DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC-  29  of 2017

 

Sri Soumya Bikash Das,

S/O- Sri Johor Das,

District Jail Quarter,

R.K. Pur, Udaipur,

Gomati District. …......….   Complainant.

 

          VERSUS

 

      1. Union of India,

New Delhi (Represented By 

The Chief Post Master General), 

N.E. Circle, Shillong-1.

 

      2. Director,

Postal Services, Tripura,

Agartala- 799001.

 

      3. Post Master,

Dhaleshwar Post Office,

Agartala- 799007. ............   Opposite parties.

 

                      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the Complainant : Sri Soumen Saha,

 Sri Prahlad Debnath,

 Sri Krishnapada Bhowmik,

 Sri Sajit Chakraborty,

 Smt. Swapna Pramanik,

 Advocates.    

 

For the Opposite Party : Sri Himangshu Deb,

 Asstt. Solicitor General of India,    Assisted by Smt. Nibedita Datta,

   Advocate.  

 

JUDGMENT  DELIVERED  ON:   30.05.2017

J U D G M E N T

  This case arises on the petition filed by one Soumya Bikash Das, U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he purchased 4 nos. of Savings Certificate on 15.12.10. Date of maturity was 15.12.16 and maturity amount was Rs.16,010/- for each certificate. In total he is entitled to get Rs.64,040/-. Accordingly cheque for Rs.64,040/- was prepared by the Postal Authority and he went to collect the cheque from the O.P. No.3, Post Master, Dhaleswar Post Office on 13.02.17. But the O.P. No.3, Post Master of the Dhaleswar Post Office refused to hand over the cheque, misbehaved with him and insisted for opening a Savings Account in the Dhaleswar Branch. Petitioner stated that Savings Account in the post office is opened by him at Lake Chowmuhani Branch. So, cheque may be placed there. But all request was turned down. He then sent complaint to the North East Postal Circle Shillong but did not get any redress. Maturity payment was not made by the O.Ps.  Therefore, petitioner filed this case and prayed for compensation amounting to Rs.10,89,000/-.

2. O.P. No.1, 2 & 3 appeared, filed W.S denying the claim. It is stated that the petitioner attended the Sub Post Office, Dhaleswar Branch on 02.01.2017 before migration of CBS platform. So, as per requisition of Post Master, Agartala Head Post Office issued the cheque. Petitioner was to collect it within 7 days. But he attended the office on 13.02.17 after long period. So, he was asked to open Savings account in the Dhaleswar Branch. As the system changed with the CBS so the cheque could not be handed over to him. There was no deficiency of service and petition is therefore liable to be rejected.  

3. On the basis of contention raised by the petitioner and O.P. following points cropped up for determination;

(i) Whether the opening of Savings Account in the particular branch in the Dhaleswar Branch was mandatory for collection of NSC matured value?

(ii) Whether  there was deficiency of service by O.P. and petitioner is entitled to get compensation?

Petitioner produced the 4 nos. of National Savings Certificate, Order of the Ministry of Communication & IT Department of Posts dated 05.10.15 and 15.12.15, Certificate of Judge, Family Court, Udaipur in regard to presence of petitioner on 02.01.17. Petitioner also produced the statement of complainant.

 

5. O.P. on the other hand produced the Circular regarding mandatory opening of Savings Account in CBS post Offices  dated 05.10.15, NSC purchase application of petitioner(photocopy). O.P. also produced the statement on affidavit on Smti. Kuntala Das, Superintendent of the Post Office, Head Quarter. 

6. On the basis of all these evidence on record we shall now determine the above points.

 

Findings:

7. We have gone through the SB order No.12/2015  dated 05.10.15 issued by the Ministry of Communication & IT Department of Posts as produced by the O.P. In the notification it is written that customers of CBS Post office who do not have savings account in any post office should be requested to open Savings Account in any CBS Post Office to avail all the benefits. In case of investment also request is to be made. This was done as customer is to wait for clearing of the bank cheque. Petitioner produced the SB order No. 17/2015, subsequent circular of Ministry of Communication & IT Department of Posts. In Para-1 it is written that in case of new or old investment, customer should not be compelled to open Savings account. It is again reiterated objective of the letter dated 05.10.15 was to educate the customer for availing the benefits of Post Office Savings Accounts in CBS Post Office. Customer only can be requested. From this letter &  notification it is clear that customer can not be compelled to open Savings account. 

 

8. In this case from the written statement and the evidence of the O.P. it is clear that O.P., Post Master, Dhaleswar Branch tried to compel the customer to open Savings account. He insisted and when the customer refused, the matured value was not paid. We have gone through the NSC Certificate issued on 15.12.10. Maturity date was 15.12.16. Cheque for Rs.64,040/- was prepared on 02.01.17 as written in the NSC. But it was not handed over by the Post Master, Dhaleswar Branch. Fact of purchase of 4 nos. of certificate is admitted and established fact. Fact of preparation of cheque is also admitted and established fact. According to O.P. petitioner visited the Post Office on 02.01.17. But petitioner denied it and stated that he was at Udaipur and working in the Family Court. Judge, Family Court also certified in this regard that he performed his duty and on that date station leave was not granted at all. So the statement made by the O.P. about presence of the complainant in the Dhaleswar Post Office appears to be in correct and false. O.P. could not establish that the petitioner failed to turn up within 7 days. Date of maturity of the certificate was 15.12.16. There is no bar in regard to the appearance on late for collection of matured value. So petitioner went on 13.02.17 as admitted by the O.P. Cheque was already prepared and signed by the Head Post Office, Agartala. Post Master, Dhaleswar only is to hand over but he misbehaved and refused to place it to the investor. This is misbehavior. 

 

10. In this regard petitioner referred the decision of the National Consumer Redressal Commission in the Case of Reliance India Mobile Ltd. Vrs. Hari Chand Gupta on 8th May, 2006. In that case National Commission viewed that the practice of making false incorrect statement requires to be controlled. False Affidavit and misleading statement are required to be dealt appropriately by imposing punitive damage. 

11. In another decision of National Commission in B.L. Sood Vs. Delhi Transport Corporation  28th November, 2007 is referred by the petitioner. In that case National Commission viewed that for better administration/governance, the aforesaid law is required to be implemented so that the public authorities should exercise, with due courtesy, and consideration, the powers for general welfare and common good.  

12. From careful scrutiny of evidence on record it is found that Post Master, Dhaleswar did not exercise his power for the welfare of the customer and common good. Due to his activity the consumer suffered. Petitioner did not get the matured value in time. Petitioner is a responsible government officer. He had visited the post office for collection of the matured value but failed because of the noncooperation of the Post Master, Dhaleswar Branch. Due to deficiency of service petitioner suffered. Cheque was not handed over. Circular was only for requesting the customer not for enforcing the system of opening SB account in the CVS Post Office. But Post master insisted and misbehaved with him. For this deficiency of service petitioner is entitled to get compensation.

13. We direct the O.P. to hand over the cheque for the matured value Rs.64,040/- immediately. We also direct the O.P. to pay compensation amounting to Rs.20,000/- to the Petitioner and Rs.5000/- for litigation cost, total Rs.25,000/-. The department concerned is to pay the amount to the complainant from the public fund immediately. It may recover the same from salary of the concerned Post Master of Dhaleswar who is responsible for such behavior and wrong service. Amount is to be paid within 2 months. If not paid it will carry interest @ 9% P.A. 

 

Announced.

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.