PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-116/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sunita Behera, Aged about 45 years

W/O- Sanjaya Kumar Padhee,

R/O of Batemura, PO- Batemura,

Dist-Sambalpur, Odisha,

Mob- 8895625594                                                           …………........Complainant

Vrs.

1. Branch Manager, State Bank of India,

Budharaja Branch, Sambalpur-768004.

2. Post Master, Head Post Office, Sambalpur-768001.
3. Manager, Sambalpur Head Office,

Department of Posts, Postal Life Insurance, Sambalpur H.O.-768001.

4. Superitendent of Post Offices,

Sambalpur Division, At/Po-Sambalpur, Dist-Sambalpur-768001.

5. Post Master General, Sambalpur Region,
6. ...…….Opp. Parties

Counsels:-

1. For the Complainant           :- Sri. S.K. Nayak & associates
2. For the O.P. No.1                :- Sri. B.Meher, Adv.
3. For the O.P. No.2 to 5         :- Sri. A.K. Senapati Govt. Pleader, SBP

Date of Filing:25.07.2023,  Date of Hearing :10.10.2023  Date of Judgement : 02.01.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant had a postal policy under Gram Santosh-EA plan. After maturity settlement request, the OP No. 3 intimated the Complainant on 07.02.2023 that she is entitled to receive the maturity amount. In response to the letter issued by the OP No. 3, the Complainant  went to the office of OP No. 3 and after execution of necessary documents, the OP No. 2 issued a cheque bearing No. 012804 dt. 15.02.2023 in favour of the Complainant for Rs. 40971/- duly signed by the OP No. 2. The Complainant  presented the said cheque for encashment in her bank i.e OP No. 1 to credit the said cheque amount in her S.B Account but only a sum of Rs. 4097/- was credited in her account instead of Rs. 40971/-. The Complainant on several occasions met the OP No. 1 and 2 requested them to pay the balance amount but they did not pay any heed to the request of the Complainant so the Complainant issued notice to both the OP No. 1 & 2 on dt. 10.04.2023 to take steps for payment of the balance amount. The OP No. 1 did not reply to the notice of the Complainant and the OP No. 2 intimated the Complainant that the matter has been placed with the authorities vide its letter No. PM/Genl-5/2023 dated at Sambalpur the 12^th April 2023. The Complainant made several visits to the office of the OPs but they did not pay any heed to the Complainant. Hence this case.
2. The Version of the OP No. 1 is that the OP No. 1 has received a postal cheque on dt. 15.02.2023 for an amount of Rs. 40,971/- in the name of Smt. Sunita Behera. A deposit voucher along with the above cheque is submitted to deposit in the account of Smt. Sunita Behera. Due to clerical mistake while clearing the cheque, the amount is wrongly entered as Rs. 4,097/-. Immediately the OP has initiated the reversal but the system does not allowed to reverse cheque amount as it is a clearing cheque. The OP No. 1 has informed the same to Department of post vide their Letter dt. 22.03.2023 for erroneous posting of the cheque. The OP No. 1 also requested the Post Master, Dept. of Postal, Sambalpur to issue a fresh cheque for the rest amount of Rs. 36,874/-. In reply the Post Master, Dept. of Postal, Sambalpur has issued a letter PM/Fen-05/2023 dt 23.03.2023 informing “it is not possible to issue another cheque for the residual amount as the cheque has once been issued”. On dt. 03.05.2023 vide letter the OP No. 1 requested the same to the Superintendent of post, Sambalpur to look in to the matter. In reply vide letter no PM/Genl-5/2023 dt. 24.05.2023, the OP No. 1 has been informed that “the amount is booked under relevant head. Issue of residual amount of cheque will raise figure in respective head and will disagree with Bank reconciliation work. For this it is not possible to issue another cheque for the residual amount at this end”. On 05.06.2023, the OP again requested vide letter to the Post Master, Sambalpur that if issue for the residual amount in the form of cheque is not possible at their end kindly issue an authority letter permitting Sambalpur Main Branch to debit the residual amount and give the credit to the customer’s account. After several visit and telephonic follow-up with the Dept of Postal, Sambalpur, his good office authorized the Chief Manager, SBI, Sambalpur Main Branch vide a letter PM/Gen-05/2023 Dt 11.09.2023 to debit the residual amount of Rs. 36,874/-. After receipt of the above letter SBI Main Branch has transferred the residual amount and credited the same to the account of the Complainant on 11.09.2023. Hence delay is not due to negligence of OP No. 1 rather OP NO. 2 to 5. So the case may be dismissed against OP No. 1.

The Written Statement of the O.P No. 2 to 5 is that the Complainant was the holder of a Rural Life Insurance Policy (RPLI) for which the Complainant was issued a sanction letter on 07.02.2023 towards maturity value of her RPLI Policy. The maturity settlement request was accepted and one cheque for Rs. 40971/- was issued on 15.02.2023 towards maturity value. The Complainant received the same and presented it at the OP No. 1 Bank for credit of the cheque amount into her SBI account. On 20.03.2023, a letter was received from the OP No. 1 intimating that the cheque for amount Rs. 40971/- was presented on 15.02.2023, however the amount was erroneously debited as Rs. 4097/- instead of Rs. 40971/- and subsequentreversal of the transaction could not done to non availability of the customer and inoperative status of the account with a request to OP No. 2 issue a cheque for the residual amount of Rs. 36874/- after lapse of more than one month of commission of error at OP No. 1’s end. The Department of Posts functions under and is bound by the rules and procedures of the Government of India. While the OP No. 2 is empowered to issue cheques against payment liabilities, once a payment has been made subsequent correction cannot be affected without modification in the Departmental account books. The OP No. 2 examined the possibility of issuing another cheque for the residual amount, however it was found that issuing another cheque would affect the Banking Reconciliation Scroll as the amount had already been shown as a payment in the Departmental Account books and correction of the same is locked two days after the end of the calendar month during which the transaction was made. The considerable delay in intimating the matter to the OP No. 2 made it very difficult to find a solution to the problem. The matter was therefore intimated to higher authority for further instructions. The notice issued by the Complainant was received 10 days after the end of the financial year. The Complainant was suitably informed about the situation by OP No. 2 vide his letter dated 12.04.2023. After the correspondence with higher authorities, the OP No. 2 issued a letter authorizing the OP No. 1 to debit the deficit amount and to credit the same to the Complainant’s account and the residual amount has already been credited to the account of the Complainant, as intimated by the OP No. 1 vide letter dated 18.09.2023. In view of the above submissions, the OP No. 2 to 5 have not caused any deficiency in service against the Complainant and hence not to pay any compensation/cost of litigation.

3.              After perusal of the submission of the both the parties and records available it is found that due to clerical mistake while clearing the cheque, the amount is wrongly entered as Rs. 4,097/- instead of Rs. 40971/- and for that reason the Complainant has suffered a lot. Hence negligence and deficiency in service of the OP No. 1 found. Accordingly the case is disposed of with following order.

ORDER

The Complaint Petition is allowed on contest against O.P. no.1 and dismissed against O.P. no.2 to 5. The O.P No. 1 is directed to pay Rs. 1,00,000/- to the Complainant towards deficiency in service , mental agony and suffering as compensation and Rs. 10,000/- towards litigation expenses to the Complainant within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 2^nd day of Jan, 2024.

Free copies of this order to the parties are supplied.