Complainant Bandana Bhattacharjeeby filing this complaint has submitted that she opened a 5 years Post Office Recurring Deposit Account bearing No. 15704 at Belgachia Post Office in May, 2005 jointly with her sister Miss RanjanaBhatacharyya now deceased and the monthly recurring deposit scheme was to the extent of Rs. 500/- per month for 5 years terms and first payment was made in the month of June, 2005 and to complete the same in June, 2010 and accordingly sum is being remitted through agent Smt. Rupa Sharma and that LIC agent had used to collect money from 1st or 2nd of the month and deposited the same and thereafter used to hand over receipt.
In October, 2008 the agent did not arrive in time and so she went to the op office to deposit Rs. 500/-. When the concerned post office employee declined to receive the money and for which she returned. Again she went to post office to deposit the money on 25.10.2008 but the concerned employee refused to accept the money on her request rather without receiving the same, behaved very rudely and directed to withdraw the amount and close the account and it was said that agency cancellation letter is to be submitted in proper form and manner prior to payment. When complainant asked the op to show her the guidelines, they rudely behaved and closed the account by passbook in the same and thereafter did not take any step.
Subsequently complainant sent letter to the Chief Post Master General (CPMG) on 07.01.2009 stating the details and demanding redressal and enquiry and CPMG of West Bengal Circle vide a letter dated 27.01.2009 assured an enquiry, but no reply was received. Thereafter another letter was issued on 14.03.2009, but no result was received. Subsequently complainant wrote a letter through her Advocate on 03.05.2010 requested to furnish the updated account and to make arrangements for disbursement of the entire amount with interest at an early date. Op acknowledged the same and matter has been forwarded to S.P.M., Belgachia P.O., Kolkata – 37 for taking necessary action to settle the case vide letter dated 04.08.2010.
Thereafter S.S.P.O. was requested for taking step and to settle the case. Subsequently Department of Post issued a letter vide No. 100700 – 06475 dated 18.08.2010 regarding Belgachia P.O., Kolkata-37. Another Advocate’s letter was issued on 08.09.2010 to expedite the disbursement and a prayer was registered to the op on 10.02.2011 with a copy of the Passbook for early settlement and op office issued her a letter dated 04.10.2010 with a copy of another letter vide No. 100700-06475 on 17.02.2011 asking to submit original R.D. A/C along with duly filled up SB7(A) Form at Belgachia P.O., Kolkata-37 and she was advised by the op office to contact local post office to withdraw Rs. 20,000/- and remained silent about other benefit.
So, complainant issued a letter to the M.I.C. – Consumer Affairs Department on 31.05.2011 for redressal and said Department had arranged a tripartite mediation meeting on 06.07.2011 vide Memo No. 1298 C.A./G dated 21.06.2011 which was not attended by the ops. Thereafter another mediation meeting was convened by the said office vide Memo No, 1482 C.A./G on 11.07.2011 but finally that mediation also failed because op did not act and did not respond to the said mediation. The C.A Department asked the op to settle the dispute as per the decision reached within 30 days. After lapse of more than 3 months complainant did not get any redressal vide her letter on 07.12.2011 and thereafter C.A. Department issued a letter vide Memo No. 432 C.A/G on 12.02.2013 to the Asst. Director of Postal Service (SB), but anyhow op did not agree to comply the direction of the C.A. Department. When the C.A. Department advised her to file a consumer complaint and accordingly for redressal filed this complaint.
On the other hand op by filing written statement submitted that complainant used to deposit the amount of installment of her RD account through MPKBY, agent, Smt. Rupa Sharma till September 2008, due to some reason, she wanted to deposit her installment directly at the counter of Belgachia P.O. and as per general rule, the depositor shall have a right to deposit the monthly installment towards RD account directly even though the initial deposit was made through MPKBY Agent and accordingly complainant came to deposit monthly installment on October 2008 at the counter of Belghachia P.O. alleging that the counter PO refused to accept that but no supporting documents is available relating to refusal of deposit by the counter PA of Belgachia P.O.
On 11.04.2009, Smt. RanjanaBhattacharjee expired and the account was automatically converted to a single account. Smt. Bandana Bhattacharjee the next depositor claimed the RD amount of the RD account in question through her advocate Talat Mahmood to the ADPS (SB), office of the Chief Post Master General on 17.05.2010 which was received by this office with the direction to settle as per rule and given direct reply to the complainant and in respect to the Advocate’s letter on17.05.2010 it was intimated that vide this office letter No. 100700 – 06475 on 18.08.2010, that RD account No. 15704 is a Joint-B type account she was asked to deposit passbook along with SB-7(a) duly filled in and signed by the depositor and the same fact was also communicated to Smt. Bandana Bhattacharya on 04.10.2010 for closure of RDaccount in question copy endorsed to the SPM, Belgachia with a direction to take necessary measure to close the account.
In the meantime complainant took shelter of CA Deptt, Govt. of West Bengal disposed off her complaint with a direction to the Department of Posts to pay principal amount of Rs. 20,000/- + Rs. 6,444/- including interest at the rate 3.5 percent p.a. from 05.06.2010 and the copy which was received by this office from the ADPS (SB) vide letter dated 07.09.2011 and in reply the ADPS (SB) duly informed vide this office letter of dated 11.10.2011 that the direction of C.A. Department is not to implement and as per Departmental rule the depositor is allowed get Rs. 24,297/- + 3.5 percent interest p.a. up to two years and it is specifically mentioned that the allegation as made by the complainant is false and fabricated and in fact for submission of the original RD of the complainant must be properly settled.
It is further submitted that the representative of Department of the op attended both the dates on 22.07.2011 and 12.08.2011 and in the meeting dated 12.08.2011 the ops submitted that the department is ready to pay Rs. 20,000/- along with admissible amount of interest on that deposited amount as per departmental rule but not more than that. So, the complaint is false and for which the complaint should be dismissed.
Decision with reasons
On proper hearing of the complainant (personally) and also the Ld. Lawyer for the op and further considering the entire fact and circumstances it is proved that RD Account being No. 15704 of Belgachia P.O. was opened in the month of May 2005 jointly with her sister Miss. Ranjana Bhattacharyya and on the death of Ranjana Bhattacharyya the said account stands in the name of the complainant. Fact remains that complainant paid such monthly deposit of Rs. 500/- up to 20.09.2008 and total deposit was Rs. 20,000/-.
Truth is that complainant thereafter went to deposit the same but that was not accepted in view of the fact the admitted agent of the op Smt. Rupa Sharma did not receive the same and did not take any step to deposit. Fact remains that complainant went there to deposit and it is accepted which is proved from the fact that in the original passbook in last page it is noted in that it is closed and total amount is noted there. But anyhow ops are claiming that they have nothing to do. But after considering the present fact and circumstances it is found that all the post offices in West Bengal and their staff and most of the post offices in Kolkata Region are very much reluctant to entertain the customer by any means and as per their whims they are doing many act.
Truth is that complainant went to deposit the amount but they did not respond. It is also proved from the pass book who went to the post office at Belgachia to depositbut in that occasion she was refused and considering the passbook, it is clear that deposit per month was very regular and there was no default. But default was caused due to negligent attitude of the agent of the op and further complainant went to the post office for deposit of the same but that was not accepted which is evident from the original passbook when there is note in red ink and in writing that it is closed and total amount would be returned is noted. Then it is clear that it was done by postal authority without any signature and practically such lady has been harassed by the op and this is common picture that post offices in Kolkata are not to entertain any person without agent if this organization should not stop this process thoughsame it is morally and socially uncalled for on the part of the post office against any such grievance of the customer.
But no doubt the complainant did not get any such reply when she moved to Consumer Affairs Department. Truth is that the entire postal department particularly in the Kolkata, Howrah, Barasat Region are working very callously and truth is that PMG of Bengal is holding chair but he or she has failed to change the zamindari attitude of the staff of the post office. Fact remains that anyone can deposit any money for opening MIS invariably he shall have to get the passbook forthwith now one month is required to get it and this is the manner of postal service of the postal department that cannot be denied by the Post Master General and in reality most of the post office‘s staff are found loitering and they are not attending the consumerand there is a very long queue and the entire system is no doubt very dangerous for public and fact remains public are being harassed when CPMG is holding chair without taking any step and without any further query about the result or about the redressal. If in such a manner the postal administration continues such job in that case the future shall have to project the customer revolt and truth is that for loss of moral values of their staff and their actual delivery of service to the consumer is very poor which is against the policy of the postal department. But nowadays the doldrum in the postal department is always enjoyed by the public but PMG is not in a position to hear and consider the consumer or to give redressal to the customers because his ears are closed by head phone and for which complainant like customers are being harassed and cases are being filed and their only pela is that customer did not attend. But truth is that it is an example in the present case and but happens in many cases and it has become a practice of the postal authority to entertain the agent but not the customer. This practice should be discontinued at first. At the same time postal authority must have to answer because 70 percent of the people of West Bengal is either illiterate or half literate who are not aware of the rules and regulations. So, for protection of the customer(consumer) it is bounden duty of the postal department including other service sector banking authority etc. to teach at first how to behave with the consumer, how to give redressal to the customer in their need.
But practically this factors are completely absent in respect of behavior, manner, attitude of the staff of the entire postal authority for which this complaint was practically harassed. Whatever it may be op has admitted that in their written statement that they are ready to pay Rs. 24,297/- + 3.5 percent interest over the same up to two years only to the complainant and to that effect prayer was submitted by the op authority before the C.A. Deptt. on 11.10.2011. Truth is that inspector of post office or any staff of the post office did not meet the complainant to give her a chance to continue the RD for where there was good ground for the complainant to go before the Consumer Forum for mediation or to file complaint before this Forum. The ops are tried to show some technicalities, but it must be kept in our mind that the technicalities can be removed by the authority by convincing the customer. But such education is not in the mind of the staff of the postal authority and for which or complainant is being harassed by the postal authorities and if any query is made by the CBI in that case it would be found huge amount are within the control of the postal authority in respect of many consumers and customers who are not in a position to move PMG but Postal Authority is enjoying the amount, depositing the amount and getting the profit when customers are deprived. CPMG can only say how long this corrupt practices shall be continued in the postal department. Postal staff can revolt call strike for their own interest but they never call strike for the protection of the consumers, not for proper giving relief to the consumers. They have got their service only for their own benefit without giving any service properly socially and morally to the consumers and in the present case practically this complainant has been harassed mentally physically only for the negative attitude of the ops.
Whatever may be CPMG can only say when their staff shall be gentle, dedicated, devoted and shall have render proper service with honesty to the customer. One after another CPMG shall be changed but chair shall be there without ears anywhere and for that reason practically the whole administration has become a place of corruption and this Forum in two or three cases at Barasat found that the agent and postmaster managed to withdraw lakhs of rupees and in that case complainant lodged complaints and there was no result. Thereafter when complainant filed a case before police, thereafter the postal authority filed a police case against the consumer and this is the truth. All those incidents have given this Forum to believe that in the present case op can usually settle the dispute but worthless act of the postal staff this settlement was not done because they are very much arrogant because they are connecting with the agent and staff of the post office and particularly the Belgachia P.O. is depot of corruption and they are harassing the customers and it is an example. But this Forum hopes that this procedure shall not be followed by the postal department. PMG is directed to control immediately unethical activities of the postal staff at random.
Whatever it may be relied upon the written version we are directing the op to refund Rs. 24,297/- and also interest at the rate 4.5 percent p.a. till full payment of the same by the op to the complainant entire amount is enjoyed by the postal department and invested that amount and profit goes in favour of the postal department and this is no doubt 8 to 9 percent interest p.a. and till now that profit is being enjoyed by the postal department. So complainant is entitled to get the entire amount of Rs. 24,297/- and 4 percent interest p.a. since 11.10.2011 and till its full payment and that payment must be made within 15 days from the date of this order to the complainant by handing over a chaque to the complainant on proper receipt before this Forum and to that effect the op shall have to report to the complainant in writing on which date she shall have to appear before this Forum to receive that cheque along with litigation cost etc.
Considering all the above fact and circumstances, we are convinced to hold that practically complainant was misbehaved by the ops staff and in fact discontinuation of RD was caused due to agent what was the fault of the postal authority but not the customer but a maiden aged lady has been harassed at the age of 57.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against the ops.
Ops jointly and severally are directed to pay a sum of Rs. 24,297/- as admitted by the op in their written statement also 4 percent interest per annum over the same w.e.f. 11.10.2011 till full satisfaction of the decretal dues to the complainant.
Ops jointly and severally are hereby directed to handover a cheque of the said amount along with litigation cost to the complainant within 15 days from the date of this order and that cheque shall be handed over to the complainant before this Forum on proper receipt and before handing over cheque, op shall have to send a letter to the complainant in her address on which date she shall appear to receive cheque before this Forum on the fixed date of delivery of the said cheque to the complainant.
If ops are found reluctant to comply the order in that case ops shall have to pay penal interest at the rate Rs. 200/- per day till full satisfaction of the decree and if penal interest is collected it shall be deposited to this Forum even after if it is found that ops are reluctant to comply that order in that case op shall be prosecuted u/s 27 of C.P. Act 1986 and for which further penalty and fine may be imposed for which they shall be liable for that.
