Orissa

Kendrapara

CC/65/2023

Mallimala Sutar - Complainant(s)

Versus

Chief Post Master General, - Opp.Party(s)

Sri Nirakar Pradhan

31 Jul 2024

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/65/2023
( Date of Filing : 10 May 2023 )
 
1. Mallimala Sutar
W/o- Late Hrudananda Sutar At- Kalikapur Po/ps- Rajkanika Dsit-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Chief Post Master General,
Odisha Circle, Bhubaneswar Dist-Khurda
Odisha
2. Superintendent of Post Offices,
Cuttack North Division, Cuttack
Odisha
3. Inspector of Post Offices
Pattamundai Circle, Pattamundai Dist-Kendrapara
Odisha
4. Sub Post Master,
Rajkanika S.O Rajkanika Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Nirakar Pradhan & Assocates, Advocate for the Complainant 1
 Mr.Md.Nayeem & Associates, Advocate for the Opp. Party 1
Dated : 31 Jul 2024
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-                   

                This C.C.Case No. 74/2023 has been filed U/s-35 of C.P.Act, 2019 seeking that non-payment of death benefit in respect of R.D. A/c No. 14708 & 14713 standing at Rajkanika Sub-Post Office under Kendrapara Division and earstwhile Cuttack North Division is the grievance of the Complainant.

               Complainant one widow lady of 78 years has filed this C.C. Case U/s-35 of C.P.Act, 2019 seeking to pay the R.D. amount of Rs. 25,200/- with 18% interest and Rs. 1,30,000/- towards mental agony, litigation cost and travelling  expenses.

               Brief fact of the case is that, husband of the Complainant late Hrudananda Sutar had opened 2 nos. of R.D. Account bearing No. 14708 & 14713 in Rajkanika Sub-Post Office on dt.26.02.2001 amounting Rs. 1,000/- and Rs. 200/- respectively per month. And it was deposited upto dt. 28.02.2023 and the closing balance of both the Account was Rs. 25,200/-which is not disputed by both the parties. The Complainant had submitted  the claim in the year 2007 and the Superintendent of Post office, Cuttack, North Division vide his letter dt. 21.01.2008 asked to furnish the present correct address of Sri Sudhansubhusan Sutar to Op No.4 for early settlement of the claim. But thereafter the Complainant herself remained silent for more than a decade and in the year 2019 there was correspondence and being aggrieved by the non-settlement of claim has filed the present C.C. case seeking the aforesaid relief. The Ops have filed their written version enclosing Annexure-R/1 series and Annexure-R/2 and R/3 series and Annexure-R/4 regarding non-submission of document by the Complainant. The Ops are handicapped due to non-submission of document by the Complainant.

                We therefore direct the Complainant to submit the required document as sought for by the Ops and the Ops shall supply & obtain the required forms through their OS-mails/inspector of Posts within a period of 15 days. Which the Complainant shall submit within 30 days and the claim shall be settled within a period of 45 days thereafter.

                   Since the Complainant is a rustic widow lady and there is long delay of more than 20 years, we direct that the settled amount shall carry S/B interest after the prescribed period for which interest  is payable to the Complainant. Since there is fault on both sides we impose no cost towards mental agony but impose cost of Rs. 2000/- towards cost of litigation.

With the aforesaid observation & direction the C.C.Case No. 65/2023 is hereby allowed & accordingly disposed off.

               Issue extract of the order to the parties for compliance.   

           Pronounced in the open Commission, on this the 31st   day of July,2024.

                            I, agree.

                                Sd/-                                                  Sd/-

                          MEMBER                                        PRESIDENT        

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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