LAWS(NCD)-2003-9-215

UNION OF INDIA Vs. ANAND SWAROOP BHATNAGAR

Decided On September 16, 2003
UNION OF INDIA Appellant
V/S
ANAND SWAROOP BHATNAGAR Respondents

JUDGEMENT

(1.) This appeal has been filed by Union of India, through Chief Post Master General, U. P. Circle, Lucknow. The sole contesting opposite party is Sri Anand Swaroop Bhatnagar, complainant. The judgment and order dated 21.6.1993 passed in Complaint Case No.68/1992 is the subject matter of challenge in this appeal. By the aforesaid judgment, the District Forum, Lucknow has directed that the premium deducted from the salary of the complainant for the months of December, 1990 and January, 1991 regarding his Postal Insurance Policy Nos.439959-P, 504173-P, 527671-B and 536501-P amounting to Rs.35.50, Rs.52.50, Rs.71.00 and Rs.111.10 respectively be added towards the surrender value. It further directed that bonus @ Rs.70/- per thousand be added and a sum of Rs.2,000/- was directed to be paid as compensation and whatever be surrender value calculated as per the directions above be paid with 13% interest with effect from 1.3.1991 till the date of the payment. It further directed that the premium paid for the month of March, 1991 be refunded to the complainant. Aggrieved, the Chief Post Master General has come in appeal.

(2.) Mr. Yogesh Kesharwani, Counsel for the appellant and Mr. D. P. Mishra, learned Counsel for the complainant have been heard. In addition, Sri Anand Swaroop Bhatnagar, complainant was also heard in person.

(3.) Since the facts are not in dispute, full details are not necessarily to be incorporated. Suffice it to say that the aforesaid four postal insurance policies came to be surrendered by the complainant in the month of February, 1991 and he claimed the surrender value on all the four policies. According to the complainant, the value calculated was ignoring the payments made by the complainant through the monthly deductions from his salary for the months of December 1990, January 1991, and February 1991, therefore, he did not accept the surrender value as calculated and attempted to be paid. He further claimed Rs.70/- bonus per thousand for the year ending March, 1991.