DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   73  of   2017

 

Smt. Trishita Paul,

W/O- Lt. Sukesh Paul,

 

Miss Rajashree Paul,

D/O- Lt. Sukesh Paul,

 

Miss Sweeta Paul,

D/O- Lt. Sukesh Paul,

 

Residents of 

Jagahari Mura,

P.O. College Tilla, 

P.S. East Agartala,

West Tripura. …..….…...Complainant.

 

        VERSUS

 

     1. The Directorate of Postal Services,

Agartala Head Post Office,

P.O. Agartala, P.S. West Agartala,

West Tripura.

 

     2. The Post Master,

Agartala Head Post Office, 

P.O. Agartala, P.S. West Agartala,

West Tripura. ..........Opposite parties.

 

      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Promod Sahu,

 Sri Utpal Das,

 Advocates.

 

For the Opposite Parties : Sri Biswanath Majumdar, 

 Central Govt. Counsel(C.G.C),

 Govt. Of India, High Court of Tripura,

 

JUDGMENT  DELIVERED  ON: 29.08.2017.

 

 

J U D G M E N T

 

    This case arises on the petition filed by one Trishita Paul and 2 other U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 24.05.2007, 4 nos. ''Kisan Vikas Patra'' was purchased from Agartala Head Post Office for a period of 8 years 7 months. Date of maturity of the certificate was 24.12.15. Nomination registration was done. Nominee was Sukesh Paul. Prior to the date of maturity, however, the holder of the certificate,  Milan Bala Paul died on 14.05.13. Her nominee, Sukesh Paul also died on 18.10.13. After maturity of the certificate legal heir of the nominee went to the Head Post Office with all original certificates and claimed the maturity benefits. Required form was filled up. But the claim was rejected. Again she approached the Postal Authority but the amount was not disbursed. Genuine claim was returned. So, she filed this case to get redress for the deficiency  of service by the Post Office. 

 

2. O.P. No.1 and 2, Director, Postal Services filed W.S denying the claim. It is stated that the complainant did not come with relevant documents for settlement. There was no deficiency of service by the post office and post office is ready to satisfy the claim on production of proper documents.  

 

3. On the basis of contention raised by both the parties following points cropped up for determination 

(I) Whether the petitioners being the legal heirs are entitled to get the benefits of the cash certificates and failed to get it?

(II) Whether there was deficiency of service of Agartala Head Post Office and petitioner is entitled to get compensation?

 

4. Petitioner produced 4 nos. of Postal cash certificates, Rs.5,000/- each, Death Certificate of Milan Bala Paul, Survival Certificate of Milan Bala Paul, Death Certificate of Sukesh Paul, Survival Certificate of Sukesh Paul, Indemnity Bond, Disclaimer, Voter ID and Aadhar Card card of Trishita Paul.

 

O.P. on the other hand, produced the statement on affidavit of Smt. Kuntala Das, Superintendent of Post Office(HQ), Agartala Head Post Office.

 

6. On the basis of this evidence we shall now determine the above points.

 

Findings and decision;

7. Admittedly the petitioner, Trishita Paul and other 2 petitioners are the legal heirs of nominee, Sukesh Paul. Nomination  was properly done and it is admitted. Kuntala Das,  Superintendent of the Head Post Office admitted that in case of death of nominee, his legal heirs are entitled to get the benefits of the certificate. In Para 7 she stated that complainant submitted 2  application for the claim and on receipt of the claim application Agartala Head office started to process the case for settlement and forwarded the cases to office of the Director Postal Services, Agartala Division for approval. She also stated that the claim  was not rejected only she was asked to submit the claim with relevant documents, the survival certificate relating to death of nominee, Sukesh Paul and holder of the certificate, Milan Bala. From the evidence it is clear that for non production of the documents death certificate and survivalship certificate the claim was not entertained. But it was processed. 

8. Petitioner produced the death  certificate, survivalship certificate of nominee, Sukesh Paul and also holder, Milan Bala Paul.  It is found that Post Master of the head Post Office signed on these documents. And the postal staff written that documents are compared with original and found correct. Signature given on 10.12.16. On the same date the death certificate of Nominee Sukesh Paul and her Survivalship certificate also produced before the Head Post Office and it is signed by the Post Master. Same is also compared on 10.12.16 by the concerned staff. Therefore, the plea that the documents as required  were not submitted before the Post Office appears to be not correct at all. Superintendent admitted that claim was processed. Definitely she was satisfied about the claim. After process why the certificate money only Rs.20,000 with benefits not disbursed not clear at all. No satisfactory reasons are given by the Post Office authority in respect of disbursement of the amount. There was inordinate delay after receipt of the claim request and documents on 10.12.16. claim could have been settled within one month or 15 days but till today the claim is not satisfied though all original documents were produced. This is deficiency of service of Post Office Head Post Office. We therefore, direct the O.P. to pay the maturity value of the 4 nos. of cash certificates Rs.20,000/- with up to date interest. Due to this delay petitioner suffered mentally. Therefore, she is entitled to get Rs.10,000/- for deficiency of service and mental agony and harassment. She is also entitled to get Rs.5,000/- as the cost of litigation.

 

9. We therefore, direct the O.P. to pay this amount of Rs.15,000/- along with the maturity value of the 4 nos. of Postal certificate Rs.5,000/- each within one month. If not paid it will carry interest @9% P.A. 

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.