BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :: KADAPA DISTRICT

PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC

                                                                      SRI M.V.R. SHARMA, MEMBER.

Friday, 07^th March 2014

CONSUMER COMPLAINT No.  53/ 2013

1.  Shaik Razia Begum, W/o Late Shaik Ibrahim Basha,

     aged about 52 years, House wife, Muslim.

2.  Shaik Mahaboob Chand, D/o Late Shaik Ibrahim Basha,

     aged about 33 years, Muslim,

3.  Shaik Ashrifun, Late Shaik Ibrahim Basha,

     aged about 28 years, Muslim,

4.  Shaik Paacha Bee, Late Shaik Ibrahim Basha,

     aged about 26 years, Muslim.

     All are residing at Vallur Village and Mandal,

     YSR District.                                                                 ….. Complainants.

Vs.

1.  Postal Superintendent, Head Post Office, Kadapa City.

2.  Post Master, Head Post Office, Kadapa City.                    …..  Respondents.

This complaint coming on this day for final hearing on 5-3-2014 in the presence of Sri V. Eswara Reddy, Advocate for complainant and Sri                              P. Subramanyam, Advocate & Govt. Pleader for respondents and upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per Smt. K. Sireesha, President FAC),

1.             Complaint filed under section 12 & 14 R/w Sec. 2 (1) of the C.P. Act 1986.

2.             The brief facts of the complaint are as follows:-   The complainants are residing at Vallur Village and Mandal, YSR District.  One Shaik Ibrahim Basha, S/o Abdul Kareem, who was the husband of the 1^st complainant and father of the complainants 2 to 4.  He died on 8-11-2014 due to ill health.  While he was alive he invested of Rs. 50,000/- under 5 ½ year Kisan Vikas Patra Scheme in the respondents Post office on 26-8-1995 and the 2^nd respondent had issued a Kisan Vikas Patra Certificate bearing No.  5 ½ KVP/01GG461749, dt. 26-8-1995 to the 1^st complainant husband Shaik Ibram Basha.  In KVP certificate the 1^st complainant was appointed as a nominee by her husband shaik Ibrahim Basha.  The KVP Certificate holder and nomination registered No. 12387, dt. 26-8-1995 mentioned in the KVP certificate by the 2^nd respondent.  The 1^st complainant is the nominee of the KVP certificate bearing No.  5 ½ KVP/01GG461749 amount of Rs. 50,000/- with accrued interest thereon.     

3.             It is submitted that the 1^st complainant’s husband died on 8-11-2014 due to ill-health.  He was alive he invested a sum of Rs. 50,000/- under 5 ½ KVP Certificate scheme on 26-8-1995.  His wife or his children are not known he invested the amount of Rs. 50,000/- under KVP Scheme and took KVP certificate from the 2^nd respondent post office.  The 1^st complainant’s husband secretly invested the amount of Rs. 50,000/- in the respondents post office and took KVP certificate for the said amount, the KVP certificate kept in Gardage Beeruva in secret place later he lost memory power due to ill-health and he did not remember relating to his KVP certificate due to loss of memory power.  Due to which KVP Certificate holder was forget his KVP certificate and he died on      8-11-2014.  Later the 1^st complainant was recently searched Gardaze Beeruva and she found KVP Certificate in Beeruva in the month of January 2013  and KVP Certificate stands in the 1^st complainant’s husband name and also mentioned in the said certificate nomination registered No. 12387.  After found the certificate the 1^st complainant immediately approached the 2^nd respondent and she had shown original KVP Certificate and given one Xerox copy of the KVP Certificate to the 2^nd respondent and she requested the 2^nd respondent settling her husband KVP Certificate amount of Rs. 50,000/- with accrued interest thereon upto date.  But the respondents not taken any steps for settling KVP certificate amount, on other hand all those days postponing.    The complainant got issued legal notice through her advocate on 4-4-2013 to the respondents for payment of KVP certificate bearing No. 5 ½ KVP/01GG461749, dt. 26-8-1995 amount of Rs. 50,000/- with accrued interest upto date as per postal rules and the 2^nd respondent received the legal notice but the 2^nd respondent gave a reply notice dt. 16-4-1995 of Kisan Vikas Patra registration No. 16406 dt. 26-8-1995 certificate No. 01GG461749 for Rs. 50,000/- of Kadapa Head Office are not traced even after efforts made by the respondents office.  The respondents not kept records properly and not made repayment of the KVP Certificate amount of Rs. 50,000/- with accrued interest thereon up to date as per Postal rules.  It is the deficiency of service on the part of the respondents.   Hence, the complaint. 

4.             The cause of action arose, the 1^st complainant searched the Gardaze Beeruva in the month of January 2013 and she was found the KVP Certificae bearing No. 5 ½ KVP/01GG461749, dt. 26-8-1995 for value of Rs. 50,000/- and immediately approached to the respondents office and shown original certificate to the 2^nd respondent and gave one Xerox copy of to the 2^nd respondent and got issued legal notice to the respondents on 4-4-2013 and R2 gave falsely reply notice on 19-4-2013 and the complainants are residing Vallur Village and Mandal, Y.S.R District and the respondents are situated in Kadapa city within the jurisdiction of this Hon’ble Forum.  A court fee of Rs. 100/- is paid by way of I.P.O.

5.             Therefore, prayed that the Hon’ble forum may be pleased to direct that (a) the Respondents to pay KVP Certificate bearing No. 5 ½ KVP / 01GG461749, dt. 26-8-1995 amount of Rs. 50,000/- with accrued interest thereon to the complainants from 26-8-1995 till the amount realization, (b) to direct the respondents to pay a sum of Rs. 10,000/- to the complainants for mental agony caused to them due to deficiency of service on the part of the respondents and (c) direct the respondents to pay a sum of Rs. 10,000/- towards the cost of complaint and order passed as such other relief or reliefs as the Hon’ble forum deems fit and proper under the circumstances of the case in the interest of justice.     

6.             The counter of R1 and R2.   The complaint filed by the complainants are not maintainable either in law or on facts.  The complainants are strictly prove of all allegations except those which are admitted by this opposite parties. 

7.             Late one Shaik Ibrahim Basha had purchased Kisan Vikas Patra (KVP) certificate No. 01GG 161749 denomination Rs. 50,000/- on 26-8-1995 registered under No. 16406 at Cuddapah Head Post Office.  As seen from the KVP Certificate the nomination was registered under N o. 12387, dt. 26-8-1995.  Unless the nomination particulars are verified with the application for purchase of KVP, it cannot be confirmed in favour of whom the investor nominated. 

8.             No comments are offered as regard to the personal submission made by the complainant No. 1, as regards payment of maturity value.  It is true, that complainant No. 1 had approached the Head Post Office, Cuddapah.  The original application purchased by Shaik Ibrahim Basha and other connected records are not traceable.  As ascertained (i) the record has been misplaced during the modernization of Head Post office in the year 2008.  (ii) The purchaser namely Shaik Ibrahim Basha did not encash the certificate after the completion of the maturity period of 5 ½ years, dt. 26-2-2011, (iii) The maturity value of the KVP will be above Rs. 1,00,000/-.   The investor reported to have died on 8-11-2014 as such the complainant No. 1 was requested to produce the succession certificate to avoid further legal complications.  There is no deficiency of service or any malafied intention of the department.   The R2 is ready to pay the maturity value of KVP amount of Rs. 50,000/- along with post maturity interest to the legal heir.    It is therefore, prayed that the Hon’ble Forum be pleased to dismiss the complaint against the respondents in the interest of justice. 

9.             On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainant is eligible for compensation as prayed by the complainants?  
2. Whether there is negligence or deficiency of service on the part of there Respondents?
3. To what relief?

10.            On behalf of the complainant Ex. A1 to A7 were marked.

11.            Point Nos. 1 & 2.   As seen from the complaint, it is very clear that the complainant No.1’s husband late Shaik Ibrahim Basha, S/o Abdul Kareem had invested Rs. 50,000/- under 5 ½ year “Kisan Vikas Patra Scheme”  in respondents office on 26-8-1995 for the same the R2 issued KVP Certificate bearing No. 5 ½ KVP/01GG461749dt. 26-8-1995 under Ex. A1.   Complainants 2, 3 & 4 are the daughters of Late Shaik Ibrahim Basha.  Ex. A2 clearly shows that Shaik Ibrahim Basha died on 19-11-2004.   Before the death of Shaik Ibrahim Basha due to ill-health he had forgotten about KVP certificate which was invested in the respondent’s office.   After his death the complainant No. 1 found KVP bonds in the month of January 2013.  As per counter filed by the respondents, it seems that they have no objection if the complainant No. 1 produce the succession certificate to avoid further legal complications to settle the KVP amount to late Shaik Ibrahim Basha.  Ex.A3 is the family members certificate issued by M.R.O., Yerraguntla dt. 24-1-2005 clearly shows that at that time the complaint No. 2 was married and complainant No. 3 & 4 are majors at that time and the complainant No. 3 & 4 are also got married as there are no rival claims KVP dt. 26-8-1995 for Rs. 50,000/- in the name of Shaik Ibrahhim Basha, who is the husband of the 1^st complainant.   The respondents also had no objection to clear the KVP certificate amount along with interest and they had asked the complainant No. 1, to produce succession certificate to settle the claim to avoid further legal complications.  From all the above evidence the complainants are eligible for the claim as prayed by them.   The respondents 1 & 2 are directed to collect the original KVC bond bearing No. 5 ½ KVP/01GG461749, dt. 26-8-1995 from the complainants and settle the claim.  

12.            Point No. 3 In the result, the complaint is allowed, directing the respondents 1 & 2 jointly and severally liable to pay Rs. 50,000/- (Rupees fifty thousand only) along with maturity value of Kissan Vikas Patra certificate, bearing No. 01GG161749, dt. 26-8-1995, in the name of the deceased husband of the complainant No. 1 and father of the complainants 2, 3 & 4 with 9% interest from the date of maturity till the date of realization.  The 1^st complainant as a widow lady is entitled to 3/4^th share in total amount along with interest (75%) remaining 1/4^th share will be distributed equally (25%) among 2, 3 & 4 complainants.  The compensation claim of the complainants is not allowed.  The cost of the complaint Rs. 5,000/- (Rupees five thousand only) is payable by the respondents 1 & 2.  The respondents are directed to comply the order within 45 days of date of receipt of orders.

                Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 7^th March 014

MEMBER                                                                                   PRESIDENT FAC

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant    NIL                                    For Respondents :     NIL      

Exhibits marked for Complainant  : -

Ex. A1       Original Kisan Vikas Patra bearing No. 5 ½ KVP/01GG461749,

dt. 26-8-1995 of Rs. 50,000/- issued by the post Master, Post office,

kadapa

Ex. A2       P/c of death certificate of the deceased Shaik Ibrahim Basha,

dt. 19-11-2004.

Ex. A3       P/c of Family Members Certificate of deceased Shaik Ibrahim Baha

                issued by  MRO Yerraguntla.

Ex. A4       Office copy of legal notice dt. 4-4-2013.

Ex. A5       R2 reply legal notice dt. 16-4-2013.

Ex. A6       P/c of Pension certificate of complainant i.e. deceased Shaik Ibrahim

                Basha.

Ex. A7       P/c of Ex-servicemen Identity card of deceased Shaik Ibrahim Basha. 

Exhibits marked for Respondents: -                      

MEMBER                                                                               PRESIDENT FAC

Copy to :-

1. Sri V. Eswara Reddy, Advocate for complainants.
2. Sri P. Subramanyam, Advocate & Govt. Pleader for Respondents.

B.V.P.                                                        - - -