th April 2009 C.C. No. 12 of 2009nd pass book by R1. There was no need for R1 to retain the old

3

loan. However, the R1 requested the complainant to produce the old passbook and

also deposit vouchers i.e. counter foils of payment of loan amount. They were not

deposited. Thus the balance as on 20-9-2008 was Rs. 24,500/- but not

Rs. 42,000/-. There was no deficiency of service and the complainant failed to

produce the counter foils and old passbook and hence, her account was not closed.

Thus the complaint may be dismissed with costs.

5. On the basis of the above pleadings the following points are settled for

determination.

i. Whether there is any negligence and deficiency of service on the

part of the respondents?

ii. Whether the complainant is entitled to the relief as prayed for?

iii. To what relief?

6. On behalf of the complainant Ex. A1 to A3 were marked and on behalf of

the respondents Ex. B1 & B2 were marked. The complainant filed written arguments

also.

7. Point No. 1 & 2 It was not a dispute that the complainant opened a

Recurring Deposit Account No. 18060 on 7-9-2001 for five years period with a

monthly subscription of Rs. 500/- with R1 and deposited the subscriptions regularly

up to 28-2-008 and all the entries have been noted in the passbook from 7-9-2001 to

28-2-2008 and subsequently a new passbook was issued on 28-2-2008 because the

old passbook was exhausted. The complainant failed to produce old passbook with

balance amount. Ex. A1 was Xerox copy of new passbook from 28-2-2008 with

balance amount as Rs. 38,500/-. There was no dispute that the complainant availed

a loan of Rs. 17,000/- on 8-8-2007 on Recurring Deposit Account No. 18060 and

deposited Rs. 942/- on 31-3-2008 towards interest. The payment of Rs. 942/- on

31-3-2007 was noted in Xerox copy of passbook Ex. A1. The last entry in Ex. A1 was

Rs. 42,000/-, dt. 20-9-2008. The complainant had an intention to withdraw the

entire amount in the Recurring Deposit Account and submitted a withdrawal form for

CONSUMER COMPLAINT No. 12 / 2009

V. Sreedevi, W/o B. gopala Krishna Reddy,

aged 37 years, Hindu, Employee, Resident of 1/417,

Maruthinagar, Kadapa city. ….. Complainant.

Vs.

1) The Post Master, Head Post Office, Kadapa.

2) The Superintendent of Post Offices, Kadapa. ….. Respondents.

This complaint coming on this day for final hearing on 29-4-2009 in the

presence of Sri D. Rajasekhar Reddy, Advocate for complainant and Sri

K. Ramachandra Reddy, Advocate for respondents and upon perusing the material

papers on record, the Forum made the following:-

O R D E R

(Per Sri P.V. Nageswara Rao, President),

1. Complaint filed under section 12 of the Consumer Protection Act 1986.

2. The brief facts of the complaint is as follows:- The complainant had

opened a Recurring Deposit Account No. 18060 subscribing Rs. 500/- p.m with

postal authorities, Kadapa. It was for 5 years and endorsements were made in the

passbook. A new passbook was issued on 28-2-2008 after carrying the balance in

the current passbook since the entries in the earlier passbook was exhausted. The

earlier pass book was retained by the department. The complainant availed a loan of

Rs. 17,000/- on 8-8-2007 from Recurring Deposit amount and repaid together with

interest along with regular subscription and the relevant entries were made in the

passbook. In the new passbook issued the balance was shown as Rs. 38,500/-.

3. When the complainant approached R1 for withdrawal of amount by

submitting a withdrawal form, the R1 did not receive the withdrawal form nor

furnished any information, but informed that the loan recovery amount was not

adjusted to the complainant’s account. The complainant shocked with the words of

2

R1 that the repayment of advance amount was not found in the records of R1. The

complainant requested R1 to furnish the ledger extract on payment of requisite fee.

The R1 did not supply the ledger extract. The complainant sent another

representation to inform the status of the account marking a copy of representation

to R2 to take necessary action. There was no information in respect of receipt of

representation by the respondents. Therefore, it was treated that the respondents

received the representation. Thus there was deficiency of service on the part of the

respondents. Hence, the complaint was filed for payment of balance amount of

Rs. 42,000/- under Recurring Deposit Account No. 18060 with interest and

Rs. 10,000/- towards compensation for mental agony and Rs. 1,000/- towards costs.

4. The R2 filed a counter adopted by the R1 with a memo admitting the

Recurring Deposit Account No. 18060 opened by the complainant on 7-9-2001 with

subscription of Rs. 500/- p.m with duration of 5 years with R1 and deposit of the

subscription regularly up to 28-2-2008 in the old passbook and also admitted the

loan availed of Rs. 17,000/- on 8-8-2007 and deposit Rs. 942/- towards interest on

the loan amount of Rs. 17,000/- on 31-3-2008. It was not correct that the loan

amount of Rs. 17,000/- was repaid with interest by the complainant. The non

payment of loan established the fact that the complainant paid the loan interest of

Rs. 942/- on 31-3-2008. If the loan was cleared there was no need to pay interest on

31-3-2008. It was not correct that the old passbook was deposited at the time of

issuing the 2

passbook. The cash balance was wrongly noted as Rs. 38,500/- instead of

Rs. 21,500/- at the time of issuing the new passbook by oversight. Taking advantage

of it the complainant approached the R1 to withdraw the total amount by closing the

account. On receiving the withdrawal form the R1 verified the account and records

and found that the loan was not cleared. It was brought to the notice of the

complainant. The complainant refused the contention of the fact of non payment of

C.C. No. 12 of 2009

DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SMT. B. DURGA KUMARI, B.A., B.L.,

SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER

Thursday, 30