| Complaint Case No. 03/2016 | | ( Date of Filing : 01 Mar 2016 ) |
| | | | 1. Sri. Hemant Ku. Das, S/O.Late,Nipen Das. | | R/O. M.V.-07,Po.Tamasa,Dist.Malkangiri,Odisha. |
| ...........Complainant(s) | |
| Versus | | 1. Sub Post Master,Tamasa | | At.Tamsa,Dist.Malkangiri.Odisha. | | 2. Post Master, Malkangiri, | | Main Road, | | Malkangiri | | Odisha | | 3. Head Post Master, Head Post Office, Jeypore, | | Main Road Jeypore | | Koraput | | Odisha | | 4. Superintendent of post Office ,Jeypore | | Main Road,. Jeypore | | Koraput | | Odisha | | 5. Post Master, General, Bhubaneswar, | | Bhubaneswar | | Khordha | | Odisha |
| ............Opp.Party(s) |
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| Final Order / Judgement | - Brief fact of the case of the complainant is that on 28.12.2013 he opened Postal Life Insurance amounting to Rs. 1,00,000/- with premium @ Rs. 590/- per month and deposited total Rs. 13,767/- till 30.09.2015. It is alleged that on 30.10.2015 while he deposited the further premium amount, the O.P. No. 1 refused to accept the same stating that the Department has already seized the said insurance policy and also denied to accept the future premiums. It is also alleged that the O.Ps have not issued the proper policy bond in his favour and also the O.Ps have not handed over the premium receipts against the alleged insurance policy. Thus suffering from mental agony and physical harassment, he filed this case with a prayer to direct the O.Ps to pay Rs. 13,767/- with 18% interest and to pay him Rs. 30,000/- and Rs. 10,000/- towards compensation and costs of litigation.
- The O.Ps, being the same department, have appeared and filed their joint counter admitting the deposit of insurance premiums by the complainant with them, but denied the allegations contending that due to unintentional missing of documents, the policy number and policy documents could not issued in favour of the complainant. Further it is contended that though the complainant deposited the premiums but did not inform them regarding non issuance of policy documents in his favour and due to non receipt of the claim application with documentary evidence, they could not refunded the amount, as such with other contentions, showing their no liability, they prayed to dismiss the case.
- From the case records and the submissions of parties, it is ascertained that till 30.09.2015 the complainant has deposited an amount of Rs. 13,767/- with monthly premium of Rs. 590/- against the alleged PLI / RPLI. It is also an admitted fact that though the complainant has deposited such amount, but has not been issued with any insurance policy documents by the O.Ps. The allegations of complainant is that while on 30.10.2015 he deposited the further insurance premium, the O.P. No. 1 denied to accept with a plea that the Department has already seized the alleged insurance policy and also denied to accept the future premiums, whereas the O.Ps have contended that the due to unintentional missing of policy documents, they could not issue the insurance policy documents in favour of the complainant.
- From the above points, it is clearly evident that the complainant has deposited an amount of Rs. 13,767/- till 30.09.2015 but has not been issued with any insurance policy documents, for which definitely he must have sustained mental agony so also physical harassment. Further, it is first and foremost duty of the O.Ps to maintain each and every record of their valuable customer in their safe custody, but in the instant case, the O.P. No. 1 have miserably failed to maintain the documents submitted by the complainant against the alleged insurance policy. It is also matter of surprise that while the policy number and documents have not been issued in favour of the complainant, how the O.P. No. 1 has received the insurance premium amounts from the complainant against which account and has issued the premium receipts and also the O.Ps have silent over the same and have utilized the deposited amount of premium of complainant till 30.10.2015 and seems that the OP.No.1 has grabbed the hard earnings of the complainant in a fraudulent manner, which attracts criminal offence and the act of OP.No.1, as per the C.P. Act is clear deficiency in service on the part of the O.Ps. And for such mental agony and physical harassment, the complainant was compelled to seek redress before the Forum by incurring some expenses for which he deserves to be compensated. Hence this order.
ORDER
The complaint petition is allowed in part. The O.Ps are herewith directed to refund the deposited amount of Rs. 13,767/- with interest 12% p.a. from 28.12.2013 till 01.03.2016, the day on which the complaint petition is filed. Further, the O.Ps are directed to pay an amount of Rs. 10,000/- towards compensation for causing mental agony and physical harassment and also to pay Rs. 2,000/- towards costs of litigation to the complainant and all the directions should be complied within 30 days from the date of receipt of this order, failing which, the deposited amount of Rs. 13,767/- shall carry interest @ 12% p.a. from 28.12.2013 to till payment. Further the O.P. 2 to 5 are at liberty to recover the awarded amount from the O.P. No. 1, if they wish to do so.
Pronounced the order on this the 20th day of August, 2019 in the open Forum.
Issue free copy to the parties concerned.
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