16.....28.12.2021...
The Ld. Advocate for the complainants is present.
Today is fixed for delivery of final order. Final order containing 4 pages is ready. It is sealed, signed and delivered in open Commission.
It is,
ORDERED
That the Complaint case be and the same is hereby dismissed on contest against the O.Ps. without cost.
Let copies of the Final Order be supplied and handed over to the parties / their agents as per rules.
The Final Order will also be available in the following website: www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. NO. 53 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
08.09.2020 28.09.2020 28.12.2021
Present : President : Asish Kumar Senapati
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : 1. Smt. Shibani Sardar, W/o. Bapi Sardar,
Residing at Anandapally, Village & P.O. – Champahati, P.S. – Baruipur, Dist. – South 24 Parganas, Pin-743 330
Versus
O.P/O.Ps : 1. The Sub Post Master, South Garia Post Office, Vill. & P.O. – South Garia, P.S. – Baruipur, Dist. – South 24 Parganas, Pin – 743 613.
2. The Superintendent of Post Officers, South Presidency Division, Baruipur, P.S. – Baruipur, District - South 24 Parganas, Pin – 700 144.
For the Complainant : Sri Ajoy kumar Chakrabarty, Advocate
For the OPs : Sri D. Ghosh, Advocate.
Sri Asish Kumar Senapati, President
This is a complaint filed by One Shibani Sardar (herein after referred to as the Complainant) against the Sub Post Master, South Garia Post Office and another (herein after referred to as the Opposite Parties) praying for a direction to pay Rs.60,000/- + interest and to pay compensation of Rs.10,000/- and litigation cost of Rs.10,000/- against the OPs alleging deficiency in service.
The sum and substances of the complaint case is as follows :
The complainant purchased two Kisan Vikas Patra amounting Rs.10,000/- and Rs.5,000/- on 01.09.2006 from the OP No.1 and maturity period was after five and half years. She also purchased two other K.V.Ps being Nos. 08CE369527 and 60BC332477 on 03.10.2009 amounting Rs. 10,000/- and Rs. 5,000/- respectively and the date of maturity was 03.05.2018. In spite of claim of the maturity amount by the complainant, the OP No.1 did not pay the matured amount to the complainant. Hence, the complainant has filed the case praying for reliefs.
The OPs contested the case by filing W/V on 19.01.2021 contending that the case is not maintainable. It is the specific case of the OPs that the complainant only visited the OP No.1 on 10.10.2020 with the photo copy of the KVP Certificates and she was requested to submit to all original KVP Certificates along with relevant KYC documents for getting maturity amount but the complainant never deposited the original KVP Certificates or KYC documents. The OP No. 1 is always ready to pay the maturity amount of four KVP certificates with interests as per rules. Hence, the complaint case merits dismissal with cost.
On the basis of the above versions, the following points are framed for proper adjudication of the case :-
- Is the complainant a consumer under the provisions of C.P Act?
- Is the case maintainable?
- Is there any deficiency in service on the part of the O.Ps.?
- Is the complainant entitled to get any relief against the O.Ps., as prayed for?
Decision with reasons
Point Nos. 1 to 4:
The Ld. Advocate for the complainant submits that the complainant is a consumer and this Commission has jurisdiction to entertain the complaint. It is contended that the O.Ps. paid the maturity amount of KVPs with interest to the complainant only after filing of this case. It is argued that the complainant has been harassed and has suffered mental agony due to non-payment of maturity amount with interest in respect of four KVPs for a long period. He prays for compensation and litigation cost against the OPs.
In reply, the Ld. Advocate for the OPs submitted that the complainant had already received the entire maturity amount with interest and there is no deficiency in service on the part of the OPs. It is urged that the OPs could not process the payment of KVPs due to want of original KVP Certificates and KYC documents.
The complainant and the OPs prayed for treating their written complaint and W/V as evidence and it was allowed.
We have gone through the materials on record and considered the submission of both sides. It is the allegation of the O.Ps. that the O.P. No. 1 could not process payment of maturity amount of KVPs as the complainant did not deposit original KVP certificates for receiving payment.
On going through the materials on record, we find that the complainant filed an application on the date of filing the case i.e. on 08.09.2020 stating that the complainant was unknown about the process of procuring the maturity amount from Post Office and the Post Master told her to submit the original KVPs to receive the money and she also stated that some other KVP holder cheated earlier by the Post Office as they received the KVP certificates but did never pay them. Therefore, it is clear that the complainant did not produce the original KVP Certificates before the OP No.1 for getting the maturity amount. We find valid substance in the submission of the Ld. Advocate for the OPs. that OP No.1 could not disburse the maturity amount without getting the original KVP Certificates and KYC documents, specially when the KVP Certificates were under the custody of the complainant. On hearing the submission of both sides it is clear that the complainant has already received the maturity values of KVPs along with interest after depositing original KVP Certificates and KYC documents. The O.Ps. are duty bound to obey the rules and regulations of the Postal Departments for disbursement of maturity value of KVP certificates and this Commission cannot direct the O.Ps. to release maturity value of KVP certificates by ignoring the rules and regulations of the Postal Department. Hence, we are of the considered view that the OPs. have no deficiency in service as they never refused to pay the maturity values of the KVPs. Therefore, we think that the complainant is not entitled to get any relief against the OPs.
In the result, the complaint case fails.
Hence, it is
ORDERED
That the Complaint case be and the same is hereby dismissed on contest against the O.Ps. without cost.
Let copies of the Final Order be supplied and handed over to the parties / their agents as per rules.
The Final Order will also be available in the following website: www.confonet.nic.in.
Dictated and corrected by me
President
