MR. NAYANANANDA DASH,MEMBER -
Deficiency in service in respect of non-disbursement of maturity amount in the Time Deposit Account of the Complainant are the allegations arrayed against Ops.
2. Complaint in brief reveals that complainant being a lady and Senior Citizen opened a 5 years Time-Deposit Account by depositing Rs. 10,000/- at the Branch Post-Office, Jamdhar on Dt. 24/12/2010 bearing pass book No. 33583. The maturity deposit of T.D. Pass book is dt.23/12/2015. Complainant 2 days prior to date of maturity i.e, on dt. 21/12/2015 deposited the pass book before the Branch Post Master, Jamdhar(Op no.1) to get the maturity amount along with accrued interest OP No.1 kept the T.D. Pass-book and assured the complainant to release the matured amount very soon. It is revealed that after waiting for 9 months when the complainant did not get the matured amount of her T.D. Account met Op no.1 and Sub-Post master, Thakurpatna (OP no.2) and made a representation by Regd. Post to the higher authorities including OP No.3&4 on dt. 17/08/2016. But all the attempts went invain and the maturity amount is not released till-date for which this Complaint before the Forum with prayer that a direction may be given to Ops to release the maturity amount of T.D. Account on deposited amount of Rs. 10,000/- along with 18% interest, Rs. 30,000/- as compensation for mental agony and Rs. 2,000/- for cost of litigation.
3. Being Noticed Ops appeared through their Ld. Counsel Mr. Md. Nayeem and associates filed written statement in parawise reply and revealing the facts, that Complainant Smt. Kanaklata Das opened a 5 years T.D. Account bearing No. 33583 on dt. 24/12/2010 at Jamdhar B.O.in Account with Thakurpatna Sub-Post Office for Rs. 10,000/-. Complainant deposited the time-deposit Pass book before Jamdhar Branch office for its updating in the online software named Finacle, but did not submit the SB-7(a) withdrawal application Form for closure of the account. It is averred that as Finacle software had not migrated the Branch, Post Master was instructed for manual closure on receipt of withdraw application from SB-7(A) for closure of the Account. Complainant received her pass book did not submit the withdrawal application form and sent a complaint to the Division Office, After receipt of the Complaint. Division Office vide their letter No. TO/1-13/16(Sub) dtd. 25/8/2016 instructed the Branch Post Master to collect the T.D. Pass Book and withdrawal application, but the complainant did not comply. It is also revealed that the T.D. Accounts are regulated by the Post Office Time-Deposit Rules, 1981 and in the instant case Rule 3 of Time-Deposit Rules 1981 and Post Office Saving bank General Rules 1981 is also applicable (Copies are enclosed as Annexure R/1& R/2), which clearly indicates that whenever a depositor applies for closure of an account, the Counter Assistant will examine the Pass-book there after the sanctioned warrant of payment i.e, SB7(A) will be sent to the Branch Post office for further action. Since the depositor is not applying for closure of the account along with the pass book the Ops were not able to redress her grievances. Accordingly the Ops have not committed any deficiency in service and there is no question of paying penalty or compensation to the Complainant.
4. Ld. Lady member of the Forum declined to take part on pronouncement of Judgment as the Complainant is her relative. Heard the Complainant and ld. Counsels for ops. It is an admitted fact that Complainant on dt. 24/12/2010 opened a 5 years T.D. Account before Op No.1 Branch post Office by depositing Rs. 10,000/- and the said T.D. Account was matured on dt. 23/12/2015. It is also admitted that the maturity amount of the T.D. Account was not released till the filing of the present dispute. On non-release of matured amount the pleas of Ops that as per Time –deposit Rules,1981 the depositor has to submit the pass book for verification and to submit SB7 (A) withdrawal application form for release of the maturity amount. But in the instant case though Complainant was submitted T.D. Pass book for verification, but did not submit the SB7(A) withdrawal application form in addition to this after receipt of the Pass book same to be verified and processed through a soft ware namely Finacle, as the software not developed permission was granted to close the account an manual procedure. The allegations of the Complainant are countered by the Ops showing the technical reason and its official functioning, which according to us is a internal matter of the Op-Department, for which complainant like depositors should not suffer. Further in the written statement Ops categorically state that as the Complainant did not deposit the SB-7(a) withdrawal from along with the pass book it was not possible to release the matured amount. Equally the Op-Department is completely silent regarding intimation to the Complainant –depositor non-submission of SB-7(A) form and adoption of manual procedure for release of maturity amount, by bye-passing the knowledge of the Complainant-depositor. It is the right of the complainant-like consumer so also the duty of the Op-Department to release the maturity amount as quick as possible. In the instant case whatever official action has been initiated it is after receipt of the Regd. Letter of the Complainant, and said wrong acts of Op-Department is treated as deficiency in service. As the Complainant till date does not financially benefited from the said maturity amount we, decide to award compensation in shape of saving Bank rate of interest on matured amount from the date of maturity to till its realization, further as the grievance of the Complainant redressed after approaching this Forum, Complainant deserves a cost of litigation.
Having observations reflected above it is directed that Ops will release matured amount as per the term and conditions of Complainant bearing T.D. pass-book No.-33583 along with Savings bank rate of interest calculating from the date of maturity to till its realization with in 7 (Seven) days of receipt of pass -book and SB-7(A) withdrawal application form submitted by the Complainant-depositor before Op No.1 Branch Post Office. It is further directed that Op-Department will pay Rs. 1000/-(Rs. one Thousand only) as cost of litigation to the Complainant at the time of release of maturity amount. The order is to be carried out within one month of receipt of this order, failing which action will be initiated as per the provisions of C.P.Act, 1986.
Complaint is allowed in part with cost.
Pronounced in the open Court, this the 9th day of March, 2017.
