West Bengal

Birbhum

CC/135/2015

Krishna Hazra, W/o Lt Bishnu Hazra - Complainant(s)

Versus

Superintendent, Suri Head Post Office, India Post - Opp.Party(s)

Sanjit Kr Acharya

30 Aug 2016

ORDER

The complaint filed by one Krishna Hazra against the Superintendent, Department of Post, Suri Head Post office and others, is that Bishnu Hazra husband of the complainant purchased a policy under Rural Postal Life Insurance from O.P No.2. The insured died in thunder struck at Paschim Midnapur during the policy in force. Being nominee of the policy the complainant submitted all the relevant documents along with the original policy certificate to O.P No.2 who sent it to the SDIPO, Sainthia Sub Division Office through registered post. Thereafter the complainant visited the office of O.Ps several times but she did not get any response from the O.Ps.

The O.Ps Superintendent of Post Suri District Head Office and other appeared but did not file written version.

Both parties have field certain documents. Upon pleadings of the parties the point of deficiency in service on the part of the O.Ps is to be discussed.

DECISION WITH REASONS

Ld. Advocate for the O.Ps filed certain documents. Sanctioned letter for payment of policy value to the nominee, one of the documents filed by the O.Ps reveals that there was no controversy over the death of the insured who had a policy being No. R /WB/CA/EA/1104518 under the O.Ps. It is also admitted that Krishna Hazra, nominee of the deceased insured have filed the claim form along with all relevant documents to the O.Ps within 30.07.2013. The O.P Superintendent, Suri Head Post Office has filed a copy of sanction letter to Krishna Hazra for information that policy value of Rs. 30,000 and bonus Rs. 6000, total Rs. 36000 is payable to the nominee. The letter issued on 16.06.2016 i.e. after two years 10 months from the date of submission of the claim form.

The documents like postmortem report, final report and investigation report u/s 174 Cr.P.C says that the death was unnatural in nature due to thunder lightening. According to provisions of the Rule 52(2)for payment of policy 52(2) if the claim is found admissible the Head of Division shall issue an order for payment of the sum assured within 30 days. If the delay in payment of claim was attributable to​ administrative delay, ex gratia payment of interest @ 8% P.A on the unsettled amount of claim shall be paid for the delay beyond the period for more than 30 days from the actual date of receipt of complete claim papers.

The O.Ps did not consider the provision of Rule 52(2) and its exception at the time of issuing the delayed payment order. This is deficiency in service on the part of the O.P No.1.

Proper fees have been paid.

Hence,

O R D E R E D

                                                that C.F case No. 135/2015 be and the same is allowed in part against the O.P Superintendent of Post, Suri Head Post Office.

The O.P No. 1 is directed to pay Rs. 36000 as per payment order, 8% interest on Rs. 36000 from August 2013 till the date of actual payment and Rs. 2000 as litigation cost. The payment shall be made to the complainant within one month from the date of this order failing which the complainant shall be at liberty to execute the order as per law and procedure.

            Copy of this order be supplied to the parties each free of cost.