MR. NAYANANANDA DASH,MEMBER -
Deficiency in Service in respect of not allowing to withdrawn the amount deposited under S/B Account of complainant’s are the allegation arrayed against Ops.
2. Complaint in a nutshell reveals that, Complainants namely, Ratnakar Sahoo, Bhagyadhar Pallai and Muralidhar Rout opened a joint S/B Account on Branch Post Office, Kutaranga (OP-1) in February-1996 by depositing Rs. 4000/- vide Account No.236412, which changed into New A/C No.-1206316. The balance amount in the said S/B Account was for Rs. 5961/- upto 17/04/2009. It is alleged that in the year 2015, when the Complainants went to withdraw the deposited amount, OP-1 Branch Post Master did not allow to withdraw the amount. Complainants approached the Op No.2 by written complaint dtd. NIL and on dtd. 7.3.17, Complainants requested the Op No.1, Branch Post Master for withdrawal of deposited amount, OP-1 told the complainants to submit KYC Form for updating the S/B Account. On the same date Complainants, furnished the KYC perticulars before Op No.1, Branch Office. It is further alleged that Op-1 on dt. 21.4.2017 deferred the matter of withdrawl without any valid reason, being aggrieved the complainant depositors met Head Post Master, Kendrapara (OP-2) who assured to look into the matter and redress the grievance, Yet no result. The Complainant is filed seeking direction of the Forum to Op No.1 to allow the Complainants to withdraw the deposited amount along with permissible S/B rate interest calculating from dt. 17/4/09 along with compensation for Rs. 20,000/- and cost of litigation Rs. 3,000/-.
3. Though Notice was served to Ops through this Forum by Regd. Post and as per the record Notice was served to the Ops and acknowledgment is a part of the record, but Ops did not appear and file any written version into stipulated period as per C.P.Act,1986. Accordingly, the Ops were set ex-parte by this Forum vide order No. 15 dtd. 17/02/2018. However, in the later stage of the proceeding and on date of ex-parte hearing on dtd7/3/2018, Ops appeared through their Ld. Counsel and filed written version into the case. The Ops were allowed to be a part of the proceeding U/S 13(2)(b)(i) of the C.P.Act. 1986.
4. Heard, the ex-parte submission advanced by Authorized representative of Complainant on the presence of the Ld. Counsel for Ops. The facts of the case are that above named Complainants opened a S/B Account No. 1206316 with the Op- Branch Post Office in the year 1996 and the last transaction in the said account was on dt. 17/4/2009 with a balance deposited amount of Rs. 5961/- inspite of submission of KYC perticulars on dt. 7.3.17. In support of their stand Complainants filed attested photocopy of S/B Account pass-book and attested photocopy of KYC Form, which is received by Op No.1, Branch Post Master on dt. 7/3/17. It is further alleged, there after OpNo.1, Branch Post Master did not allow the complainant to withdraw the amount, for which Complainants met the higher authorities and made written complaint. Ld. Counsel appearing for the Ops, during course of hearing submitted that Op-Deptt. is ready to release the deposited amount on completion of official formalities by the depositors. The case in hand is defended by the Ops without any written counter and the dispute has to be decided on the evidence produce by the parties U/S 13(2)(b)(i) of C.P.Act., 1986. The Authorized representative of Complainants produced the original Passbook issued by the Op- Branch Post Master on verification, it is found that S/B Account of the Complainants bearing No. 1206316 opened with Op No.1, Branch Office, entered the last transaction on dtd. 17/04/2009 with a deposit amount of Rs. 5961/- which the complainants are legally entitled to receive with permissible interest. It is revealed from the complaint petition and S/B pass-book that after dt. 17/04/2009 to till the year-2015 no transaction is reflected in the S/B A/C of the Complainant. Accordingly, due to non-transaction on the said pass-book for a period of six years, the status of the S/B Account may be ‘dormant’ or ‘silent’, which needs to be revived on application of the Complainants. In the case on hand all the depositors are old age senior citizens and definitely hurt by action of Op. Deptt. However, when no written complaint is filed before this Forum regarding the alleged negligency of Op- Deptt. by intimating the higher Authorities, we, don’t think it will be lawful to award compensation as prayed by the Complainant.
Having observations reflected above, it is directed that complainants, if wants to withdraw the amount will submit a withdrawal slip along with the original Pass Book before Op No.1 Post Office and to comply the other Official formalities and obtain a receipt/acknowledgment from Op No.1 Branch Office on support of submission of documents. It is also directed Op No.1 on receipt of the application for withdrawal along with other documents will release the deposited amount of Rs. 5961/- along with permissible rate of S/B interest calculating from dt. 17//4/2009 to till its realization within one month of receipt of the withdrawal application, failing which action will be initiated against the Ops as per the provisions of C.P.Act, 1986.
Complainant is allowed in part on ex-parte without cost.
Pronounced in the open Court, this the 16th day of March, 2018.
I, agree I,agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
