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Thread: Post office, Hyderabad

  1. #1
    adv.singh is offline Senior Member
    Join Date
    Jan 2010
    Posts
    2,003

    Default Post office, Hyderabad

    FA.No.120/2008 AGAINST C.C.No.40/2007 DISTRICT FORUM-I, VISKHAPATNAM

    Between:
    Smt.P.Bhavani, W/o.N.Premanandam

    Hindu, aged 38 years,

    Working as Sub Registrar,

    Madhuravada, Visakhapatnam Dt. Appellant/
    Complainant
    And

    1. Principal Chief Post Master General, A.P.Circle,

    Hyderabad-500 001.



    2. Deputy Divisional Manager, PLI, AP Circle,

    Hyderabad-500 001.



    3. Senior Superintendent of Post Offices,

    Vizianagaram Division, Vizianagaram (PO & Dist.)

    4. The Superintendent of Post Office,

    Head Post office, Visakhapatnam-I. Respondents/
    Opposite parties.
    Counsel for the Appellant: Mr.P.Madhusudana Kumar



    Counsel for the Respondents:- Mr.Vasireddy Vinod Kumar.



    QUORUM: SMT.M.SHREESHA, MEMBER

    &

    SRI K.SATYANAND, MEMBER



    THURSDAY, THE SEVENTEENTH DAY OF DECEMBER,

    TWO THOUSAND NINE
    (Typed to the dictation of Sri K.Satyanand,Hon’ble Member)

    This is an appeal filed by the unsuccessful complainant before the District Forum assailing the order of the District Forum that dismissed her complaint.

    The facts of the case are briefly as follows:

    The complainant is the wife of late N.Premanandam, who expired on 23-6-2005 while working as Sub Post Master, Poosaparti Rega (SO) Vizianagaram District. He got his life insured till the age of 60 years for an assured sum of Rs.5,00,000/- with the opposite parties and paid the first premium of Rs.2,475/- on 8-5-2005 which was received by the field office of PLI Vizianagaram on the same day. The 2nd opposite party issued a letter dated 6-7-2005 stating that the insurance was accepted on 9-5-2005. After the death of her husband on 23-6-2005, the complainant made an application to the respondents and the second respondent by letter dated 4-9-2006 regretted the death of the insured and stated that the proponent expired on 23-6-2005 before acceptance of the proposal for his PLI policy. The complainant submitted that by letter dated 6-7-2005 the respondents stated that they accepted the proposal and now rejecting the claim was quite contradictory and hence approached the District Forum.

    The fourth opposite party filed a counter that the proposal by late N.Premanandam was taken on 8-5-2005 but the said proposal was not accepted till 6-7-2005 as the concerned authorities after following all the formalities accepted the proposal and communicated the acceptance of the proposal with retrospective effect from 9-5-2005. By the date of issuing the said letter, the opposite parties have no knowledge of the death of the insured and as such the letter communicating the acceptance was dispatched but could not be served. The acceptance of the proposal was made on 6-7-2005 i.e. subsequent to the death of the insured and hence the acceptance was void under law and thus though the acceptance was made with retrospective effect the contract of insurance could be concluded only on 6-7-2005. They further submitted that since the contract was not concluded legally the opposite parties were not liable to pay the policy amount and the rejection of the claim was therefore in accordance with law.

    In support of her case, the complainant filed her own affidavit and relied upon documents marked as Exs.A1 to A5. The opposite parties on the other hand filed affidavit of opposite party No.4 and relied upon documents marked as Ex.B1.

    On a consideration of the evidence adduced on either side, the District Forum came to the conclusion that though the letter conveying the acceptance of the insurance proposal mentioned the date of acceptance as 09-5-2005, which is clearly prior to the death of the insured, in as much as the date of letter communicating the acceptance was 6-7-2005 and therefore the said date will only have to be construed as the date of acceptance rendering the acceptance as subsequent to the death knocking the very bottom of the insurance contract or making the insurance contract illusory. In conformity with such finding, the District Forum did not see any merits in the complaint and therefore dismissed the same.

    Aggrieved by the said order, the complainant filed this appeal chiefly contending that when the date of acceptance was clearly spelt out in the letter conveying the acceptance though the letter was subsequent to the death in as much as the date of acceptance mentioned in the said letter was prior to the death, the insurance contract had come into existence even before the death and as a result the complainant became eligible to claim insurance benefits in the wake of the death of the insured. But the District Forum lost sight of this clear position in favour of the complainants, they contended.

    Heard.

    The point that arises for consideration are:

    1. Whether there are any good grounds to interfere with the order of the District Forum?

    2. To what result?

    The essential point that falls for consideration is whether the District Forum was right in obliterating the distinction between the date of acceptance on one hand and the date of letter conveying the acceptance on the other to treat them as one and the same and whether the District Forum was right in further holding that even after the acceptance by the insurance company, perhaps labouring under the impression that the said acceptance would only amount to a counter proposal, the conclusion of the contract failed for want of counter acceptance by the insured as he died by the time he received the letter from the insurance company conveying its acceptance?

    Most of the facts in this case are not at all in dispute. Actually the insurance premium was accepted from the insured on 8-5-2005. He died on 23-6-2005. The opposite party conveyed its acceptance through a letter dated 6-7-2005 wherein it specifically fixed the date of acceptance as 9-5-2005. The above facts are not at all in dispute. In fact they are facts admitted in the pleadings of both sides. The District Forum thought that the date of the letter should be treated as date of acceptance. This is totally wrong for the simple reason that the opposite party consciously fixed the date of acceptance in its letter marked as Ex.A3. In fact the opposite party is clothed with such power as is evident from Regulation No.19(b) which is marked as Ex.B1 on behalf of the opposite party itself. So when such power is there, it is absolutely unwarranted for the District Forum to think that the opposite party never intended to give its acceptance with retrospective effect as it actually did as per Ex.A3. So the view taken by the District Forum is contrary not only to the express provisions of the regulations governing the scheme but also the dicta contained in II (2007) CPJ 143 in LIFE INSURNACE CORPORATION OF INDIA v. BHOOMIKABEN & ORS.which relied upon a judgement by the Supreme Court and the National Commission referred to therein. Apart form this line of approach, the District Forum fell into a further error in thinking that for the consummation of the contract, it was necessary for the insured to give his acceptance to Ex.A3 perhaps treating the purport of Ex.A3 as answering the description of a counter proposal. This is also absolutely unwarranted. Thus the District Forum upheld the repudiation on a wrong appreciation of law and therefore, it cannot be upheld.

    As a result the appeal is allowed setting aside the order of the District Forum and consequently allowing the complaint and directing the opposite parties to pay to the complainant Rs.5,00,000/- with interest at the rate of 9% p.a. from the date of repudiation till the date of realization together with costs in a sum of Rs.1,000/-. As interest is awarded, we do not think that any further compensation can be granted. Time for compliance six weeks from the date of receipt of this order.

  2. #2
    A. N. Krishnan Guest

    Default redumption of NSC

    NSC 6 N S / 50 EE 354508 to 354510 and354512, registration No.2826 inChandra Layout P. O. Bangalore 40, submitted to GC Rastha P.O. Hyderabad-80 on 12-01-2010 for transfer and payment. Let me know about payment.
    Krishnan

  3. #3
    Unregistered Guest

    Default nsc

    i had purchased nsc no 35dd781128 at L B nagar spm on 25/11/204 which was matured on 25/11/2010. I presented at madakasira spo anantapur district for transfer and payment of the above. Since 45 days it is rotating hyderabad to madakasira due to neglegance of L B nagar spm. Kindly looking in to the matter in needfull.

  4. #4
    T Sheshagiri Rao Guest

    Default

    From To
    Sri T Sheshagiri Rao,
    Assistant Technical Officer
    Spl.M.I.Divn ,Rampa@@@@avaram The Assistant Division Manager (P.L.I)
    O/o Chief Postmaster General, DAK SADAN,HYDERABAD-500001
    A.P. Circle


    Respected Sir 

    Sub: - Application for the changes of my P.L.I. Nomination – Request
    – Regarding.

    ***
    It is learnt that you are requesting changes my Policy of P.L.I. Nomination for which I am submitting this application for favour of your kind consideration.
    POLICY DETAILED

    1. Name in the full (in Block letters) & Name of Insurant : TURAKA. SHESHAGIRI RAO
    2. Father Name : BULLAYYA
    3. Age and Date of Birth : 38 Year & 06-05-1974
    4. a). Permanent Address : TURAKA. SHESHAGIRI RAO
    : S/o BULLAYYA
    : Door No.1-31, GURTHEDU (V)& BO
    : Y.RAMAVARAM (M) & SO
    : EAST GODAVARI DISTRICT ,AP
    : PIN NO. 533483
    b).Present Address : TURAKA. SHESHAGIRI RAO
    : Door No.1-235
    : YARRMREDDY NAGAR (V)
    : RAMPA@@@@AVARAM (M) & SO
    : EAST GODAVARI DISTRICT ,AP
    : PIN NO. 533288
    : CELL NO. 9440894508
    5. Policy No : AP/144848-P
    6. Class of Policy : EA/58
    7. Date of Maturity : 05-05-2032
    8. Date of last installment : 01/2032
    9. Sum Assured : 1,50,000/-
    10. Monthly Rate of Premium : 353/-
    11. Date of Declaration : 18-02-2000
    12. Date of Acceptance : 29-02-2000
    13. Age of Entry : 26
    14. Old Name of the Nomination : T. LAHSHMSNA RAO
    Age : 24
    Relation ship : BROTHER
    15. New Name of the Nomination : T. KANCHANA DEVI
    Age : 28 Year &17-8-1984
    Relation ship : Wife
    Already Original Postal Life Insurance Pata issued loan and my Original Postal Life Insurance Pata your office. With my brother nomination before my marriage
    Hence I request to kindly arrange to change the nomination to my wife and Draughts/Son .
    1. My wife Name : TURAKA. KANCHANA DEVI
    Age and Date of Birth : 28 Year &17-8-1984
    Relation ship : Wife
    2. My Draughts Name : TURAKA.CHERCHITHA SAI
    Age and Date of Birth : 7 YEAR & 24-08-2005
    Relation ship : Draught
    3. My Son Name TURAKA .PHITHAMBARESWAR
    Age and Date of Birth 5 YEAR &03-12-2007
    Relation ship Son
    4. My Draughts Name TURAKA.SONALI CHANDANA
    Age and Date of Birth 3 YEAR & 5-09-2009
    Relation ship Draught

    I here by declare that the above mentioned particulars are true and correct to the best of my knowledge and belief.
    Thanking you Sir ;
    Place : Yours faithfully
    Date :

  5. #5
    narendrach is offline Junior Member
    Join Date
    Jul 2012
    Posts
    1

    Default Non-receipt of mails

    Dear Sir/Madam,

    I am a senior journalist, worked with Indian Express group for 20 years, presently residing at the following address :

    Ch.Narendra,
    Flat No 201, Brundavan Elegance, Plot No 19 & 20, Vijayanagar Colony,
    Kukatpally, Hyderabad 500072. Mobile : 9849569050

    I am sorry to say I am not getting regular mail at my address. Earlier, the postman used to deliver mails once in a week, since few months delivering twice in a month. This time for the last one month, I could not received any mails at all.

    I was told it was due to shortage of staff, one postman only is expected to deliver mails to several localities in this area. So he is preferring to deliver mails daily in one are. Even that case also, it is horrible that for a complete month there were no deliveries of mail.

    I request you to look into this and arrange me the facility to get mails regularly. Looking for your prompt aciton.

    With regards,
    Ch. Narendra

  6. #6
    Unregistered Guest

    Default District Consumer Forum-II, tirupati

    Sir, we have sent regd. post on 20.07.2012, R.L.No.2754, Please send delivery imformation about the same.

  7. #7
    ch.venkat rao Guest

    Default delay on payment of national service certificate of 10,000/-

    District Consumer forum Karimnagar district,A.P.

    Respected sir,

    I invite your kind attention to above subject.subject. I am herewith submitting few lines for your kind consideration.I am working in state government employee.Last year july month 2013 I have lost my National Saving Certificate worth of 10,000; for this I have submitted all documents regarding acquiring of other certificate till today there is no response from the post office (pin code 505327)Jagtial town,karimnagar district,Andhra pradesh. The due date is December-2012.

    Hence I requesting you,kindly help in humanitarian ground. Sir, my health not good from last one and half year.I am suffering with cancer decease, I unable to travel any where. I am presently residing the following address.

    Ch.Venkat Rao,
    H.No. 1-8-702l56,
    Om sri Padma Nilaym.
    Padma Colony,
    Nallakunta,
    Hyderabad-500044
    Phone. 9848863626

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