Punjab

Sangrur

CC/583/2017

Abinash Kumar - Complainant(s)

Versus

The Head Post Office - Opp.Party(s)

Sh.Amit Aggarwal

12 Mar 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 583                                                                                         

                                                                  Instituted on:  01.11.2017                                                                                    

                                                                 Decided on:    12.03.2018

 

Abinash Kumar son of Sh. Raj Kumar resident of V & P.O. Changli via Sherpur, District Sangrur.

 

                                                …. Complainant.   

Versus

1.       The Head Post Office, Court Road, Sangrur through its Superintendent.
2.       The Post Office, Changli, District Sangrur through its Sub Post Master.
3.       The Post Office, Sherpur, District Sangrur through its Sub Post Master.  

 

                                                  ….Opposite parties.

 

FOR THE COMPLAINANT:       Shri Amit Aggarwal, Advocate                          

 

FOR THE OPP. PARTIES   :        Shri S.S.Randhawa, Advocate.

 

 

 

Quorum

                   

                            

Sukhpal Singh Gill, President,

Sarita Garg,   Member

Vinod Kumar Gulati, Member

                 

 

ORDER:  

 

 

Sarita Garg, Member

 

1.             Abinash Kumar, complainant has preferred the present complaint against the opposite parties (referred to as OP in short) on the ground that he got himself insured for a sum of Rs.1,00,000/-  and paid Rs.3450/- as premium half yearly. The complainant had deposited seven installments i.e. total Rs.24150/- with the OPs and could not continue to pay the premium due to his financial problem. The maturity date of the policy was 21.07.2017. After maturity of the policy , the complainant requested the OPs  to  pay the deposited amount and submitted claim form dated 21.07.2017 but the OPs did not pay  the deposited amount. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to refund Rs.24150/- along with interest @18% per annum from the date of payment till realization,  

ii)     OPs be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment

iii)    OPs be directed to pay Rs.20,000/- as litigation expenses.

2.             In reply filed by the OPs, it is submitted that as per office record, the OPs received premium upto December 2014 but as per passbook seven entries have been made to BPM in premium receipt book. It is denied that complainant had ever been approached to the office of OPs for settlement of maturity value  case on or before 21.07.2017. It is further submitted that the payment has already been made to the complainant vide cheque number 275979 dated 19.12.2017  of Rs.25000/-. Thus there is no deficiency in service.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-7 closed evidence. On the other hand, OPs have tendered documents Ex.OP-1 to Ex.OP-8 and closed evidence.

4.             The complainant's specific case is that is that he got himself insured with OPs for a sum of Rs.1,00,000/- vide policy/ letter number RPB-CH-EA-25937 dated 24.09.2003  and paid Rs.3450/-  half yearly installment of premium. Thereafter the complainant deposited seven installments of Rs.3450/- each and as such deposited total amount of Rs.24150/- as premium and thereafter complainant was not in a position to pay further installments. He requested the OPs to pay the deposited amount after maturity period. The complainant also submitted claim form dated 21.07.2017 with the OPs but the OPs did not pay the deposited amount. The Ops version in their reply is that they have already made the payment of Rs.25000/- to the complainant through a cheque number 275979dated 19.12.2017. The complainant has also admitted this fact in his affidavit Ex.C-1 that during the pendency of the present complaint the OPs refunded an amount of Rs.25000/- to him.  So, we find that relief regarding refund of maturity amount has been resolved and   the only relief which remains for determination is regarding the compensation on account of delay payment.

5.             From the perusal of entire file we find that  the OPs themselves have admitted in their reply that the payment of Rs.25000/- has been made to the complainant vide cheque number 275979 dated 19.12.2017  and as such the payment was made to the complainant after a delay of more than four months when the actual payment was to be made to the complainant which itself shows deficiency in service on the part of the OPs. The Ops have not produced on record any document/ evidence which could justify the delay in making the payment to the complainant. Moreover, the OPs have totally failed to explain/ disclose the reason of delay in making the payment to the complainant.  

6.             For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant interest @ 9% per annum on the amount of Rs.24150/- from 21.07.2017 to 19.12.2017. We further direct the OPs to pay to the complainant an amount of Rs.5000/- on account of deficiency in service and harassment.       

7.             This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                March 12, 2018

 

 

 

        (Vinod Kumar Gulati)         (SaritaGarg)            ( Sukhpal Singh Gill)                                                                                                                                                                                                                    

 Member                          Member                 President