Date of Filing: 08.01.2015 Date of Final Order: 17.11.2015
The Complainants, Sri Dulal Malakar & Smt. Mithu Malakar have filed the present case U/S 12 of C.P. Act, 1986 praying for issuing direction upon the O.P to pay Rs.56,240/- to the Complainants for their compensation and relief.
The brief facts of the case as can be gathered from the case record is that the Complainants opening 2 RPLI account to the O.P, Sub-Post Master, Nishiganj Post Office on 25/03/2014 but since the Complainants did not get any passbook of their 2 RPLI account. After that, the Complainants went to the office of the O.P, Nishiganj Post Office on several occasions for getting their said passbook but in vain. On 19/10/2014 the Complainants further lodged written complaint to the Sub-Post Master, Nishiganj Post Office but till date the Complainants neither get any passbook nor satisfactory reply.
Due to such activities of the O.P, the Complainants suffering from mental pain & agony and harassment. Thus, they filed the present case and seeking reliefs and redress as incorporated in the prayer portion of the Complaint.
On receiving the Notice, the O.P, Sub-Post Master, Nishiganj Post Office has appeared before this Forum and has contested the case by filing written version denying all material allegation of the complaint contending inter-alia that the Complainants has no cause of action and the case is bad for non-joinder and mis-joinder for necessary party.
The main allegation of the O.P is that the Complainants submitted 2 RPLI proposals at Nishiganj S.O through the GDS Agent, Ratan Kr. Saha on 25/03/2014 and a sum of Rs.3,956/- has been deposited under PLI-2 Receipt No.7318/172 and Rs.2,284/- under PLI-2 Receipt No.7318/3 & 4. After that the Sub-Post Master, Nishiganj S.O forwarded the proposals to the SDI(P)/Cooch Behar West Sub-Division as incomplete. After receipt of the proposals at Divisional Superintendent of Post Offices, Cooch Behar Division the same had been returned to the Sub-Post Master, Nishiganj S.O for submission of wanting documents vide Regd. Letter No.RW199473046IN dated 13/05/2014 and the said letter was received by Arun Kanti Basunia, P.A, Nishiganj on 17/05/2014 as the regular SPM, Rabin Das was on leave. Thereafter, the Sub Post Master, Nishiganj S.O requested Dulal Malakar for submission of fresh proposals along with wanting documents but the Complainants refused to submit the same again. Ultimately, the Department has sanctioned refund order of deposited premium amounting to Rs.3,956/- & Rs.2,284/- respectively on 23/01/2015.
However, the Complainants know the above facts but they made illegal demand in the complaint petition. Therefore, the Complainants are not entitled to get any amount as prayed for in the petition.
Ultimately, the O.P, Sub-Post Master, Nishiganj Post Office prayed for dismissal of the case with costs.
In the light of the contention of both parties, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Are the Complainants Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the O.P any deficiency in service as alleged by the Complainant and is liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and heard both the counsel at a length. Perused the entire relevant documents of the parties in the record along with Written Argument.
Point No.1.
It appears from the case record is that the Complainants made a proposal for obtaining Postal Life Insurance (hereinafter PLI) against depositing certain amount as first premium. The Complainants deposited said amount in view to receive proper service from the Opposite Party. Thus, the Complainants comes under the purview of “Consumer” as per section 2 (1) (d) of C.P. Act 1986.
Point No.2.
The Opposite Party office is situated at Nishiganj under district Cooch Behar i. e. within the jurisdiction of this Ld. Forum and the complaint value of this case is Rs. 56,240/- i.e. far less than the prescribed limit. Therefore, this Forum has territorial and pecuniary jurisdiction to try this case.
Point No. 3 & 4 .
Both points are taken up together for convenience of discussion.
Evidently, and admittedly the Complainants deposited Rs.2284/- and Rs.3956/- for obtaining two PLI policy from the opposite party. It is the case of the Complainant that even after receiving the said amount the Opposite Party did not issue any passbook in favour of the Complainants in connection of the said RPLI policy.
It is the case of the Opposite Party that the Complainants submitted two RPLI proposals at Nishiganj through the Agent Sri Ratan Kr. Saha on 25.03.2014 and the Sub Post Master, Nishiganj S.O. forwarded the same to the SDI (P)/Cooch Behar West Sub Division but the Cooch Behar division returned the said proposal to the Sub Post Master Nishiganj S.O. for submission of wanting documents vide. Regd. Letter No. RW199473046IN dated 13.05.14 and the said letter received by Arun kanti Basunia P A Nishiganj on 17.05.2014 as the regular SPM Rabin Das on leave. Thereafter several requests made on behalf of the SPM, Nishiganj for submission of fresh proposal but the Complainants did not pay any heed towards the same and as a result, the department sanctioned refund order of deposited premium Rs. 3956/- and Rs. 2284 respectively on 23.01.2015.
It appears from the documents (Annexure “A”, “A”-I, “B”, “B”-1) that the O.P. issued Premium Receipt in favour of the Complainants against received of certain payment on 25.03.2014. Besides, the Complainants deposited the said amount intended to purchase PLI Policies with a desire to get Pass Book against the said Policies. The said receipts was duly signed and stamped by the O.P. official and nothing to disbelieve. Admittedly and evidently, the O.P. after receiving the premium did not issue any passbook in the name of the Complainants. The O.P. in W/V also in W/Ar. stated that the Complainants failed to supply the necessary documents even after made several requests and the Cooch Behar Division returned the proposal of the Complainants vide letter dated 13.05.2014 but we did not find any documents in support of the contention of the O.P. The O.P. files two documents i.e. sanctions of payment vide order No. H-1/RPLI/Refund/Corr/1 dated 23.01 2015 and vide order No. H-1/RPLI/Refund/Corr/2 dated 23.01 2015 those have been issued after getting notice from the Forum and was refused by the Complainants. In this juncture, it is pertinent point to mention that at the time of receiving the said letter, the dispute of the Complainants is under the jurisdiction of this Forum for which the Complainants have no fault to refuse the said letter.
It is also pertinent to mention that the O.P. received the first premium on 25.03.2014 in connection of the new RPLI as proposed by the Complainants and kept mum even after request made by the Complainants lastly on 19.10.2014 and the said letter was received by Sub-Postmaster on 20.10.2014. Surprisingly, the Opposite Party did not issue any pass book against the said two RPLI that definitely gross negligence on the part of the O.P. post master/ postal department. Finding no other alternative the O.P. after getting notice from this Forum wanted to refund the said amount that also their bonafideness but by not getting the pass book the agonies of the Complainants cannot be denied and only for this reason the deficiency in service of the O.P. cannot be ruled out. The said amounts are in the custody of the O.P. till date and the O.P. have to refund the said amount.
Thus, the complaint succeeds but in part.
ORDER
Hence, it is ordered that,
The present complaint No. CC/3/2015 be and same is allowed on contest against the O.P. with cost of Rs.2,000/-.
The O.P. is hereby directed to refund the amount of Rs. 6,240/- to the Complainants as deposited by them along with compensation of Rs. 2,000/- for deficiency in service of the O.P.
The O.P is also directed to comply the previously mentioned order within 60 days failure of which the OP shall have to pay Rs.50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.
Let plain copy of this Final Order be made available and be supplied free of cost, to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
