Rajasthan

StateCommission

CC/13/2016

Smt. Meena Singhal - Complainant(s)

Versus

Cheif Post Master General & - Opp.Party(s)

Anurag Kulshrestha

11 Feb 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

COMPLAINT CASE NO: 13 /2016

 

Smt.Meera Singhal w/o Late Sh. Manmohan Singhal r/o 71, Laxman Colony, Shyam Nagar, Jaipur.

Vs.

 

Chief Postmaster General, Rajasthan Region, Indian Post Department, Sardar Patel Marg, C-Scheme, Jaipur & ors.

 

Date of presentation of complaint 11.2.2016

Date of Order 07.02.2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr. Kailash Soyal -Member

 

Mr. Anurag Kulshrestha counsel for the complainant

Mr. Surendra Singh Naruka counsel for the non-applicants

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This complaint has been filed with the contention that husband of complainant Late Sh. Manmohan Singhal opened a PPF account no. 0134034434 (old account no. 32438 ) on 30.11.1999 for which he submitted an application form for opening the account in which Late Sh. Manmohan Singhal clearly nominated his vide Smt.Meera Singhal complainant as his nominee and it was also witnessed by his son Dr. Ajay Singhal. After completion of the application form PPF account was opened in the name of Late Sh.Manmohan Singhal. Sh.Manmohan Singhal passed away on 6.12.2014. The complainant asked for the payment of money deposited in the account but non-applicants asked for the succession certificate on the pretext that there is no nomination in favour of the complainant. The further contention of the complainant is that original application was lost by the non-applicants and they are unnecessarily burdening the complainant to have the succession certificate inspite of the fact that complainant is nominee, she need not to submit the succession certificate. There is a clear note on the application form that name of nominee may not be entered in the pass book and only a line across the column has been put. In the pass book word ' No' is not written in the column. Hence, the amount alongwith interest be paid to the complainant as well as compensation for mental agony and

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deficiency and legal expenses may also be allowed.

 

The contention of the non-applicant is that no nominee is registered in the account. In the pass book in column of the nominee ' No' has been written and it has been crossed and as nominee has not been registered, it is not in the competence of the non-applicant to make the payment.

 

The complainant submitted her affidavit in support of the complaint as well as affidavits of his both sons whereas non-applicant has submitted affidavit of Dinesh Kumar Mistri, Additional Superintendent Post Office, Jaipur city circle.

 

Heard the learned counsel for the parties and perused the record of the file.

 

There is no dispute about the fact that PPF account no. 0134034434 (old account no. 32438 ) was opened in the name of Late Sh. Manmohan Singhal on 30.11.1999 and he died on 6.12.2014. Anx. 1 death certificate is submitted. The complainant has submitted Anx. 2 application for opening an account in PPF which contains the name of Meera Singhal as nominee and it has been witnessed by Dr. Ajay Singhal.

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The contention of the non-applicant is that this application form not contains any seal or signatures of any officer of the post office. It is true but the original application is with the non-applicants and it has not been submitted which raises adverse inference against the non-applicants.

 

The contention of the complainant is that original application form of account opening has been lost by the non-applicants and this fact has not been specifically denied by the non-applicants in their reply to the complaint or by way of affidavit.

 

It has also been brought on record by the complainant that as far as account is continued the application form would be preserved but inspite of this fact original application has not been submitted. Hence, Anx. 2 is more than sufficient to prove that Smt.Meera Singhal named as nominee by Late Sh.Manmohan Singhal.

 

The other contention of the non-applicants is that in pass book name of the nominee has not been entered. This argument has no force as in Anx. 2 account opening form it is clearly mentioned that names of nominees may not be entered in the

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pass book. Hence, it was not necessary to enter the name of the nominee in the pass book.

 

The contention of the non-applicants is that they have entered 'No' in the column of the pass book alongwith a clear line. The original pass book has been submitted for perusal in which only line has been drawn in the column of nominee but word 'No' has not been written. Hence, the contention is false on the face of it.

 

The non-applicant has submitted rules for sanction of claim of PPF account of deceased depositors which clearly provides that Head Postmaster can sanction claims of deceased depositors of PPF account without any limit if nomination is registered and in the present matter Anx. 2 which has not been controverted by the non-applicants clearly speaks that nomination was registered in the name of complainant. Hence, the non-applicants are deficient in their service by not paying the amount deposited in the account.

 

The contention of the complainant is that total Rs.19,87,987/- are lying in the PPF account which has not been disputed by the non-applicants.

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Hence, in view of the above the complaint is allowed. The non-applicants are directed to pay total amount of Rs.19,87,987/- lying in PPF account no. 0134034434 (old account no. 32438 ) in the name of Late Sh. Manmohan Singhal to the complainant alongwith interest thereon on the prevailing rates which were effective from time to time since 1.4.2015. The non-applicants are also directed to pay Rs.50,000/- as compensation for mental agony and harassment etc. to the complainant alongwith Rs. 20,000/- as litigation cost. The order should be honoured within two months failing the amount will carry 9% further interest till the date of realization.

 

(Kailash Soyal ) (Nisha Gupta )

Member President

 

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