DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of October 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 01/02/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.24/2017)
Saseendran.N,
S/o Kunhunni.N,
Silpa Nivas ,
Nellikora, Kunissery (PO),
678 681,
Palakkad. - Complainant
(By party in person)
V/s
1. The Post Master,
Alathur Post Office,
Alathur, Palakkad
2. The Senior Superintendent,
Palakakd Division,
District Post Office, - Opposite parties
Palakkad.
O R D E R
By Shri.V.P.Anantha Narayanan, Member,
Brief Facts of the Case.
The complainant is an ex-service man having retired from Indian Army on July 31, 2010. From the pensionery benefits he received, Rs.15 lakhs were deposited in Account No.20078 for five years as a fixed deposit in Alathur Post Office. The due date of this deposit was 14.09.2015. Up to 31.03.2015 the interest due on this fixed deposit was duly received (quarterly interest Rs.33,750/-). After that date interest was not received. When he complained to the Post Office he was told that his account was irregularly opened and there was audit objection. Although complaints were given in Alathur Post Office many times and also with Senior Superintendent of Post Offices,
Palakkad Division, no solution was received from the part of Postal Department. Then, as per the instruction of Alathur Post Master the deposit was renewed for three years. Since his pension benefits and interest were withheld, the complainant pleads that he had to suffer a lot in his family life. Hence he prays to the Hon’ble Forum to take necessary steps to solve his problem and get back his deposit amount plus interest after 31.03.2015 plus litigation expenses. He claims a total amount of Rs.17,97,500/- towards this.
The complaint was admitted and notices were sent to opposite parties. In the version filed by 2nd opposite party on behalf of 1st and 2nd opposite parties, he contends that all the arguments and allegations in the complaint are denied except those specifically admitted. He admitted that complainant had opened Senior Citizen Saving Scheme (SCSS) account with No.20078 at Alathur Head Post Office on 13.09.2010 for Rs.15 lakhs for a period of 5 years with interest payable every quarter @ 9% per annum. According to 2nd opposite party interest was credited to the SB account No.1254100348 of the complainant up to the quarter ending 31.03.2015 till an objection about the irregularity in opening this SCSS account was raised by the Accounts Officer, at the time of annual inspection of Alathur Head Post Office which pointed out that as per the copy of the bank statement submitted by the complainant while opening the SCSS account the complainant failed to open the SCSS account within one month from the date of receipt of the retirement benefits by him. From the copy of the pass book, according to the 2nd opposite party, the complainant has not opened the SCSS account within one month in the case of Army Group Insurance (6 days delay), leave encashment (8 days delay) and AFPP funds (8 days delay). According to the 2nd opposite party, if the complainant had opened two or more SCSS accounts according to the receipt of retirement benefits, this complaint would not have arisen. On getting the inspection report of the Accounts Officer 1st opposite party reported the irregular opening of this SCSS account to the 2nd opposite party on 22.01.2015 and the 2nd opposite party recommended the case for relaxation to the PMG, Calicut on 06.04.2015 and also took up the matter with Circle Office, Thiruvananthapuram; 2nd opposite party contends that the Chief Post Master General, Kerala Circle, Thiruvananthapuram referred this case to Postal Directorate, New Delhi to condone the delay in opening the said SCSS account and on 24.08.2015 Postal Directorate, New Delhi referred the case to Union Finance Ministry for considering the matter on priority basis and the same was reminded on 26.05.2016 and 03.11.2016. According to the 2nd opposite party even now the case is under active consideration of Union Ministry of Finance. Opposite party 2 also contends that his department has taken all possible steps to protect the interest of the complainant. He also admits that the irregularity in opening this SCSS account occurred due the lapse on the part of the department and the complainant. Hence, 2nd opposite party prays to Hon’ble Forum to dismiss the complaint with costs to these opposite parties.
Complainant and opposite parties filed chief affidavit. Complainant filed IA 109/2017 to return the original documents. Original documents were verified with photo copies, found correct and hence original were returned. From the side of the complainant Exts.A1 and A2 were marked. Exts.B1 to B5 were marked from the part of opposite parties.
The following issues are considered in this case.
1.Whether there is any deficiency in service and/or unfair trade practice from the side of opposite parties ?
2.If so, what is the relief and cost?
Issues 1 & 2
The complainant who is an ex-service man deposited Rs.15 lakhs as a
fixed deposit in Alathur Post Office. Photo copy of the savings bank pass book issued by 1st opposite party is marked as Ext.A1 which shows the name of the depositor, the scheme of deposit, account no, date of deposit, amount of deposit, quarterly interest etc. According to the complainant up to 31.03.2015 the interest due on the fixed deposit was duly received but after that date there was default in interest payment stating the reason that his account was irregularly opened and there was audit objection regarding the opening of SCSS account. The documents were submitted by the complainant to the 1st opposite party regarding pensionary benefits being obtained by the complainant. The pensionary benefits being received by the complainant are evidenced by documents marked as Ext.A2 which indicate service pension, family pension due to the complainant, statement of accounts etc. Complainant prays to the Hon’ble Forum to take steps to recover a total amount of Rs.17,97,500/- from the opposite parties. In the version filed by 2nd opposite party on behalf of 1st & 2nd opposite parties, it is contended that all the arguments and allegations in the complaint are denied except those specifically admitted. 2nd opposite party admits that complainant has opened Senior Citizen Saving Scheme (SCSS) account at Alathur Head Post Office on 13.09.2010 for Rs.15 lakh for a period of 5 years with interest payable quarterly @ 9 percent per annum. 2nd opposite party admits that the opening of SCSS account of the complainant was irregular. Para XI of the inspection report of the Accounts Officer states the objection. True copy of Annexure R1 which shows irregular opening of SCSS account is marked as Ext.B1 which states that the application for opening of account no.20078 was standing at Alathur Head Post Office, and the account was irregularly opened after the expiry of one month from the date of receipt of retirement benefits. According to 2nd opposite party the argument of the complainant that he was not aware of the rules cannot be considered fully. Further he contends that when it is known that the account opening was irregular the department did not close the irregularly opened account but has taken all steps to protect the interest of the complainant by taking up the matter with Union Finance Ministry for condoning the irregular opening of the complainant’s SCSS account. Ext.B2 is the true copy of Annexure R2 which shows the Senior Citizen’s Savings Schemes Rules 2004, which also reveals that either the concerned account shall be closed immediately or it may relax the requirements of the provision under the Act. A letter was sent for regularizing SCSS Account No.20078 opened in Alathur Head Post Office which is marked as Ext.B3. The 2nd opposite party also contends that reminder 1 was forwarded by the Union Ministry of Communication to Department of Economic Affairs as per Ext.B4 which shows that reminder 1 was forwarded by the Union Ministry of Communication to Department of Economic Affairs to consider the case of the complainant on a priority basis. Further a request is again made as per Ext.B5 to consider the case of the complainant for regularization of his SCSS account no.20078 on a priority basis.
From the affidavits and documents submitted by both parties, we observe that complainant’s SCSS account no.20078 at Alathur Head Post Office was irregularly opened. This fact is also admitted by the opposite parties. Admitted facts need not be proved. It is also observed that at the time of perusing the application for opening SCSS account in Alathur Head Post Office, if the concerned officials had exercised sufficient care, there would not have been any negligence on the part of opposite parties and the complainant would not have suffered loss of interest after 31.03.2015, in addition the complainant would not have suffered mental agony and incurred litigation expenses. Hence, we view that negligence and deficiency in service are seen to have occurred on the part of opposite parties in this case.
The result is complaint is allowed.
Opposite parties are hereby jointly and severally directed to pay to the complainant the amount of fixed deposit of Rs.15,00,000/- (Rupees fifteen lakhs only) along with interest thereon @ 9% per annum from 01.04.2015 to realization; they are also directed to pay jointly and severally Rs.20,000/- (Rupees twenty thousand only) to the complainant by way of compensation for mental agony suffered by him along with litigation expenses of Rs.5,000/- (Rupees five thousand only) met by the complainant.
This order shall be executed within one month from the date of receipt of this order; otherwise the complainant can also realize interest at 9% p.a on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 20th day of October 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Photo copy of Savings Bank Pass Book issued by 1st opposite party to the
complainant
Ext.A2 - Photo copy of pensionary benefits (service pension, family pension due to
the complainant, statement of accounts etc)
Exhibits marked on the side of Opposite parties
Ext.B1 - True copy of inspection report of Accounts Officer
Ext.B2 - True copy of Senior Citizen Savings Scheme Rules-2004
Ext.B3 - True copy of reminder letter sent by Govt.of India
Ext.B4 - True copy of letter sent by Govt.India for Regularization of SCSS Account
Ext.B5 - True copy of letter sent by Govt. of India, Ministry of Communication,
Department of Posts (F.S Division), Dak Bhavan, New Delhi (Annexure R5) to
the Regional Director (Sr), Department of Economic Affairs, Ministry of
Finance, New Delhi
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.5,000/-bDISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of October 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 01/02/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.24/2017)
Saseendran.N,
S/o Kunhunni.N,
Silpa Nivas ,
Nellikora, Kunissery (PO),
678 681,
Palakkad. - Complainant
(By party in person)
V/s
1. The Post Master,
Alathur Post Office,
Alathur, Palakkad
2. The Senior Superintendent,
Palakakd Division,
District Post Office, - Opposite parties
Palakkad.
O R D E R
By Shri.V.P.Anantha Narayanan, Member,
Brief Facts of the Case.
The complainant is an ex-service man having retired from Indian Army on July 31, 2010. From the pensionery benefits he received, Rs.15 lakhs were deposited in Account No.20078 for five years as a fixed deposit in Alathur Post Office. The due date of this deposit was 14.09.2015. Up to 31.03.2015 the interest due on this fixed deposit was duly received (quarterly interest Rs.33,750/-). After that date interest was not received. When he complained to the Post Office he was told that his account was irregularly opened and there was audit objection. Although complaints were given in Alathur Post Office many times and also with Senior Superintendent of Post Offices,
Palakkad Division, no solution was received from the part of Postal Department. Then, as per the instruction of Alathur Post Master the deposit was renewed for three years. Since his pension benefits and interest were withheld, the complainant pleads that he had to suffer a lot in his family life. Hence he prays to the Hon’ble Forum to take necessary steps to solve his problem and get back his deposit amount plus interest after 31.03.2015 plus litigation expenses. He claims a total amount of Rs.17,97,500/- towards this.
The complaint was admitted and notices were sent to opposite parties. In the version filed by 2nd opposite party on behalf of 1st and 2nd opposite parties, he contends that all the arguments and allegations in the complaint are denied except those specifically admitted. He admitted that complainant had opened Senior Citizen Saving Scheme (SCSS) account with No.20078 at Alathur Head Post Office on 13.09.2010 for Rs.15 lakhs for a period of 5 years with interest payable every quarter @ 9% per annum. According to 2nd opposite party interest was credited to the SB account No.1254100348 of the complainant up to the quarter ending 31.03.2015 till an objection about the irregularity in opening this SCSS account was raised by the Accounts Officer, at the time of annual inspection of Alathur Head Post Office which pointed out that as per the copy of the bank statement submitted by the complainant while opening the SCSS account the complainant failed to open the SCSS account within one month from the date of receipt of the retirement benefits by him. From the copy of the pass book, according to the 2nd opposite party, the complainant has not opened the SCSS account within one month in the case of Army Group Insurance (6 days delay), leave encashment (8 days delay) and AFPP funds (8 days delay). According to the 2nd opposite party, if the complainant had opened two or more SCSS accounts according to the receipt of retirement benefits, this complaint would not have arisen. On getting the inspection report of the Accounts Officer 1st opposite party reported the irregular opening of this SCSS account to the 2nd opposite party on 22.01.2015 and the 2nd opposite party recommended the case for relaxation to the PMG, Calicut on 06.04.2015 and also took up the matter with Circle Office, Thiruvananthapuram; 2nd opposite party contends that the Chief Post Master General, Kerala Circle, Thiruvananthapuram referred this case to Postal Directorate, New Delhi to condone the delay in opening the said SCSS account and on 24.08.2015 Postal Directorate, New Delhi referred the case to Union Finance Ministry for considering the matter on priority basis and the same was reminded on 26.05.2016 and 03.11.2016. According to the 2nd opposite party even now the case is under active consideration of Union Ministry of Finance. Opposite party 2 also contends that his department has taken all possible steps to protect the interest of the complainant. He also admits that the irregularity in opening this SCSS account occurred due the lapse on the part of the department and the complainant. Hence, 2nd opposite party prays to Hon’ble Forum to dismiss the complaint with costs to these opposite parties.
Complainant and opposite parties filed chief affidavit. Complainant filed IA 109/2017 to return the original documents. Original documents were verified with photo copies, found correct and hence original were returned. From the side of the complainant Exts.A1 and A2 were marked. Exts.B1 to B5 were marked from the part of opposite parties.
The following issues are considered in this case.
1.Whether there is any deficiency in service and/or unfair trade practice from the side of opposite parties ?
2.If so, what is the relief and cost?
Issues 1 & 2
The complainant who is an ex-service man deposited Rs.15 lakhs as a
fixed deposit in Alathur Post Office. Photo copy of the savings bank pass book issued by 1st opposite party is marked as Ext.A1 which shows the name of the depositor, the scheme of deposit, account no, date of deposit, amount of deposit, quarterly interest etc. According to the complainant up to 31.03.2015 the interest due on the fixed deposit was duly received but after that date there was default in interest payment stating the reason that his account was irregularly opened and there was audit objection regarding the opening of SCSS account. The documents were submitted by the complainant to the 1st opposite party regarding pensionary benefits being obtained by the complainant. The pensionary benefits being received by the complainant are evidenced by documents marked as Ext.A2 which indicate service pension, family pension due to the complainant, statement of accounts etc. Complainant prays to the Hon’ble Forum to take steps to recover a total amount of Rs.17,97,500/- from the opposite parties. In the version filed by 2nd opposite party on behalf of 1st & 2nd opposite parties, it is contended that all the arguments and allegations in the complaint are denied except those specifically admitted. 2nd opposite party admits that complainant has opened Senior Citizen Saving Scheme (SCSS) account at Alathur Head Post Office on 13.09.2010 for Rs.15 lakh for a period of 5 years with interest payable quarterly @ 9 percent per annum. 2nd opposite party admits that the opening of SCSS account of the complainant was irregular. Para XI of the inspection report of the Accounts Officer states the objection. True copy of Annexure R1 which shows irregular opening of SCSS account is marked as Ext.B1 which states that the application for opening of account no.20078 was standing at Alathur Head Post Office, and the account was irregularly opened after the expiry of one month from the date of receipt of retirement benefits. According to 2nd opposite party the argument of the complainant that he was not aware of the rules cannot be considered fully. Further he contends that when it is known that the account opening was irregular the department did not close the irregularly opened account but has taken all steps to protect the interest of the complainant by taking up the matter with Union Finance Ministry for condoning the irregular opening of the complainant’s SCSS account. Ext.B2 is the true copy of Annexure R2 which shows the Senior Citizen’s Savings Schemes Rules 2004, which also reveals that either the concerned account shall be closed immediately or it may relax the requirements of the provision under the Act. A letter was sent for regularizing SCSS Account No.20078 opened in Alathur Head Post Office which is marked as Ext.B3. The 2nd opposite party also contends that reminder 1 was forwarded by the Union Ministry of Communication to Department of Economic Affairs as per Ext.B4 which shows that reminder 1 was forwarded by the Union Ministry of Communication to Department of Economic Affairs to consider the case of the complainant on a priority basis. Further a request is again made as per Ext.B5 to consider the case of the complainant for regularization of his SCSS account no.20078 on a priority basis.
From the affidavits and documents submitted by both parties, we observe that complainant’s SCSS account no.20078 at Alathur Head Post Office was irregularly opened. This fact is also admitted by the opposite parties. Admitted facts need not be proved. It is also observed that at the time of perusing the application for opening SCSS account in Alathur Head Post Office, if the concerned officials had exercised sufficient care, there would not have been any negligence on the part of opposite parties and the complainant would not have suffered loss of interest after 31.03.2015, in addition the complainant would not have suffered mental agony and incurred litigation expenses. Hence, we view that negligence and deficiency in service are seen to have occurred on the part of opposite parties in this case.
The result is complaint is allowed.
Opposite parties are hereby jointly and severally directed to pay to the complainant the amount of fixed deposit of Rs.15,00,000/- (Rupees fifteen lakhs only) along with interest thereon @ 9% per annum from 01.04.2015 to realization; they are also directed to pay jointly and severally Rs.20,000/- (Rupees twenty thousand only) to the complainant by way of compensation for mental agony suffered by him along with litigation expenses of Rs.5,000/- (Rupees five thousand only) met by the complainant.
This order shall be executed within one month from the date of receipt of this order; otherwise the complainant can also realize interest at 9% p.a on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 20th day of October 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Photo copy of Savings Bank Pass Book issued by 1st opposite party to the
complainant
Ext.A2 - Photo copy of pensionary benefits (service pension, family pension due to
the complainant, statement of accounts etc)
Exhibits marked on the side of Opposite parties
Ext.B1 - True copy of inspection report of Accounts Officer
Ext.B2 - True copy of Senior Citizen Savings Scheme Rules-2004
Ext.B3 - True copy of reminder letter sent by Govt.of India
Ext.B4 - True copy of letter sent by Govt.India for Regularization of SCSS Account
Ext.B5 - True copy of letter sent by Govt. of India, Ministry of Communication,
Department of Posts (F.S Division), Dak Bhavan, New Delhi (Annexure R5) to
the Regional Director (Sr), Department of Economic Affairs, Ministry of
Finance, New Delhi
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.5,000/-
