BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
and
Smt C.Preethi, M.A., LL.B., Member
Friday the 7th day of September. 2007
C.C. No.56/2007
P. Sreedevi, The Correspondent,
Little Flower English Medium School, Yemmiganur, Kurnool District. … COMPLAINANT
Verses
- Head Post Master, Head Post Office, Adoni.
- Director of postal services, Kurnool.
- The Post Master General, Kurnool.
- Superintendent Postal Services, Kurnool.
- Sub-Post Master , Yemmiganur,
Opp. Vegetable Market, Near Z.P. Girls High School, Yemmiganur. OPPOSITE PARTIES
This complaint coming on this day for orders in the presence of Sri.P.Siva Sudharshan, Advocate, kurnool for complainant, Sri.M.D.Y.Jogaiah Sarma, for opposite party No.1,4 and 5, and opposite party 2 and 3 called absent and set exparte upon the perusing the material papers on record, the Forum made the following:-
ORDER
(As per Smt. C. Preethi, Member)
C.C.No 56/2007
1. This consumer complaint of the complainant is filed Under Section 12 of C.P.Act, 1986 seeking a direction on opposite parties to pay full fixed deposit amount, Rs.50,000/- as compensation, cost of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant’s case is that the Complainant and District Educational Officer, Kurnool has opened a joint fixed deposit account for Rs.25,000/- for a period of 5 years on 23.10.2001 and the date of maturity is on 23.10.2006. The said fixed deposit was opened as per the norms and conditions of Educational Department. On maturity fixed deposit is to be paid with 9% interest and on maturity the complainant approached the Opposite Parties for payment of deposit amount with 9% interest for 5 years, but the opposite parties paid deposit amount with 9% interest for 3 years only i.e., Rs.31,981/-. Subsequently, the Complainant send notices to the Opposite Parties 1 to 5 to pay full amount, inspite of receipt of notices the opposite parties 1 and 3 did neither paid the full amount nor replied to the said notices. Hence, the Complainant approached the Forum for redressal.
3. In support their case the complainants relied on the following documents viz., (1) pass book for 5 years term deposit and (2) letter dated nil of complainant to opposite party No.3, besides to the sworn affidavit of the complainant in reiteration of her complaint avertments and the above documents are marked as Ex.A1 & A2 for its appreciation in this case. The Complainant caused interrogatories to opposite party No.4 and replied to the interrogatories of opposite party 1 and 4.
4. In pursuance to the notice of this forum as to this case of the Complainant the opposite parties 2 and 3 remained exparte throught out the case. The opposite parties 1, 4 and 5 contested the case. The opposite party No.4 filed written version and opposite parties 1 and 5 adopted the written aversion of opposite party No.4.
5. The written version of opposite parties submits that the complaint is not maintainable either in law on facts, but admits the complainant opening a joint fixed deposit in the name of the complainant and District Educational Officer for Rs.25,000/- for a period of 5 years with account No.51016 on 23.10.2001 and the interest applicable on said fixed deposit was 9 % per annum. The fixed deposit in the present case is opened in the name of institution was permissible at that time, it was later discarded by the Government of India Ministry and Finance (Department of Economic Affairs) had issued a notification amending the post office savings Bank Rules 1981, in exercise of powers conferred by Section 15 of Government Savings Bank Act, 1873. As per said rules no deposit shall be accepted in an account other then individual accounts and the outstanding balance in an account other then individual accounts shall be refunded to the depositor on a date not later then 31.12.2005 and no interest will earn in the account after 31.12.2005. The said amendment was published in Official Gazette of India by Ministry of Finance. Thus, consequent to the said amendment this opposite party intimated the Complainant, the amended Rules by way of letter dated 27.12.2005 and requested the Complainant to close the said account. Even after such intimation the Complainant failed to close the said account within the time fixed by the Government of India. Hence, the opposite parties cannot be held responsible for the loss of interest over the deposited amount for the period after 31.12.2005. At the time of with drawing the said maturity amount of Rs.31,981/- the complainant did not express any protest and knew pretty well that there is no deficiency of service on part of opposite parties. As such unconditional with drawl of the amount by the complainant amounts to implied waiver and the Complainant can not claim for compensation as the opposite parties with bonafied intention implied the order of Government of India. Hence, there is absolutely no ground for granting any reliefs to the complainant and seeks for the dismissal of complaint with costs.
6. In substantiation of their case the opposite parties relied on the following documents viz., (1) Circular dated 12.8.2005 of Deputy Director General, (2) Gazette Notification dated 27.7.2005 of Ministry of Finance , (3) office copy of letter addressed by office of Sub-post Master, Yemmiganur to the complainant, and (4) duly filled with drawl form signed by District Educational Officer and Complainant as to the receipt Rs.31,981.20 Paise, besides to the sworn affidavit of opposite party No.4 in reiteration of his written version avertments and the above documents are marked as Ex.B1 to B4 for its appreciation in this case. The opposite parties 1, 4, and 5 caused interrogatories to the complainant and opposite party No.4 replied to the interrogatories of complainant.
7. Hence the point for consideration is to what relief the complainant is entitled alleging deficiency of service ?.
8. It is a simple case of the complainant that she along with District Educational Officer, Kurnool has opened a joint fixed deposit account for Rs.25,000/- for a period of 5 years commencing from 23.10.2001 and the date of maturity was 23.10.2006. The Ex.A1 pass book bearing No.51016 was issued to the complainant and interest applicable to said fixed deposit was 9% per annum. On maturity the complainant approached opposite parties for maturity amount, but the opposite parties paid interest at 9% per annum for a period of 3 years only totally Rs.31,981/- and stated that as per Ex.B1 circular dated 12.8.2005 of Deputy Director General addressed to Chief Post Master General and the letter dated 29.8.2005 of Assistant Post Master General addressed to Assistant Director, Office of Post Master General, Kurnool, with an endorsement dated 5.9.2006 of Assistant Director, office of Post Master General, the amendment was made to the Rules of Post Office Savings Bank Rules, 1981, by the Government of India that no fixed deposits shall be accepted other than the individuals and other than individuals shall be refunded to the depositior not later than 31.12.2005 and the said amendment was made necessary to intimate to the depositors requesting to close the account by 31.12.2005 and if the depositor fails to close his account, it is for the Chief Post Master General to issue a Registered letter with acknowledgement due to the depositor in order to avoid unnecessary litigations after 31.12.2005 .
9. In this case the complainant’s account matured on 23.10.2006. As per Ex.B1 the opposite parties has to issue a notice to the depositor / complainant and the complaint alleges that no notice was issued to her, but on the other hand the opposite parties alleges that notice to complainant was issued vide Ex.B3 and the complainant did not close her account before to 31.12.2005. But as per clause (vi) of Ex.B1 the opposite parties has to issue a notice under registered post with acknowledgement, duly indicating non payment of interest on the said account to the complainant after 31.12.2005. The opposite parties failed to produce any material on record to show that any such notice was served on the complainant to close her account, by 31.12.2005, in the absence of any material on record it cannot be said that any notice was served on the complainant to close her account before to 31.12.2005 as stipulated in Ex.B1.
10. From the above discussions, it is clear that the opposite parties did not issue any registered notice to the complainant to close her account. Hence, it cannot be said that it is for the complainant to close her account before to 31.12.2005 as per the amendment in Ex.B1.
11. To sum up, the opposite parties utterly failed to prove that they have served a registered notice on the complainant along with circular to close her account and the complainant is not at any fault in not closing her account before to 31.12.2005 as the said Ex.B1 is not binding on her. Hence, there is clear deficiency of service on part of opposite parties in not paying the full fixed deposit amount to the complainant to which the complainant is perfectly remaining entitled. The opposite parties depriving the complainant of the impending benefit i.e., loss by way of reduction of interest by closing the account before to maturity and the opposite parties arbitrarily decided to close the account of the complainant without intimating before to maturity, from the original scheme is definitely deficiency of service.
12. The complainant relied on the decisions reported in IV 2004 CPJ Pg 27 (NC) and II 2006 CPJ M 173 (Rajasthan State Commission ) which has little relevancy for its appreciation in this case.
13. As the stipulated rate of interest on the said deposit of Rs.25,000/- being 9% per annum, the interest works out for 5 years at stipulated rate to Rs.11,250/- and makes the maturity amount to Rs.36,250/-. But where as the amount being paid to the complainant closing the account was Rs.31,981/- the action of closure of the account by the opposite parties remaining bad for want registered notice of said circular to the complainant. The opposite parties is remaining liable to pay the difference of interest as the benefit to the complainant if the account was closed on stipulated period.
14. As the opposite parties by his non responsive conduct to the justifiable cause of the complainant driven the complainant to the forum for redressal. The opposite party is liable to pay Rs.1,000/- towards mental agony and Rs.1,000/- as costs of this case.
15. In the result, the complaint is allowed directing that the opposite parties jointly and severally to pay to the complainant Rs.4,269/- (i.e. 36,250/- (Minus) Rs.31,981/- )along with Rs.1,000/- each for mental agony and costs within a month of receipt of this order. In default the opposite parties jointly and severally shall pay the supra award amount with 9% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced in the open bench this day 7th September, 2007.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Pass Book, Post Office – Savings Bank for 5 years
Time deposit.
Ex.A2. Letter, dated Nil of complainant to opposite party No.3.
List of exhibits marked for the opposite parties:
Ex.B1. Circular, dated 12.8.2005 of Deputy Director General
(F.S) addressed to Chief Post Master General and
the letter dated 29.8.2005 of Assistant Post Master
General (SB) addressed to Assistant Director Office
Of the PMG, Kurnool.
Ex.B2. Gazetted Notification dated 27.7.2005 of
Ministry Finance.
Ex.B3. Office Copy of letter addressed by office of
Sub-Post Master, Yemmiganur to the complainant.
Ex.B4. Duly filled withdrawl form, signed by Deputy Educational
Officer, and Complainant acknowledging for Rs.31,981/20/-
Sd/- Sd/-
MEMBER PRESIDENT
Copy to:-
1. Sri.P. Siva Sudharshan, Advocate, Kurnool.
2. Sri.M.D.V. Jogaiah Sarma, Advocate, Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
