DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _336_ OF ___2015_
DATE OF FILING : 24.7.2015 DATE OF PASSING JUDGEMENT: 23.08.2017
Present : President :
Member(s) : Jhunu Prasad & Subrata Sarker
COMPLAINANT : 1. Basabdatta Sarkar, wife of Simul Sarkar
2. Simul Sarkar, son of Sri Gouri Sankar Sarkar
Both of 1017, Mahatma Gandhi Road, Near Netaji Pally Club, Haridevpur, P.S Haridevpur, Kolkata – 700 082.
-VERSUS -
O.P/O.Ps : 1. Chief Post Master General, West Bengal, Yogayog Bhawan, Kolkata – 700 001, P.S Hare Street.
2. Senior Suprintednent of Post Offices, South Kolkata Division, P.S Tollygunj, Kolkata – 700 020.
3. Sub-Post Master, Haridevpur Post Office, P.S Haridevpur, Kolkata – 700 082.
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J U D G E M E N T
Jhunu Prasad, Lady Member
Brief facts which are necessary to dispose of this case are recapitulated as under:-
In diminutive, the case of the complainant, is that, the complainants jointly purchased three kisan Vikas Patras in total Rs. 25,000/- Being Nos.50CD 616255, 50CD 616256 and 09BC 060865 respectively from the office of the Assistant Post Master, Siliguri and those Certificates are registered as being No. 5802 on 01.11.2004 and those three Kisan Vikash Patras were matured on 01.06.2013.
Thereafter the Complainant no.1 on 28.04.2004 applied before the Post Master, Haridevpur Post Office for encashment of the said Kisan Vikash Patras and complied all formalities by giving all details and enclosed the photocopies of those certificates along with the said application. On the last week of July the complainant No.1 was informed that she had to apply before the Sub –Post Master, Haridevpur Post Office again jointly with her husband and handed over a photocopy, wherefrom it was depicted that the Sub–Post Master, Haridevpur Post Office forwarded a office note through SSPO, South Kolkata division to Assistant Post Master, Siliguri Vide No. HDP/KVP.vfn/450/2014-2015 at Kolkata – 82 on 01.05.2014 ‘to verify the full particulars………also intimate him that the original checked are found correct, negative and stolen list lodged and checked and verified’ and further office endorsement from Post Master(HOSB), Siliguri to the Post Master, Haridevpur Post office dated 16.06.2014 with office report and also noted that signature of Simul Sarkar, the complainant No.2 is required. The Complainants again applied jointly with full particulars of the certificates to the Sub –Post Master, Haridevpur Post Office and thereafter several times contacted with the post Master Haridevpur Post office to expedite the process, but each and every time the O.P.No.3 assured that they are doing their best to encash the certificates, but the O.Ps did not do anything regarding the encashment of the said Kisan Vikash Patra.
The Complainants sent an advocate letter to the O.Ps to encash the said kisan Vilash Patra, but the O.P No.1 replied by letter being No SB3/L-189/33/2015 dater 10.04.2015 that the matter was forwarded to the SPOs Darjeeling Division for taking necessary action to settle their claim immediately. Thus the O.Ps deliberately ignored to encash of the said KVP.
Hence the complainants filed this instant complaint.
Issued notices upon the O.Ps.
Resisting the complaint, the O.Ps filed written version denying the contentions and all material allegations made by the complainants in the petition of complaint and stating inter alia, that the complainants have no cause of action to file the instant case, the case is not maintainable.
The specific case of the O.Ps, in crisp, is that the application for transfer of the KVP certificates had immediately been forwarded to SPOs, Darjeeling division for necessary verification. After due verification by issuing office and after receiving the same through Darjeeling division the said application was sent to Haridevpur S.O and the petitioner was advised to apply before the Post Master, Haridevpur S.O along with details of certificates and the Petitioners also did the same.
In the written version the O.Ps stated that necessary action towards encashment of KVP certificates had been taken instantly in respect of this instant case also. The petitioners/ investors could encash the certificates from Haridevpur S.O at any time after production of original certificates at Haridevpur S.O.
In the written version the O.Ps also stated that one A/C payee cheque had already been issued in favour of the Basabdutta Sarkar and Smt. Basabdutta Sarkar was informed to take the cheque as maturity amount from Haridevpur S.O.
Therefore the O.Ps prayed to direct the complainants to take maturity amount against the said KVP certificates from Haridevpur S.O on production of original KVP certificates duly signed by the investors.
Except above averment, all the allegation made by the complainants in the petition of complaint, against the O.Ps are strongly denies and disputes and prays to dismissal of the instant case.
Points for Determination :-
- Is the complainant entitled to get relief as prayed for?
Decision with Reasons:-
At the time of argument the complainants and the O.Ps filed affidavit –in- chief, BNA, and some Xerox copies of documents to support of their claim.
We have carefully considered the submissions made before us by the Ld. Advocate of the complainants and O.Ps and perused all the material documents on record.
On overall evaluation of the argument advanced by the Ld. Advocates of both parties, and on critical appreciation of the case record, it is clearly evident that admittedly the complainants jointly purchased three KVP certificates amounting to Rs.10,000/-,Rs.10,000/- and Rs.5,000/- each bearing Nos. 50CD616255, 50CD616256 and 09BC060865 respectively from the office of the Assistant Post Master, Siliguri and registered as NO 5802 dated 01.11.2004 and those three KVP certificates have already been matured on 01.06.2013.
The record reveals that on 28.04.2014 the complainant No.1 applied for encashment of the said KVP certificate before the Sun – Post Master, Haridevpur Post Office by giving the details of three KVP certificates.
Facts remains that the complainants several times contacted with the Post Master, Haridevpur to encash of the said KVP certificates, but the O.Ps delayed the matter.
In written version the O.Ps stated that the complainants did not submit original KVP certificates and, so that, they failed to pay the matured amount in favour of the complainants. On the contrary it is found from the record that after filling of the complaint case the O.Ps tendered a cheque amounting to Rs. 54,833/- in favour of the complainants without asking for any original KVP certificates.
If the Haridevpur Post Office makes such payment without asking for original KBP certificates and subsequent their demand for original KBP certificate is contradictory to their acts and conducts. Particularly they are delaying the process and harassed the complainants from pillar to post.
Manifestly, it is found from the record that inspite of giving all formalities for encashment of the said KVP certificates the O.Ps deliberately and intentionally ignored to pay the same before filing of the case which tantamount to deficiency of service within the per view of section 2(1)(g) of C.P. Act 1986 and O.Ps are liable to pay of Rs.50,000/- total matured amount of the said KVP certificates to the complainants.
Accordingly, we are of the view that the O.Ps are committed gross deficiency in service within the purview of section 2(1)(g) of C.P. Act 1986 and liable for payment the mature amount of Rs.50,000/- with 9% interest to the complainants.
Therefore, we have no hesitation to hold that the complainant is entitled to get relief as prayed for and consequently the points for determination are decided in affirmative.
In short, the complainant deserve succeeds.
In the result we pass
ORDER
That the complaint be and the same is allowed on contest against the O.Ps with cost of Rs.1,000/-
That the O.Ps are jointly and severally directed to pay the total matured amount of KVP certificates with 9% interest from the last date of maturity till realization within 30 days from the date of this order to the complainants.
That the O.Ps are also jointly and severally directed to pay of Rs.10,000/-as compensation and Rs.1,000/- as litigation cost to the complainant within 30 days from the date of this order.
Failing which the entire amounts shall carry interest @12% p.a. for the default period.
Let copy of this order be supplied to the parties free of cost when applied for.
Member Member
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDER
That the complaint be and the same is allowed on contest against the O.Ps with cost of Rs.1,000/-
That the O.Ps are jointly and severally directed to pay the total matured amount of KVP certificates with 9% interest from the last date of maturity till realization within 30 days from the date of this order to the complainants.
That the O.Ps are also jointly and severally directed to pay of Rs.10,000/-as compensation and Rs.1,000/- as litigation cost to the complainant within 30 days from the date of this order.
Failing which the entire amounts shall carry interest @12% p.a. for the default period.
Let copy of this order be supplied to the parties free of cost when applied for.
Member Member
