Sri Ashoke Kumar Pal, President
The case of the complainant in short is that they deposited Rs.50,000/- in five Kisan Vikash Patra (KVPs) being KVP Nos: 10CE786034, 10CE782359, 10CE782360, 10CE782361 and 10CE782362 and all the Kisan Vikash Patra Certificates have been issued in favour of the complainants Nos.1 & 2 on 18.01.2010 and the date of maturity was fixed on 18.10.2018. Subsequently, due to urgent need of money the complainants with the intention to premature encashment on 01.11.2013 handed over the said five KVP Certificates to the Office of the OP No.2 who received the same for the purpose of processing to disburse the claim of the complainant. Thereafter on several occasions, the complainants visited the office of the OP No.3 but they were refused on various pretext and even after the date of maturity i.e., 18.10.2018 the OPs failed to disburse the maturity amount in favour of the complainants which prompted the complainants to file the instant case on the relief sought for in the petition of complaint.
The OP Nos. 1 to 4 contested the case by filing W/V denying all the material allegations and contended that the case of the complainants is false. The specific case of OPs is that the misappropriation of huge fund in Fetepur Post Office regarding the issuance of forged / duplicate KVP Certificates to different customers have been done and some of the certificates of these complainants are also involved. FIR was lodged before Palta P.S, and investigation is pending. Departmental enquiry is also going on and final report of the enquiry is pending for which OPs could not satisfy the claim of the complainants and could not pay the maturity amount. The OPs also denied the other material averments of the petition of complainant parawise and prayed for dismissal of the case with cost.
Points for consideration:-
- Are the complainants consumers?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get the relief as prayed for?
Decision with Reasons :-
Point No. 1 :-
On perusal of the case record along with documents, it appears that the complainants purchased five Kisan Vikash Patras (KVPs) amounting to Rs.50,000/- (Rs.10,000/- each) on 18.01.2010 and the date of maturity was 18.10.2018. Copies of the said KVPs have been filed along with petition of complaint appearing seal and signature of the OP No.1. Therefore, it is crystal clear that the complainants are the consumers as defined in Section 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainants and against the Opposite Parties.
Point No.2 :-
The complainants purchased five KVPs on 18.01.2010 amounting to Rs.50,000/- (Rs.10,000/- each) and the date of maturity was 18.10.2018. Even after the date of maturity the OPs failed and neglected to hand over the matured amount to the complainants despite the original certificates were handed over to the OPs for verification and for other formalities. The complainants visited the office of the OPs several times with documents but the OPs failed and neglected to pay the matured amount to the complainants. Therefore, it is clear from the averment of the complainants, that the OPs are guilty of deficiency in service.
As such, the second point is also decided in favour of the complainants and against the OPs.
Point No.3 :-
The complainants purchased five KVPs amounting to Rs.50,000/- (Rs.10,000/- each) from the OPs on 18.01.2010 and the date of maturity was 18.10.2018. Despite the signatures of all the five KVPs by the complainants to the OPs after the date of maturity, the OPs failed and neglected the pay the complainants the maturity amount. In spite of moving pillar to the post by the complainant, no fruitful result was achieved and the complainants were harassed and suffered huge financial loss for such in action on the part of the OPs. Ultimately, as the complainants did not get any positive response from the OPs and did not get the matured amount of the KVPs they have been compelled to file the present case against the OPs on the relief sought for in the petition of complaint. As such there is no hesitation to conclude that the complainants are entitled to get the relief as prayed for as the OPs did not pay back the maturity amount of the five KVPs to the complainants. As such, the complainants failed to get certificates from the OPs. On the other hand, the complainants were harassed by the OPs by various ways. Therefore, the complainants were entitled to get the relief as prayed for.
Thus the third point is also decided in favour of the complainants and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant case be and the same is allowed on contest against OP Nos. 1 to 4 with cost of Rs.10,000/- (Rupees ten thousand) and exparte without cost against the OP Nos. 5 to 9.
The OP Nos.1 to 4 are jointly and severally liable and directed to pay back the maturity amount of the five KVPs amounting to Rs.1,00,000/- (Rupees one lakh) with simple interest @12%per annum from 18.10.2018 (date of maturity) till the date of final realization thereof within 60 days from the date of passing this order.
The OP Nos. 1to 4 are jointly and severally liable and directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty thousand) for mental pain and agony suffered by the complainants and deficiency in service from the part of the OPs, within 60 days from the date of passing this order i.d., it will carry interest @ 12% p.a. from the date of passing this order till the date of final realization thereof.
The OP Nos. 1 to 4 are jointly and severally liable and directed to pay the litigation cost of Rs.10,000/- (Rupees ten thousand) within 60 days from the date of passing this order.
The complainants are at liberty to put the order into execution after the expiry of 60 days if the orders are not complied with by the OPs within the stipulated period of 60 days from the date of passing this order.
Let a copy of the order be supplied free of cost to both the parties as per rules.
The Final order will be made available in www.confonet.nic.in .
Dictated and corrected by me.
President
