STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                       APPEAL NO. 413 OF 2016

              (Against judgment and order dated 22-01-2016 in Complaint

              Case No. 49 of 2015 of the District Consumer Forum, Basti )

01.Mandal Up-Prabandhak

     (Deputy Divisional Manager)

     Postal Life Insurance

     Office of Chief Post Master General

     U.P. Circle, Lucknow

02.Superintendent of Post Offices

Basti Division

Basti

03.Dak Mahanideshak (Director General)

Life Insurance Directorate Dak Vibhag

Chanakyapuri, P.O. Complex

Delhi-110021

                                                                                                    ...Appellants

                                                           Vs.

Rajendra Prasad

Assistant Teacher

Prathmik Vidyalaya, Village Kathnauli

Post Pursiya, District Basti

Present Address : Purva Madhyamik-

Vidyalaya Dhamaura

District Basti

                                                                                           ...Respondent

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

For the Appellant                 :    Dr. Uday Veer Singh, Advocate.

For the Respondent              :    Sri Parmeshwar Nath Mishra, Advocate.                 

Dated :   24-08-2017

                                                  JUDGMENT

        MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

          This is an appeal filed under Section-15 of the Consumer Protection Act 1986 before State Commission against judgment and order dated 22-01-2016 passed by District Consumer Forum, Basti in Complaint Case No. 49 of 2015 Rajendra Prasad V/s Mandal Up-Prabandhak and others whereby the District Consumer Forum has allowed complaint and ordered opposite parties to pay interest at the rate of 6% per annum on Rs.1,71,500/- from the date of maturity of policy till date of actual payment to the complainant

:2:

 within 60 days from the date of judgment.  The District Consumer Forum has further ordered opposite parties to make payment of Rs.10,000/- as compensation to the complainant for mental and physical harassment as well as Rs.5,000/- as cost of litigation.

Feeling aggrieved with the judgment and order passed by District Consumer Forum opposite parties of complaint have filed this appeal.

Learned Counsel Dr. Uday Veer Singh appeared for appellants.

Learned Counsel Mr. Parmeshwar Nath Mishra appeared for respondent/complainant.

I have heard learned Counsel for the parties and perused impugned judgment and order as well as records.

It has been contended by learned Counsel for appellants that the delay in payment of maturity amount of postal life insurance policy of respondent has taken place due to change in calculation method made in pursuance of direction issued by DG Post New Delhi. This delay is neither a deficiency in service nor negligence. It has been further contended by learned Counsel for the appellants that compensation awarded by District Consumer Forum for mental and physical harassment is against law. It has been contended by learned Counsel for the appellants that delay has not been caused deliberately. It is only due to change in procedure. The cost imposed by District Consumer Forum on appellants is not justified.

Learned Counsel for respondent has opposed appeal and has contended that the impugned order passed by District Consumer Forum is in accordance with law.

I have considered the submissions made by learned Counsel for the parties.

The District Consumer Forum has ordered payment of interest at the rate of 6% per annum on the maturity amount of Rs.1,71,500/- from the date of maturity to actual payment. The respondent/complainant has been sufficiently compensated for the delay in payment. Considering this aspect of the case we are of the view that Rs.10,000/- awarded by District Consumer Forum as compensation for mental and physical harassment as well as Rs.5,000/- awarded as cost should be set aside as the delay in

:3:

payment has taken place due to change in procedure made in pursuance of direction issued by DG Post, New Delhi.

In view of above the appeal is allowed partially. Impugned judgment and order is set aside to the extent of compensation of Rs.10,000/- and cost of Rs.5,000/-. Remaining part of impugned judgment and order is upheld.

Rs.10,000/- deposited by appellants under Section-15 of the Consumer Protection Act, 1986 in this appeal shall be remitted by the Registrar to the District Consumer Forum concerned who shall pass appropriate order for the disposal of said amount in terms of this order passed in the appeal.

Let copy of this order be made available to the parties within 15 days positively as per rules.

( JUSTICE A H KHAN )

                                                                                                       PRESIDENT

Pnt.