents filed by the both sides and paying attention facts of this case, which has been mentioned day by day along with the letters and evidence of oath in affidavit, it is concluded that complainant’s case succeeds. 

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The complainant is entitled to get the amount Rs.90,090/-.

The complainant is also entitled to get interest from 15.10.2012, when the complainant informed the OP Post Office, till payment, as there are negligence, deficiency of service and harassment, and causing mental agony on the part of the OP, Post Office. 

After deliberation over this case, we are of opinion that if the above order is passed, no side will be prejudice and interest of the consumer shall be protected. 

Accordingly, the case succeeds.

Hence, it is

                    O R D E R E D

that the Consumer Case No.90/S/2013 be, and the same is hereby allowed on contest against the OPs. 

The complainant is entitled to get Rs.90,090/- from the OP Post Office along with 18% interest from the date 15.10.2012 till payment.

OPs are directed to pay the above sum of Rs.90,090/-, along with 18% from the date 15.10.2012 till payment, to the complainant, within 45 days from the date of this order, failing which the complainant is at liberty to execute this order through this Forum.   

 

-Member-                   -Member-                                  -President-