DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31th day of July 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 18/09/2017
: Sri.V.P.Anantha Narayanan, Member
CC/134/2017
Rajendran.P,
Radhakrishnan Nair,
“Varsha”, Harmony Street,
Pattambi (PO),
PIN – 679 303. - Complainant
(By party in person)
Vs
-
Office of the Senior Superintendent of Post Office,
Palakkad Division , Palakkad – 678 001.
-
Department of Posts,
Postal Life Insurance,
Thiruvananthapuram,
Central Post Office – 695 001.
O R D E R
By Smt.Suma.K.P. Member
The complainant insured his life under Postal Life Insurance Scheme with endowment assurance policy No.KL-93283-CS for a sum assured of Rs.1,00,000/- on 22.04.2009. The maturity date of the same was on 22.04.2017. The complainant is a Kerala State Govt.Employee and the premium for his Postal Life Insurance was deducted from his salary. He had paid the premiums upto March 2017. He had submitted all the necessary documents before the Postal Life Insurance Office at Palakkad. So as to obtain the maturity benefit, but there was no response inspite of the several visits to the said office. On 10.07.2017 he was informed to pay Rs.524/- towards service charge. He had paid the said amount on 13.07.2017 as per their information. Still there was no response from the above office and he registered a complaint through the Portal service of the Postal Department. In response to the said letter they had informed that, they had received the recovery schedule from the AG’s Office of Kerala only till December, 2016. According to the complainant he had paid the subscription till March, 2017. Since the recovery schedule from AG’s office was not received to the Postal Department the payment of the maturity amount will be delayed uncertainly. The complainant submits that in such situation the opposite party should pay the maturity amount after deducting the unpaid instalments alongwith service tax (Rs.1,095 x 3 months + 524) which will amount to Rs.3,809/-. The opposite parties had delayed the payment of more than one lakh rupees stating the silly reasons which amounts to deficiency of service on their part. The complainant further submits that if he had received the maturity amount within time he would have completed certain loans. He had only one and a half years service in the department and the delay in receiving the amount had caused much financial and mental difficulties. Hence he had approached before the Forum for the redreassal of his grievance.
Notice was issued to the opposite parties. Opposite parties entered appearance and filed their version stating the following.
It is admitted that, the complainant insured his life under Postal Life Insurance Scheme with Endowment Assurance Policy No.KL-93283-CS for a sum assured of Rs.1,00,000/- on 22.04.2009. The maturity date of the same was on 22.04.2017. As per the terms of the contract of the PLI scheme the proposer named as the insured in the schedule of the policy document has deposited with a proposal and declaration for Endowment Assurance on his own life mentioned in such schedule has agreed that the said proposal and declaration signed by him shall be the basis of contract for such insurance with the President of India. President of India shall be subjected and liable to pay the sum mentioned in policy document together with bonus, if any declared by President of India to the insured or his assignees as early as possible after the insured has attained the age specify in the said policy document as if he/she shall die without receiving payment unto the execution. The complainant is a Kerala State Govt.Employee and the premium for his Postal Life Insurance was being deducted from the salary of the employee. The premium of such cases are being paid to the Department of Posts through office of Accountant General, Kerala and credits to the respective policy will be afforded centrally from Central Processing Centre, Thiruvananthapurm, General Post Office. The complainant had submitted the maturity application of his insurance policy on 22.04.2017 for processing at the Central Processing Centre (CPC) Palakkad HPO. While processing his request for the maturity in the software, the policy was seen updated till April 2015 only. On contacting with the Office of Deputy Divisional Manager (PLI), Office of Chief Post Master General, Kerala Circle, Thiruvananthapuram it could be ascertained that the recovery schedule alongwith DD in respect of policies of State Government Employees have been received from the Office of Accountant General, Kerala only upto December, 2016. The maturity application could not be processed then for want of full premium credit in the policy. The complainant herein had lodged a complaint on 09.07.0217 in Public Grievance Portal to get the maturity amount and the complainant was replied on 20.07.2017 stating all the technical issue and informed him that the maturity claim can only be processed after the receipt of the full period premium. The issue related to the non credit of premia in respect of insurants working under State of Kerala been taken up with the appropriate authority and necessary recovery schedule along with Demand Draft in respect of policies of State Government employees including that of the complainant has since been received from the Accountant General, Kerala. Now the policy has been updated upto March 2017 and sanction for payment of maturity value of the PLI policy of the complainant has been issued on 02.11.2017 and the case stands settled. It was also submitted that the delay happened solely due to the reasons beyond the control of the respondent and there was no willful deficiency of service. Hence the complaint had to be dismissed.
Complainant filed replication to the above version and opposite parties filed a rejoinder statement to the said replication. Complainant filed chief affidavit and also stated that he does not intend to implead Accountant General, Kerala in the said proceedings. Opposite parties also filed their chief affidavit. Exts.A1 to A7 was marked from the side of the complainant and Exts.B1 was marked from the side of the opposite parties. Evidence was closed and the matter was heard.
The following issues that arise for consideration are.
- Whether there is any deficiency of service from the part of opposite parties?
- If so, what are the relief and cost?
Issues 1 & 2
We have perused the affidavits and documents produced before this Forum, it is evident from Ext.A4 & A5 that the delay occurred in processing the maturity claim is due to non receipt of premium credits at Thiruvananthapuram GPO from the State Government Authority. The complainant’s policy was updated only till December, 2016 in the software and the corresponding maturity amount was Rs.1,43,375/- . Updation was pending for the period January 2017 to March 2017. It is admitted that the claim amount was sanctioned only on 02.11.2017 for which the maturity date was on 22.04.2017. The opposite parties admits that the delay so caused was due to non receipt of premium credits from the Accountant General Office, Kerala. If that be so, the opposite parties ought to have paid the maturity amount after deducting the unpaid instalments alongwith service tax (Rs.1,095 x 3 months + 524) which will amount to Rs.3,809/-on the due date itself. Without doing so, they had committed deficiency of service on their part.
Hence the complaint is allowed and we direct the opposite parties to pay 8% interest for the maturity amount of 1,43,950/- (Rupees one lakh forty three thousand nine hundred and fifty only) from 22.04.2017 till 02.11.2017 alongwith Rs.5,000/- (Rupees five thousand only) as compensation for the mental agony and financial difficulties suffered by the complainant. We also direct the opposite parties to pay Rs.2,000/- (Rupees two thousand only) towards cost of this litigation.
The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 31th day of July 2018.
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 - Original Maturity claim notification. Letter No.KL-93283-CS
dated.21.04.2017 from Department of Post, Thiruvananthapuram.
Ext.A2 - Acknowledgment receipt
Ext.A3 - Letter No.CPC/PLI/Salary recovery policies 2016-17 dated.10.07.2017 from
Department of Post, Palakkad
Ext.A4 - Letter from Department of Post, Palakkad dated.19.07.2017
Ext.A5 - Letter from Department of Post, Palakkad dated.24.10.2017
Ext.A6 - Consent Letter for Maturity Processing – Pay Recovery cases
Ext.A7 - Copy of payment order dated.02.11.2017 (Original payment order
submitted to Department of Post, Palakkad)
Exhibits marked on the side of Opposite parties
Ext.B1 - Letter from Department of Post, Palakkad dated.24.10.2017 issued by the
complainant
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost
Rs.2,000/-
