CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 15th day of December, 2017
PRESENT : SMT. SHINY.P.R, PRESIDENT Date of filing:11/07/2017
: SMT.SUMA K.P, MEMBER
: SRI.V.P.ANANTHA NARAYANAN, MEMBER
CC/103/2017
Raveendran.M,
Vishnu Nivas,
18/243,
Ullas Nagar Colony,
Chadayan Kalay,
Kanjikkode (PO),
Palakkad – 678 623. : Complainant
Vs
1. Smt.Jyotsna,
Post Master, : Opposite party
Head Post Office,
Palakkad.
2. Shri.Anil.K,
Senior Superintendent of Post Office,
Department of Post, India,
Office of Senior Superintendent of Post Office,
Palakkad Division, Palakkad – 678 001.
O R D E R
By Sri.V.P.Anantha Narayanan, Member
The complaint is concisely described as follows.
The complainant was working in ITI Ltd, Kanjikode since 1993. He had taken PLI through post office having period from March 13, 2009 to March 13, 2017. On March 13, 2017, Rs.29,500/- which is the surrender value of the policy plus interest was to be received by the complainant on the PLI. On 03.03.2017 the complainant sent through Kanjikode Post Office pass book and other connected documents. According to the complainant, during March 2017, he went to Kanjikode Post Office many times and enquired about PLI amount, but the amount was not received. As per the direction of the Post Master of Kanjikode, complainant went to Palakkad Head Post Office and told them all matters for conducting enquiry in this connection. There complainant was told that there would be delay in getting the amount and cheque would be given to him on 07.04.2017. When complainant came on 07.04.2017 he was not given a positive reply by the post office authorities. After waiting for two weeks from 07.04.2017 to 20.04.2017 for a letter regarding PLI and on not getting any letter, on 20.04.2017 a complaint was given to Palakkad District Collector. Complainant pleads that the PLI amount was raised for his son’s education and since this amount was not received, his further studies were stopped which caused to the complainant mental agony and tension. On 2nd May 2017 a letter was received from the opposite party stating that Rs.29,500/- was allowed and this amount would be given by cheque. But cheque was not received. According to the complainant, he is also entitled to get interest for the period from March 13, 2017 to May 03, 2017. On 01.06.2017, a complaint was given to Palakkad District Collector stating that the above mentioned interest may also be given to him and requested the District Collector, Palakkad to enquire about reasons for the delay. This complaint was forwarded by the Palakkad District Collector to the 2nd opposite party for enquiry. On 05.06.2017 complaint was also given to the 2nd opposite party requesting him to pay the amount including interest from 13.03.2017 along with reasons for the delay in paying the amount due to the complainant. To this complaint 2nd opposite party gave a reply giving false reasons and concealing the actual reasons on 28.06.2017 which also asked the complainant to accept the surrender value without interest. According to the complainant, this reply was not proper and Palakkad Postal Authorities were responsible to pay the remitted PLI amount of Rs.29,500/- along with 13% interest on this amount from 13.03.2017. Complainant also pleads that since the amount due to him along with interest from 13.03.2017 was not received so far, his plus 2 passed son cannot be admitted for further studies. This caused mental agony to the complainant and his family. Hence complaint to this Forum was filed by which complainant prays for compensation of Rs.15,000/- for disgrace experienced by him from 1st and 2nd opposite parties, and Rs.5,000/- towards litigation expenses and compensation for mental agony along with PLI surrender amount of Rs.29,500/- plus interest.
Complaint was admitted and notices were sent to opposite parties to enter appearance and file versions. 2nd opposite party entered appearance and filed a reply version on behalf of the1st and 2nd opposite parties in which he denies all the arguments and allegations in the complaint except those specifically admitted. Opposite party admits that complainant insured his life under Postal Life Insurance Scheme with Endovement Assurance Policy No-KL-92417-UC for a sum assured of Rs.20,000/- on 13.03.2009 with its maturity date on 13.03.2017. The proposer has agreed that the proposal and declaration signed by him is the basis of contract for that insurance with the President of India who is liable to pay the amount mentioned in policy document together with bonus to the insured as early as possible after the insured has attained the age mentioned in the policy. According to the opposite parties, PLI maturity proceeds of this policy was received by the department on 04.03.2017 and the date of maturity was 13.03.2017. The same was processed and sanction was accorded and cheque no.993858 dated,03.05.2017 for Rs.29,500/- was sent to Kanjikode West Post Office on 02.05.2017. According to the opposite parties, there was heavy rush for PLI proposals from the customers during the end of financial year resulting in over loading of server of web based platform and causing technical sluggishness with inaccessibility to network. The PLI maturity sanction cases were attended according to the date of receipt of application and in this case the claim was processed on 02.05.2017. As per opposite party’s office letter dated,28.06.2017 reason and circumstances were well explained to the complainant. Opposite party also contends that as per extract of the Rule, if it is established that the delay in payment of claim was attributable to administrative delays ex-gratia payment of interest @ 8% p.a on the unsettled amount of claim shall be paid for the delay beyond the period mentioned in the Rule. Accordingly, interest admissible was calculated as Rs.129/- (Rs.29,500 x 8/100 x 20/365). According to the opposite parties they are willing to pay Rs.129/- by way of interest to the insured as per the Rule mentioned above and the delay of 20 days happened due to reasons beyond their control for which admissible interest is calculated.
Hence opposite parties contend that there is no deficiency in service on their part. Therefore opposite party parties pray to the Hon’ble Forum to dismiss the complaint.
Complainant and opposite parties filed their affidavits. From the side of the complainant Exts.A1 to A7 were marked and from the part of opposite parties Exts.B1 to B7 were marked. Opposite parties were heard.
The following issues emerge for consideration in this case:
1)Whether there is any deficiency in service on the part of opposite parties?
2)If so, relief and cost, complainant is entitled for?
Issues 1&2
The case of the complainant is that he has taken postal life insurance through post office
and Rs.29,500/- plus interest was to be received by him on the date of maturity of the policy (March 13, 2017). The “Acceptance letter of PLI proposal” dated. 7th May 2009 issued to the complainant by postal life insurance, Kerala Circle, Thrivananthapuram was marked Ext,.A2 which shows PLI policy details. Complainant sent his pass book and other documents to Palakkad Head Post Office through Kanjikode Post Office to claim the maturity value of the policy and the Head Post Office authorities told him that cheque would be given for the maturity value on 07.04.2017. Since no letter regarding PLI amount was received, he gave a complaint to District Collector, Palakkad vide Ext.A3 series which indicated calling for an enquiry into the matter and receipt of the complaint for that from the complainant. This complaint was forwarded on 22.06.2017 by the Palakkad District Collector to the 2nd opposite party for enquiry and a copy of this letter was marked as Ext.A1 which asks the 2nd opposite party to take appropriate action on the said complaint and inform the complainant within ten days. A copy of this letter was also sent to the complainant marked as Ext.A4. To this complaint 2nd opposite party gave a reply marked as Ext.A5 which asked the complainant to accept the sanctioned amount of PLI. Complainant also sent a letter dated.05.06.2017 to 2nd opposite party marked as Ext.A6 requesting him to sanction PLI amount along with interest from 13.03.2017 to realization. Complainant also produced fee receipt dated.04.07.2017 marked as Ext.A7 which shows that Rs.10,000/- was paid by his son in favour of the Commissioner for entrance examinations, Kerala. In the version filed by 2nd opposite party it is contended that the application for PLI maturity proceeds of the PLI policy No.KL-92417-UC was received by the department on 04.03.2017 and a copy of the sanction is marked as Ext.B1 which shows the policy maturity date, net amount payable etc. A copy of the Ext.B1 sanction order was also sent to the complainant by a registered letter. The track report of this registered letter is marked as Ext.B2 which shows event details, current status etc. In this case the claim was processed on 02.05.2017 and according to 2nd opposite party the reasons and circumstances were explained to the complainant by a letter dated.28.06.2017 marked as Ext.B3 which requests the complainant to accept payment of the sanctioned amount. The 2nd opposite party also sent an extract of “Post Office Life Insurance Rules, 2011” to the complainant, marked as Ext.B4 which shows calculation of admissible interest for delay in payment of claim due to the complainant which is attributable to administrative delay. “Pan India issue” is indicated by Ext.B5 which is a copy of letter No.06-02/2014-Ll (vol.2 dated.22.03.2017) of Postal Life Insurance Directorate. A copy of the e mail dated.27.04.2017 sent from Deputy Divisional Manager (PLI) Office of the Chief Post Master General, Kerala Circle is marked as Ext.B6 which shows that the issue in processing of the PLI service requests persisted since February 2017. Ext.B7 is a copy of the e mail dated.27.04.2017 sent by the Central Processing Centre (PLI), Palakkad Head Post Office which indicates that ECMS site is slow and only a few number of cases could be processed daily which seriously affects the working of CPC with a lot of new proposals and other service requests still pending to get uploaded in ECMS.
From the affidavits and other documents produced, we understand that the maturity date of the Postal Life Insurance Policy taken by the complainant was 13.03.2017, but sanction order and cheque were seen to have been delivered on 04.05.2017 only. It is also observed that the opposite parties are seen to have sent to the complainant a cheque for Rs.29,500/- (Rupees twenty nine thousand five hundred only) without including interest for the delay of 50 days from the date of maturity of the PLI policy to the date of sanction of PLI amount and delivery of cheque. Hence, we view that there has occurred deficiency in service on the part of opposite parties by not sanctioning interest for the period of delay in sanctioning PLI policy amount and delivery of cheque. It is also viewed that the delay in sanctioning PLI policy amount was also admitted by the 2nd opposite party in his version. In the result, the complaint is partly allowed.
We order the 1st and 2nd opposite parties jointly and severally to pay to the complainant interest of Rs.129/- (Rupees one hundred and twenty nine only) for the delayed payment of the maturity value of the policy to the complainant; in addition the 1st and 2nd opposite parties are also jointly and severally directed to pay to the complainant Rs.3,000/-(Rupees three thousand only) by way of compensation for mental agony suffered by the complainant and his family plus litigation expenses incurred by him.
This Order shall be executed within a period of one month from the date of receipt of this order; otherwise complainant is also entitled to receive interest @ 9% per annum on the total amount due from the date of this order till realization.
Pronounced in the open court on this the 15th day of December 2017.
Sd/- Shiny. P.R
President
Sd/-
Suma. K.P Member
Sd/-
V.P.Anantha Narayanan Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Letter No.PGR-3-2017/23631/9 dated.22.06.2017 sent by District Collector
to the 2nd opposite party
Ext.A2 - Acceptance letter of PLI proposal for the policy No.KL-92417-UC dated.7th May 2009
Ext.A3 series - Photo copy of complaint letter dated.20.04.2017 sent by the complainant to the
District Collector and the receipt issued for the receipt of the complaint
Ext.A4 - Letter No.PGR-3-2017/23631/9 dated.05.05.2017 sent by District Collector
to the 2nd opposite party to give the policy amount of the complainant even after
expiry of the policy
Ext.A5 - Letter sent by 2nd opposite party to give a reply and asking the complainant to accept the sanctioned amount of PLI.
Ext.A6 - Photo copy of complaint letter sent by the complainant to the opposite party
dated.05.06.2017
Ext.A7 - Photo copy of fees receipt of the complainant’s son
Exhibits marked on the side of opposite party
Ext.B1 - Policy document of the Postal Life Insurance of the complainant
Ext.B2 - Copy of track consignment of Postal Life Insurance
Ext.B3 - Letter No. PLI/Dlgs/2017-18 dated.at Palakkad 678 001 28.06.2017 sent by the
opposite party explaining the delay in giving of maturity value of Postal Life Insurance
Policy
Ext.B4 - Notification of the Directorate of Postal Life Insurance, Department of Post, New Delhi
dated.28.08.2011
Ext.B5 - Copy of D.O No.06-02/2014/LI (Vol II) dated.22.03.2017 from General Manager,
Postal Life Insurance Directorate, New Delhi
Ext.B6 - Copy of G mail dated.27.04.2017 showing ECMS issues sent by Deputy Divisional
Manager (PLI), Thiruvananthapuram
Ext.B7 - copy of G mail dated.27.04.2017 showing unavailability of ECMS sent by Central
Processing Centre (PLI & RPLI), Palakkad Head Post Office
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost and compensation for mental agony - Rs.3,000/-
