MARIE KUNDU

Daughter of Late Mohitosh Kundu, 21/12, Onkarmal Jetia Road, P.S. – Shibpur, Dist Howrah, Pin – 711 103-------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.            LUNA KUNDU NEE DAS,

Daughter of Late Mohitosh Kundu, 21/12, Onkarmal Jetia Road, P.S. – Shibpur, Dist Howrah, Pin – 711 103

2.            THE POST MASTER, Botanic Garden Post Office, Department of Posts, India, Howrah , Pin – 711 103

3.         THE Superintendent of Post Office, Howrah Division,

        Department of Posts, India, Kadamtala, Howrah – 711 101----------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.          Complainant, Smt. Marie Kundu,  by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. 2 & 3  to disburse the maturity value of two deposits being Rs.30,000/- each, equally between two sisters, being the complainant and O.P. 1, upon O.P. 1 to pay an amount of Rs.13800/- being 50% of the total interest   accrued on two deposits invested under monthly income scheme with O.Ps. 2 & 3, upon all O.Ps. to pay an amount of Rs.1,00,000/- as compensation for causing harassment, mental pain etc alongwith litigation costs and other order or orders as the Forum may deem fit and proper.

2.          Brief fact of the case is that two deposits of Rs.30,000/- each were made in the names of the complainant and O.P. 1 under monthly income scheme with O.Ps. 2 & 3 on 10.09.2007 & 11.09.2007 respectively being A/C nos. 71802452 & 71802453 for a period of 6 years. each. For those deposits, monthly income was Rs.400/- for which complainant has 50% right over the said amount,being Rs.200/-. Complainant and O.P. 1 are own sisters. As the O.P. 1 is the elder one, it is stated by the complainant  that O.P. 1 asked complainant to keep her share of Rs.200/- with O.P. 1 and when the amount would grow bigger, complainant can use such a big amount for her necessity. So, since, the inception of those two deposits till the filing of this case, complainant never received her monthly share of Rs.200/-. And at the time of maturity i.e. on 10.09.2013 and 11.09.2013 respectively, the total maturity value was Rs.66578/- which is also required to be paid equally to the complainant and O.P. 1. But during the month of October, 2012 ,towards some legal expenses, complainant required some money and she asked O.P. 1 to give her share of 50% of the said monthly income, being Rs.200/- per month since 10.09.2007 and 11.09.2007 on the said two deposits. But O.P. 1  refused to pay her any amount on account of such monthly interest and even she told the complainant that she would not allow the complainant to get 50% of total maturity amount being Rs.66,578/-. Thereafter, complainant made a representation before O.P. 2 on 19.12.2012 vide annexure Pg.11 requesting them not to pay any amount towards monthly interest to O.P. 1 but O.P. 2 replied that they had  nothing to do in this respect and they are duty bound to pay the monthly interest of Rs.400/- to O.P. 1on demand. Then complainant sent one letter to O.P. 3  on 16.01.2013 with the same request vide annexure Pg 11and again on 11.02.2013 complainant sent one lawyer’s notice to O.P. 2. O.P. 2 & 3  sent replies to the complainant vide annexure pgs 15 & 16 stating therein that both the deposits were made in the names of two sisters which are a ‘Joint B Type’ deposits and either of the survivors or one sole survivor can withdraw  the interest amount and exactly that was followed by the O.Ps. 2 & 3 and there was no irregularity in making payment of such interest of Rs.400/- to O.P. 1. Thereafter, complainant made several attempts to stop such payment to O.P. 1 by way of making personal appearance and requests to O.Ps. 2 & 3 but it is alleged by the complainant that O.Ps. 2 & 3 never paid any heed to her requests and even threatened her to drive her out of the office of O.P.s. 2 & 3. Finding no other alternative and being  frustrated, complainant filed this instant petition with the aforesaid reliefs. Notices were served upon O.Ps. and all of them appeared and file W/V.

DECISION  WITH   REASONS      :

      O.P. 1 in her W/V has denied and disputed all material facts and disputed all material facts and allegations made out by the complainant  in her petition of complainant  and specifically in para 16 of W/V, O.P. 1 has stated that she is always ready and willing to give 50% of the maturity amount, of Rs.66578/- of two deposits to the complainant out of her love and affection towards her sister, being the complainant, although it is a fact that marriage of O.P. 1 was settled on or before June 2007 (vide para 15 of W/V) and the entire deposit was made out of O.P. 1’s husband’s fund. Further, it is also a fact that O.P. 1 maintains their handicapped  brother, Faraday Kundu, since his childhood. And she (O.P. 1) even looked after the complainant as her younger sister till her marriage. And O.P. 1 has no malafide intention to disown her sister from the claim of the maturity value of two deposits which were matured on 10.09.2013 and 11.09.2013 respectively. O.Ps. 2 & 3 also acted according to their rules and regulations. So,  there is no deficiency in providing service to the complainant by O.P.s 2 & 3. The maturity value might not have been disbursed by them due to pendency of this instant complainant case. O.P. 1 and complainant are two own sisters. And in no way complainant is consumer of O.P. 1. Accordingly, O.P. 1 is also no way deficient in providing service to the complainant.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 185  of 2013 ( HDF 185  of 2013 )  be   dismissed on contest against O.P1. without cost or compensation and allowed in part against O.P.s 2 & 3.

      That O.Ps. 2 & 3 are directed to pay the maturity value of Rs.66578/- equally to both sisters on production of their valid identity card.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.