Smt. Sangita Paul, Member
This is a case filed by Shri Suman Santra, S/o. Gurudas Santra of P.O. –Purba Medinipur, P.S. – Budge Budge, Dist. – 24 Parganas (South), Kolkata-700 138 with a prayer for directing the OPs to transfer the deposited amount of Rs.2000/- along with interest in SSY A/C. being No.9511774550, to pay the compensation to the tune of Rs.50,000/- only to complainant for harassment due to unfair trade practice and to pay to the complainant, litigation cost of Rs.10,000/-.
OP No.1 is Superintendent of Post Office. The Office is situated at South 24 Presidency Division, West Bengal Circle, Baruipur, 24 Parganas (South), West Bengal-700 144.
OP No.2 is the Post Master, Purba Nischintapur Branch Office. The office is situated at Village & P.O. – Purba Nischintapur, P.S. – Budge Budge, Kolkata-700 138.
OP No.3 is the Post Master Pujali Post Office, Village & P.O. – Pujali, P.S. – Pujali, Dist.-24 Pgs (South), Kolkata-700 138.
The complainant, by filing this case states that he has an account at Purba Nischintapur Branch Office, i.e. OP No.2 under Sukanya Samridhi Yojna being A/C. No.9511774550 in his daughter’s name namely viz. Vaswati Santra, being CIF No.8527264525.
Every year complainant deposited before the Branch Office of OP No.2 and subsequently, complainant deposited Rs.2,000/- only on 15.01.2016 and it was reflected at the Sukanya Samridhi Yojana Account Pass Book of the said account. Thereafter, complainant updated the said Pass Book and found something wrong. Complainant then went to the Sub-Post Office at Pujali to enquire about the matter. OP No.3 without any delay informed complainant that the said amount had not been entered in the log book as well as in the ledger. OP No.3 informed that they had already written on 21.02.2019 to the OP No.1 about the matter, but the OP No.1 did not do anything so far. OP No.3 gave a copy of the letter to the complainant and directed him to go to the P.O. Thereafter, complainant communicated verbally to OPs No.1 & 3 so that the deposited amount be entered. Complainant prayed for giving a clear picture of his deposited amount, but the OPs 1 & 3 did not pay any attention to the complainant’s request. As a result, the said amount has not been entered into Log Book and Ledger.
Complainant sent a legal notice to the OP No.1 on 09.09.2019. OP No.1 received the letter. OP No.1 informed that the matter had been informed to the Sub-divisional Head for enquiry and necessary action would be taken after receipt of reports and documents from the concerned Sub-Divisional Head. Complainant sent another letter to the OP No.1 on 18.11.2019, but the OP No.1 did not answer.
The cause of action arose at the time of depositing Rs.2,000/- on 15.01.2016 and also on 18.11.2019 when the OPS did not take any action.
Hence, complainant prays for a direction upon the OPs to pay the deposited amount of Rs.2,000/- with interest SSY A/C. being No.9511774550, to pay compensation to the tune of Rs.50,000/- only to complainant, for mental pain and agony, and harassment caused by the OPs by their unfair trade practice and deficiency in service, to pay interest as entitled to and to pay Rs. 10,000/- only for litigation cost to complainant.
OP No.3 in the written version states that OP No.3 informed the complainant that the said amount was entered in the Pass Book but the Post Office was not within the CBS environment till date and all the accounts were being operated manually for so long, so from the conversion of manual process of recording to CBS process of record might have created the discrepancy. The OP No.3 felt the condition of complainant and advised the complainant to go to the Head Office.
Complainant sent a legal notice on 11.09.2019 and also sent a reminder on 20.11.2019. Complainant told to take cognizance over the matter. The OPs replied that the matter had already been taken care of for enquiry at Sub-Divisional level. Complainant was ensured that necessary steps would be taken.
That in the entire process of enquiry, the OPs 1, 2 and 3 did not deny the fact that Rs.2,000/- had been deposited in Sukanya Samridhi Yojna A/C being No.9577774550 at Branch Office level. But it was not recorded in Log Book as well as in the ledger due to CBS issue.
The OPs state that the allegations leveled upon the OPs are quite unethical and harassing. The OPs are always ready to add the sum to Rs.2,000/- to the Pass Book under Sukanya Samridhi Yojna along with interest counting from the date of deposit.
The complaint case was filed on 16.10.2020. The same was admitted on 09.11.2020. OP No.2 appeared on 4.1.2021. On 02.02.2021, W/V was filed by the OPs. The Complainant files evidence on affidavit on 04.03.2021. OPs file evidence on affidavit. Argument was heard on 12.07.2022 and we proceeded for giving judgement.
Points of Consideration
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decisions with Reasons
- On perusal of documents and records, it appears that complainant is an account holder of Purba Nischintapur Post Office (OP No.2). Complainant had an account being no. 852726425 under Sukanya Samridhi Yojna. Complainant deposited a sum of Rs.2,000/- on 15.01.2016 at Purba Nischintapur Branch Office. It is evident from the Pass Book filed by complainant. Complainant opened the account in the name of his daughter Vaswati Santra. She is a minor. The Pass Book was issued on 28.03.2015. Complainant deposited Rs.1,000/-. Complainant frequently deposited money. Till 17.09.2019 he had Rs.26,215/- in the account under the scheme of Sukanya Samridhi Yojna. Again on 14.07.2020, he had a balance of Rs.31,145/-, complainant wrote a letter to Superintendent of Post, South Presidency Division, informing that the deposit of Rs.2,000/- on 15.01.2016 was not recorded in H.O. But it was recorded in the ledger of S.O. and in the Pass Book. Complainant deposited a considerable amount of Rs.31,145/- till 14.07.2020. So, it is evident that complainant is a consumer u/s 2(7) of Consumer Protection Act, 2019. So, the 1st point is decided in favour of complainant.
- Complainant is an account holder of Purba Nischintap[ur Branch Office. The Pass Book was issued to him on 27.03.2015. Complainant deposits money in the name of her daughter Vaswati Santra, under the Scheme of Sukanya Samridhi Yojna. Very often the complainant deposited money in the said account. On 15.01.2016, the complainant deposited Rs.2,000/-. It was recorded in the Pass Book but it was not recorded in the ledger. Ledger is being maintained by the Post Office. It was not recorded in the Log Book either. Log Book is kept and maintained by the Post office. If it is not recorded in any of the documents of the Post Office, it would be difficult for the complainant to prove that the complainant had deposited money in Purba Nischintapur Post Office. The OPs in their written version admitted that there was a mistake. The Pass Book is going to be matured in the year 2029 i.e. on 28.11.2029. By this time the present officials may be transferred or same of them would retire in the meantime. The complainant would face problem for deficient service rendered by the Post Office. As the deposit of Rs.2,000/- is not reflected in any of the documents, maintained by the Post Office, there is no chance of getting back the same by complainant. It is a glaring example of unfair trade practice adopted by the Post Office.
- The complainant being a simple person fails to understand the future problem, which he would have to be faced, while the said account will be matured. The statement of account of the complainant would not match with the account maintained by the Post Office. The OPs 1, 2 and 3 in their written version stated that the problem of complainant would be taken care of. It was stated in the month of February, 2021. Till today, 18 months have passed, but no action has been taken by the OPs 1, 2 and 3. Op No.3, i.e. Pujali Sub Post Office is not within the CBS Environment, that amount has not been entered in the Log Book and Ledger. After 15.01.2016, complainant deposited money for several times. But complainant faced no problem. The problem occurred in respect of the particular amount. Complainant spends time in mental pain and agony. As Pujali Post Office is not within the CBS environment complainant would not suffer for that. He is entitled to get the money amounting to Rs.2,000/- still complainant fails to understand whether his money would be entered in the logbook and ledger. Because he OPs harass the complainant by not solving his problem. Hence, the 3rd point is decided in favour of complainant and complainant is entitled to get the relief as prayed for.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OPs with cost of Rs.10,000/-.
That the OPs jointly or severally are directed to record the amount of Rs.2,000/- (Rupees two thousand) which was deposited on 15.01.2016 by the complainant in the Logbook and Ledger within 60 days from the date of this order.
That the OPs jointly or severally are directed to pay the aforementioned amount of Rs.2,000/- along with simple interest @ 10% p.a. w.e.f. 15.01.2012 till realization of the said amount, within 60 days from the date of this order.
That the OPs jointly or severally are directed to pay compensation to the tune of Rs.40,000/- only to complainant for mental pain, agony, trauma and harassment caused by the OPs within 60 days from the date of this order, and the litigation cost is to be paid by the OPs within two months from the date of this order.
Complainant is at liberty to put the order into execution if the orders are not complied with within 60 days from the date of this order.
Let copies of the order be supplied free of cost to the parties concerned.
The final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
(Sangita Paul)
Member
