BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI .A : MEMBER SMT. S.K. SREELA : MEMBER
O.P.NO. 56/2003 Filed on 06..02..2003 Dated: 30..12..2008 Complainant:
K. Karunakaran, Sithara, TC 2/1582, Kottara Lane, Gowreesapattom, Trivandrum – 695 004. (Nominee of Late E. Visalakshy) (By Adv. P.K. Padmakumar)
Opposite partiees:
1. Chief Postmaster General, Kerala Circle, Trivandrum – 695 033. 2. Senior Superintendent of Post Offices, Trivandrum North Division, Trivandrum – 695 001. 3. Senior Postmaster, General Post Office, Trivandrum – 695001. This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 24..02..2004 the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 15..11..2008, the Forum on 30..12..2008 delivered the following:
ORDER
SHRI. G. SIVAPRASAD, PRESIDENT The facts leading to the filing of the complaint are that the sister of the complainant Smt. E.Visalakshy had opened one Monthly Income Scheme (MIS) account on 14..05..1994 for Rs.1,02,000/- at AG's Post Office and subsequently the said account was transferred to Kunnukuzhi Post Office under No.3523103 and requested to credit the monthly interest in her savings bank account No.402015. The maturity date of MIS account was on 14..05..2000 Smt. Visalakshy had applied for closure of MIS account on 09..05..2000, she was incapable of making signature on herself, but taken her thumb impression by the Post Office Officials. Opposite parties directed the complainant to bring the real depositor to receive the money from the Post Office. On 16..05..2000 the real depositor had sent a letter to the opposite party to close the said account along with doctor certificate. But opposite parties intimated the complainant who represented the depositor to produce authority from competent court for effecting payment. In the medical certificate it was stated that the real depositor was suffering from severe illness of Dementia and Parkinsonism. Meanwhile Visalakshy died on 23..05..2001. Complainant is the nominee in the said MIS account. Complainant put forth the death claim on MIS account as well as the SB account on 30..06..2001 along with the death certificate. But complainant claims post maturity interest on MIS and its bonus which was not given by the opposite parties. Hence this complaint claiming post maturity interest on MIS and its bonus from the opposite parties.
2. Opposite parties filed version contending that the complainant is wholly misconceived groundless and unsustainable in law. According to the terms and conditions of the MIS account the maturity period is 6 years from the date of deposit. On attaining maturity the face value of the account will be the principal amount plus 10% bonus. Monthly interest for the principal amount is at the rate of 12% which shall be payable monthly monthly to the depositor on completion of one month from the date of deposit. If the depositor fails to withdraw the monthly interest no additional interest will be paid for such interest, and also no further interest is payable if the payment is not claimed by the depositor according to the rules for any reason after the maturity period of the MIS account. It is admitted that the depositor Smt. Visalakshy had applied for closure on MIS account on 09..05..2000 while she became incapable of understanding the transactions due to 'Dementia and Parkinsonism'. Opposite parties conducted an enquiry through the then IPO (Pg) revealed that the depositor is not in a position to understand the natural transactions. Therefore, opposite parties intimated the complainant who represented for the depositor to produce authority from competent court for effecting payment. Though the claim application dated 09..05..2000 was forwarded to Kunnukuzhy Post Office on 20..05..2000 the same was returned on 05..06..2000 for safe custody. The total amount sanctioned to the depositor as on 20..05..2000 was Rs.1,02,000/- + bonus Rs.10,200/- in addition to the 71 months already transferred amount to her SB account. According to the provisions of rules, when a depositor became insane or incapable of managing his/her own affairs a local guardian or manager of the estate can claim the amount on production of authority issued by the competent court. The relevant portions of the rule in respect of savings bank account is applicable in the MIS account also. Meanwhile the depositor expired on 23..05..2001, the complainant, the nominee of depositor, put forth the death claim on MIS account as well as the SB account along with death certificate. The claim was settled and the maturity value with bonus Rs.1,12,200/- in respect of MIS account was paid on 06..08..2001. Regarding the savings bank account, the account was closed on 06..08..2001 by payment of total amount Rs.25,976.45 which includes the interest transferred from MIS to SB account for 71 months and its SB interest upto 06..08..2001. The complaint is baseless and flagrant. Hence opposite parties prayed for dismissal of the complaint.
3. The points that would arise for consideration are: (i) Whether the complainant is entitled to get post maturity interest on MIS and its bonus? (ii)Whether there has been deficiency in service on the part of opposite parties? (iii)Reliefs and costs?
4. In support of the complaint, complainant has filed affidavit and marked Exs.P1 to P15. In rebuttal, the 2nd opposite party has filed affidavit and marked Exts.D1 to D7.
5. Points (i) to (iii): Admittedly, Smt. E. Visalakshy had opened one Monthly Income Scheme (MIS) Account on 14..05..1994 for Rs.1,02,000/- at AG's Post Office and interest for the first month was taken payment by the depositor and subsequently the said account was transferred to Kunnukuzhi Post Office under No.3523103 and requested to credit the monthly interest in her savings bank account No.402015 and accordingly, monthly interest for remaining months were credited in her SB account. It has been the case of the complainant that the said Visalakshy had applied for closure of MIS account on 09..05..2000, that she was incapable of making signature on herself but taken her thumb impression by the Post Office officials, that after 14..05..2000, complainant was directed to bring the real depositor to receive the money, that on 16..05..2000 the real depositor had sent a letter to the opposite parties to close the said account along with doctor certificate. It has been the version of the opposite parties that the medical certificate dated 15..05..2000 produced (Ext.P3/D5) along with the closure application showed that the depositor was suffering from severe illness of Dementia and Parkinsonism and not in a position to put her signature that, on enquiry conducted through the then IPO (Pg) revealed that the depositor was not in a position to understand the nature of transaction and that the sanctioning authority had intimated the complainant who represented the depositor to produce authority from competent court for effecting payment. At this juncture, it would be appropriate to discuss the medical terms 'Dementia' and 'Parkinsonism'. The medical term 'Dementia' deals with a chronic or persistent disorder of the mental process due to brain disease or injury, while the term 'Parkinsonism' relates to Parkinson's disease. Parkinson's disease is a progressive disease of nervous systems with tremendous, muscular rigidity and emaciation. Since the said disease was associated with the disorder of the mental process, the officials were bound to follow the rule 88 of the Post Office savings bank manual volume 1. Ext.D4 is the copy of the relevant portion of the Rule 88 of post office savings bank manual. Rule 88 deals with settlement of claim of a depositor becoming insane or otherwise incapable of managing his own affairs. Rule 88 reads as under:
“when an application is made for withdrawal on behalf of a depositor, who has become insane or incapable of managing his own affairs, the applicant should be required to produce any authority he may possess as guardian of the depositor or manager of the estate. If any such authority is produced, an enquiry should be made and a report sent to the head of the circle. In either case order from the head of the circle should be awaited by the Postmaster. On receipt of the order from the head of the Circle, suitable remark should be made in the ledger card. In case the account at a sub or branch office a copy of the order of the head of the circle should also be sent by the head office for a suitable note to be kept by the office where the account stands open. In case where authority has been obtained from a competent court of law, the head Postmaster will be competent to decide the case”.
6. In the instant case, submission by the opposite parties was that the application for closure dated 09..05..2000 was passed by the 3rd opposite party and sent to Kunnukuzhi Post Office for payment on 20..05..2000, that the same SB voucher was returned as unpaid on 05..06..2000 as the claimant failed to follow the relevant procedure and hence detained at head office awaiting correct formalities to be followed by the depositor. Ext.D7 letter dated 14..09..2000 issued by the 1st opposite party to the complainant shows that the complainant was informed in advance to produce the authority from court appointing him as a manager of the estates of Smt. E.Visalakshy, to close the account on behalf of the depositor, complainant did not produce the authority from bank. Meanwhile the depositor died on 23..05..2001 by Ext.P8. Subsequently, the nominee of the depositor the complainant put forth the death claim on MIS account as well the SB account on 30..06..2001 along with death certificate (Ext.P8). Submission by the opposite parties was that on receipt of the complainant's claim on MIS account as well as the SB account, on 06..08..2001 opposite parties settled the claim in respect of MIS account by payment of the maturity value with bonus Rs.1,12,200 and with respect of SB account by payment of total amount Rs.25,976.45 which includes the interest transferred from MIS to SB account for 71 months. Ext.D2 is the copy of the ledger with respect to Savings Account. Complainant has admitted the receipt of the said amounts. It is pertinent to note that complainant has received the maturity value with bonus Rs.1,12,200/- in respect of MIS account. As per rule 9 of Ext.P4/D1 notification of Government of India dated 10..08..1987 on attaining maturity the depositor is entitled to get the principal amount plus 10% bonus. As per Rule 8 of Ext.P4/D1, the monthly interest for the said deposit is at the rate of 12%. On going through the complaint, version, affidavits, Exts.P1 to P15 and Exts.D1 to D7. We are of the considered opinion that opposite parties have acted in accordance with Post Office (Monthly Income Ac count Rules, 1987) and hence complainant is not entitled to get post maturity interest on MIS account and its bonus. There is no deficiency in service on the part of opposite parties. Complaint has no merits at all which deserves to be dismissed.
In the result, complaint is dismissed. Both parties will bear and suffer their costs.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of December, 2008.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI .A : MEMBER
S.K. SREELA : MEMBER
ad.
O.P.No:56/2003
APPENDIX
I. Complainant's witness: NIL
II. Complainant's documents:
P1 : Photocopy of receipt for deposition pass book with book No.TC 28876 and receipt No.26 P2 : Letter dated 16.05.2000 P3 : Photocopy of certificate dated 15.05.2000 P4 : " of notification dated 10.08.1987 P5 : " letter dated 26.05.2000 P6 : " letter No.SB/MIS-125/00 dated 13.06.00 issued by opp.parties. P7 : " letter No.SB/88-1/D1g/98 dated 14.09.2000
P8 : " death certificate dated 27.06.01 P9 : " receipt dated 30.06.2001 P10 : " letter dated 13.08.2001 P11 : " letter dated 10.11.2001 issued to the opposite party by the complainant P12 : " letter dated 29.11.2001 P13 : " letter No.SB/CPT/33-2/01 dated 19.12.2001 P14 : " Kerala Gazette extraordinary published on 22.11.97 P15 : " pages of V, VI
III. Opposite parties' witness: NIL
IV. Opposite parties documents: D1 : Notification of Ministry of Finance Deptt. of Economic Affairs, GOI dated 15.08.1987
D2 : Copy of ledger with respect to account No.42015 (Kunnukuzhy P.O) issued and attested by Assst.Post Master, SB., Back Office,Tvpm. D3 : Photocopy of relevant rules regarding MIS account.
D4 : " Rule – 88 of Post Office Sagings Bank account page- 95 D5 : Medical certificate dated 15..05..2000 D6 : Photocopy of enquiry report of Reg.No.SB/MIS/125- 92 dated 26.05.00 D7 : " reply letter No.SB/88-1/D1g/98 dated 14.09.00.
PRESIDENT
ad. BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI .A : MEMBER SMT. S.K. SREELA : MEMBER
O.P.NO. 56/2003 Filed on 06..02..2003 Dated: 30..12..2008 Complainant:
K. Karunakaran, Sithara, TC 2/1582, Kottara Lane, Gowreesapattom, Trivandrum – 695 004. (Nominee of Late E. Visalakshy) (By Adv. P.K. Padmakumar)
Opposite partiees:
1. Chief Postmaster General, Kerala Circle, Trivandrum – 695 033. 2. Senior Superintendent of Post Offices, Trivandrum North Division, Trivandrum – 695 001. 3. Senior Postmaster, General Post Office, Trivandrum – 695001. This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 24..02..2004 the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 15..11..2008, the Forum on 30..12..2008 delivered the following:
ORDER
SHRI. G. SIVAPRASAD, PRESIDENT The facts leading to the filing of the complaint are that the sister of the complainant Smt. E.Visalakshy had opened one Monthly Income Scheme (MIS) account on 14..05..1994 for Rs.1,02,000/- at AG's Post Office and subsequently the said account was transferred to Kunnukuzhi Post Office under No.3523103 and requested to credit the monthly interest in her savings bank account No.402015. The maturity date of MIS account was on 14..05..2000 Smt. Visalakshy had applied for closure of MIS account on 09..05..2000, she was incapable of making signature on herself, but taken her thumb impression by the Post Office Officials. Opposite parties directed the complainant to bring the real depositor to receive the money from the Post Office. On 16..05..2000 the real depositor had sent a letter to the opposite party to close the said account along with doctor certificate. But opposite parties intimated the complainant who represented the depositor to produce authority from competent court for effecting payment. In the medical certificate it was stated that the real depositor was suffering from severe illness of Dementia and Parkinsonism. Meanwhile Visalakshy died on 23..05..2001. Complainant is the nominee in the said MIS account. Complainant put forth the death claim on MIS account as well as the SB account on 30..06..2001 along with the death certificate. But complainant claims post maturity interest on MIS and its bonus which was not given by the opposite parties. Hence this complaint claiming post maturity interest on MIS and its bonus from the opposite parties.
2. Opposite parties filed version contending that the complainant is wholly misconceived groundless and unsustainable in law. According to the terms and conditions of the MIS account the maturity period is 6 years from the date of deposit. On attaining maturity the face value of the account will be the principal amount plus 10% bonus. Monthly interest for the principal amount is at the rate of 12% which shall be payable monthly monthly to the depositor on completion of one month from the date of deposit. If the depositor fails to withdraw the monthly interest no additional interest will be paid for such interest, and also no further interest is payable if the payment is not claimed by the depositor according to the rules for any reason after the maturity period of the MIS account. It is admitted that the depositor Smt. Visalakshy had applied for closure on MIS account on 09..05..2000 while she became incapable of understanding the transactions due to 'Dementia and Parkinsonism'. Opposite parties conducted an enquiry through the then IPO (Pg) revealed that the depositor is not in a position to understand the natural transactions. Therefore, opposite parties intimated the complainant who represented for the depositor to produce authority from competent court for effecting payment. Though the claim application dated 09..05..2000 was forwarded to Kunnukuzhy Post Office on 20..05..2000 the same was returned on 05..06..2000 for safe custody. The total amount sanctioned to the depositor as on 20..05..2000 was Rs.1,02,000/- + bonus Rs.10,200/- in addition to the 71 months already transferred amount to her SB account. According to the provisions of rules, when a depositor became insane or incapable of managing his/her own affairs a local guardian or manager of the estate can claim the amount on production of authority issued by the competent court. The relevant portions of the rule in respect of savings bank account is applicable in the MIS account also. Meanwhile the depositor expired on 23..05..2001, the complainant, the nominee of depositor, put forth the death claim on MIS account as well as the SB account along with death certificate. The claim was settled and the maturity value with bonus Rs.1,12,200/- in respect of MIS account was paid on 06..08..2001. Regarding the savings bank account, the account was closed on 06..08..2001 by payment of total amount Rs.25,976.45 which includes the interest transferred from MIS to SB account for 71 months and its SB interest upto 06..08..2001. The complaint is baseless and flagrant. Hence opposite parties prayed for dismissal of the complaint.
3. The points that would arise for consideration are: (i) Whether the complainant is entitled to get post maturity interest on MIS and its bonus? (ii)Whether there has been deficiency in service on the part of opposite parties? (iii)Reliefs and costs?
4. In support of the complaint, complainant has filed affidavit and marked Exs.P1 to P15. In rebuttal, the 2nd opposite party has filed affidavit and marked Exts.D1 to D7.
5. Points (i) to (iii): Admittedly, Smt. E. Visalakshy had opened one Monthly Income Scheme (MIS) Account on 14..05..1994 for Rs.1,02,000/- at AG's Post Office and interest for the first month was taken payment by the depositor and subsequently the said account was transferred to Kunnukuzhi Post Office under No.3523103 and requested to credit the monthly interest in her savings bank account No.402015 and accordingly, monthly interest for remaining months were credited in her SB account. It has been the case of the complainant that the said Visalakshy had applied for closure of MIS account on 09..05..2000, that she was incapable of making signature on herself but taken her thumb impression by the Post Office officials, that after 14..05..2000, complainant was directed to bring the real depositor to receive the money, that on 16..05..2000 the real depositor had sent a letter to the opposite parties to close the said account along with doctor certificate. It has been the version of the opposite parties that the medical certificate dated 15..05..2000 produced (Ext.P3/D5) along with the closure application showed that the depositor was suffering from severe illness of Dementia and Parkinsonism and not in a position to put her signature that, on enquiry conducted through the then IPO (Pg) revealed that the depositor was not in a position to understand the nature of transaction and that the sanctioning authority had intimated the complainant who represented the depositor to produce authority from competent court for effecting payment. At this juncture, it would be appropriate to discuss the medical terms 'Dementia' and 'Parkinsonism'. The medical term 'Dementia' deals with a chronic or persistent disorder of the mental process due to brain disease or injury, while the term 'Parkinsonism' relates to Parkinson's disease. Parkinson's disease is a progressive disease of nervous systems with tremendous, muscular rigidity and emaciation. Since the said disease was associated with the disorder of the mental process, the officials were bound to follow the rule 88 of the Post Office savings bank manual volume 1. Ext.D4 is the copy of the relevant portion of the Rule 88 of post office savings bank manual. Rule 88 deals with settlement of claim of a depositor becoming insane or otherwise incapable of managing his own affairs. Rule 88 reads as under:
“when an application is made for withdrawal on behalf of a depositor, who has become insane or incapable of managing his own affairs, the applicant should be required to produce any authority he may possess as guardian of the depositor or manager of the estate. If any such authority is produced, an enquiry should be made and a report sent to the head of the circle. In either case order from the head of the circle should be awaited by the Postmaster. On receipt of the order from the head of the Circle, suitable remark should be made in the ledger card. In case the account at a sub or branch office a copy of the order of the head of the circle should also be sent by the head office for a suitable note to be kept by the office where the account stands open. In case where authority has been obtained from a competent court of law, the head Postmaster will be competent to decide the case”.
6. In the instant case, submission by the opposite parties was that the application for closure dated 09..05..2000 was passed by the 3rd opposite party and sent to Kunnukuzhi Post Office for payment on 20..05..2000, that the same SB voucher was returned as unpaid on 05..06..2000 as the claimant failed to follow the relevant procedure and hence detained at head office awaiting correct formalities to be followed by the depositor. Ext.D7 letter dated 14..09..2000 issued by the 1st opposite party to the complainant shows that the complainant was informed in advance to produce the authority from court appointing him as a manager of the estates of Smt. E.Visalakshy, to close the account on behalf of the depositor, complainant did not produce the authority from bank. Meanwhile the depositor died on 23..05..2001 by Ext.P8. Subsequently, the nominee of the depositor the complainant put forth the death claim on MIS account as well the SB account on 30..06..2001 along with death certificate (Ext.P8). Submission by the opposite parties was that on receipt of the complainant's claim on MIS account as well as the SB account, on 06..08..2001 opposite parties settled the claim in respect of MIS account by payment of the maturity value with bonus Rs.1,12,200 and with respect of SB account by payment of total amount Rs.25,976.45 which includes the interest transferred from MIS to SB account for 71 months. Ext.D2 is the copy of the ledger with respect to Savings Account. Complainant has admitted the receipt of the said amounts. It is pertinent to note that complainant has received the maturity value with bonus Rs.1,12,200/- in respect of MIS account. As per rule 9 of Ext.P4/D1 notification of Government of India dated 10..08..1987 on attaining maturity the depositor is entitled to get the principal amount plus 10% bonus. As per Rule 8 of Ext.P4/D1, the monthly interest for the said deposit is at the rate of 12%. On going through the complaint, version, affidavits, Exts.P1 to P15 and Exts.D1 to D7. We are of the considered opinion that opposite parties have acted in accordance with Post Office (Monthly Income Ac count Rules, 1987) and hence complainant is not entitled to get post maturity interest on MIS account and its bonus. There is no deficiency in service on the part of opposite parties. Complaint has no merits at all which deserves to be dismissed.
In the result, complaint is dismissed. Both parties will bear and suffer their costs.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of December, 2008.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI .A : MEMBER
S.K. SREELA : MEMBER
ad.
O.P.No:56/2003
APPENDIX
I. Complainant's witness: NIL
II. Complainant's documents:
P1 : Photocopy of receipt for deposition pass book with book No.TC 28876 and receipt No.26 P2 : Letter dated 16.05.2000 P3 : Photocopy of certificate dated 15.05.2000 P4 : " of notification dated 10.08.1987 P5 : " letter dated 26.05.2000 P6 : " letter No.SB/MIS-125/00 dated 13.06.00 issued by opp.parties. P7 : " letter No.SB/88-1/D1g/98 dated 14.09.2000
P8 : " death certificate dated 27.06.01 P9 : " receipt dated 30.06.2001 P10 : " letter dated 13.08.2001 P11 : " letter dated 10.11.2001 issued to the opposite party by the complainant P12 : " letter dated 29.11.2001 P13 : " letter No.SB/CPT/33-2/01 dated 19.12.2001 P14 : " Kerala Gazette extraordinary published on 22.11.97 P15 : " pages of V, VI
III. Opposite parties' witness: NIL
IV. Opposite parties documents: D1 : Notification of Ministry of Finance Deptt. of Economic Affairs, GOI dated 15.08.1987
D2 : Copy of ledger with respect to account No.42015 (Kunnukuzhy P.O) issued and attested by Assst.Post Master, SB., Back Office,Tvpm. D3 : Photocopy of relevant rules regarding MIS account.
D4 : " Rule – 88 of Post Office Sagings Bank account page- 95 D5 : Medical certificate dated 15..05..2000 D6 : Photocopy of enquiry report of Reg.No.SB/MIS/125- 92 dated 26.05.00 D7 : " reply letter No.SB/88-1/D1g/98 dated 14.09.00.
PRESIDENT
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
