Sri. Apurba Kr. Ghosh          ……….President

The Complainant has filed this case against the O.Ps. and praying for the following order / reliefs:-

1. Directions against the O.P’s. to pay a sum of Rs. 51,282/- to the complainant together with 18% interest accrued thereon from 23.12.2014 till its realization.
2. Directions against the O.P’s. to pay a sum of Rs. 1,00,000/- to the complainant on account of her mental pain, agony and harassment.
3. Directions against the O.P’s. to pay a sum of Rs. 50,000/- to the complainant for punitive damages.
4. Directions against the O.P’s. to pay a sum of Rs. 25,000/- to the complainant towards cost of legal proceedings.
5. Any other relief or reliefs to which the complainant is legally entitled.

BRIEF FACT OF THE COMPLAINT

1. That, the complainant is a peace loving and law abiding citizen of India and the OP’s are the post office, its head, its in-charge, and the Branch Office of the Post Office.
2. That, the complainant along with her husband Prabhas Chandra Raha  Had one savings account being in no. 8364223857( old no. 545064) with the OP no. 5.
3. That, the complainant and her husband (since deceased) had deposited money in their account with the OP and also withdrew money as per their necessity and lastly on 22.12.2014 they deposited a sum of Rs 50,000/- in the said savings account and last balance was of Rs. 51,282/-  which was duly updated by the OP No. 5.
4. That, on 24.02.2015 the husband of the complainant died and the complainant became the sole account holder of the savings account being in No. 8364223857 (old No. 545064) at the OP no. 5.
5. That, after demise of the husband of the complainant due to some financial needs the complaint went to the OP no. 5 for withdrawal of money on 29.11.2016 but the officials of the OP no. 5 refused to give her the amount of money and stated that there was no such balance in the said savings account. The complainant produced the passbook and told that Rs. 51,282/- is in the balance and the statement was duly signed by the officials of the  OP No. 5 but the  officials of the OP no. 5 told her that, there was no such entry at their system and advised to lodge complaint with the OP no. 2 & 3.
6. That, as per instruction of the OP no. 5 the complainant  wrote letter to the OP no. 2 & 3 on 27.12.2016 stating everything and requested to solve the matter as early as possible. In reply to the letter dated 27.12.2016  the complainant was informed on 29.03.2017  that the matter was forwarded to the OP no. 2 for settlement and asked the complainant to contact with the OP no. 2.
7. That, the complainant  finding no information again wrote a letter on 01.06.2017 to the  OP no. 2 & 3 with the request to take proper steps so that she could able to withdraw money from her savings account  lying with the OP no. 5  but no initiative was taken from the OP’s and the said conduct of the OP’s are nothing but the deficiency in service and negligence on their part, for which she suffered mental pain, agony and the OP’s are liable to compensate the complainant.
8. That, due to willful latches, unfair trade practice, deficiency in service, negligence of the OP’s the complainant had sustained not only monetary loss but also suffering from mental pain and agony.
9. That, the cause of action of this case arose on and from 29.11.2016 when the complainant went to withdraw money from her savings account lying at OP No. 5 when they informed that she had no balance left in her savings account and thereafter on 29.03.2017 when the complainant received reply of her letter dated 27.11.2016 and lastly on 01.06.2017 when the complainant requested the OP No. 2 & 3 for taking steps and the same is still continuing.

In support of the complaint the complainant has filed the following documents:-

1. Photocopy of Pass Book bearing in No. 8364223857 (old 545064) at New Market Branch.
2. Photocopy of letter dated 27.12.2016 sent by the  complainant.
3. Photocopy of postal receipt No. EW520115213IN and EW520115235IN dt. 27.12.2016.
4. Photocopy of letter dated 29.03.2017 sent to the complainant.
5. Photocopy of letter dated 01.06.2017 sent by the complainant and postal receipt EW856275396IN dt. 01.06.2017.
6. Photocopy of A/D Card dated 30.06.2017.

Notice was sent from this commission for serving the same upon the OPs. On receipt of notice the OP’s have appeared before this commission through Vokalatnama, filed written version, denied all the material allegations of the complain and has stated in the written version that, the complaint is not maintainable in law and on facts/the complaint is bad for mis-joinder and non-joinder of the necessary parties/complaint is barred by the principle of waiver, estoppels and acquiescence/the complaint barred by law of limitation. The OP’s have stated in their written version that, the statement made in Paragraph No. 4 of the complaint is admitted by them and the present balance of the S/B A/C No. 8364223857 is Rs. 62,007/- and they also submits that, as per ledger produced by SPM the sum of Rs. 50,000/- was shown deposited on 22.12.2014 amounting to total balance of Rs. 61,064/- which was not uploaded in the Finacle Software at the time of migration of the office with respect to para No. 7 & 8 of the complaint the OP’s have stated that, the letter dated 27.12.2016 of the complainant was not traceable at the office of the OP no. 2 due to indefinite strike in the Hill Region though it was forwarded to the Darjeeling Division on 21.03.2017 from the Regional office Siliguri. Regarding Para No. 10, 11, 12, 13, 14 & 15 the OP’s have stated  in their written version that, it was a technical issue and there was no intention and unintentional error was occurred  unwillingly and there was no wilful latches, unfair trade practice, deficiency in service, negligence on their part. It is further stated that, on receipt of complaint action had been taken and matter has been resolved and the present balance in SB A/C No . 8364223857 is Rs. 62,007/- and by filing  their written version the OP’s have  prays for dismissal of this case.

By filing the written version the OP’s  have prayed for dismissal of this case.

Having heard the Ld. Advocate of both the parties and on perusal of the complaint, written version of the OP’s, document filed by the parties the following points are to be considered by this Commission.

POINTS FOR CONSIDERARTION 

1. Whether the Complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 1986?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant entitled to get any award and relief as prayed for as per the prayer of her Complaint?

                   Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

In order to prove the case the complainant was given liberty to file evidence. To prove the case the complainant has adduced evidence by filing written deposition in the form of an affidavit. In the written evidence the complainant has stated that, she is an account holder of the OP no. 5 being S/B A/C No. 8364223857 (old No. 545064). The complainant has also produced the savings account passbook and she corroborated the contents of her complaint and also stated that, lastly she deposited a sum of Rs. 50,000/- in her S/B accounts and when she went to the OP No. 5 to withdraw sum of  money they refused to give money by stating that, she has no such balance in her savings account. The complainant has further corroborated that, she wrote letter dated 27.12.2016 to the OP’s No. 2 & 3 and on 01.06.2017 to them requesting to take initiative  so that, she could withdraw the sum of money from her savings pass book.

At the time of argument Ld. Advocate  of the complainant argue that the complainant has been able to prove the case against the OP’s through filing of written evidence and also by producing the relevant documents.

Ld. Advocate of the OP’s in their written notes of argument and during hearing of argument submits that the complainant has failed to prove the case against them and there was no deficiency in service on their part as well as restrictive trade practice. He further argued that, the complainant has not filed any documentary proof in support of her complaint though the OP’s have filed several documents in the  instant case and no such letter as mentioned  in Para No. 9 of the complaint was received by the OP’s as the Office & in the hills were closed due to indefinite strike and the complainant has filed this case on some false allegation to extort excessive amount from the OP’s. By referring decisions of Krishna Lal – Versus- SBI, in first Appeal No. 230/2013 & another decision of manager speed post – Versus- Bhanwarlal Gora, Revision petition No. 711 of 2017 of NCDRC Ld. Advocate of the OP’s have claims that, the technical fault  or clerical mistake did not amount to deficiency in service on the part of the OP’s.

Having heard Ld. Advocate of the both the parties and on perusal of the evidence of the parties including the documents filed by them it is admitted fact that, the complainant has savings account with the OP  No. 5 being in A/C No. 8364223857.

It is also admitted by the OP’s that, a sum of Rs. 50,000/- was deposited with the OP No. 5 in savings account of the complainant. It is also provide by the complainant that, on 29.11.2016 she went to the OP’s No. 5 for withdrawal of money from her savings passbook but the OP no. 5 refused to pay any money to the complainant alleging that, in the savings pass book there was no balance though from the savings pass book of the complainant it was shown that there was Rs. 51,282/-.

The complainant has also proves by producing documents that, she wrote letters dated 27.12.2016 & 01.06.2017 to the OP’s No. 2 & 3 requesting to take steps so that she could withdraw money from her account but no such step was taken by the OP’s.

On the other hand the OP’s in their written version as well as in their written notes of argument have admits that, the present balance in SB A/C No. 8364223857 is Rs. 62, 007/-. In Para No. 14 of the written argument of the OP’s it is admitted that, as per copy of the ledger provided by the SPM New Market the sum of Rs. 50,000/- is shown deposited on 22.12.2014 amounting to total balance of Rs. 61,064/- as per the ledger report which was not uploaded in the Finacle Software at the time of migration of the office.

From the ledger which was produced by the OP’s before this Commission it shows that, on 31.03.2015 a sum of Rs. 95,797/- was withdrawn and as per Finacle Ledger on 15.06.2018 an amount of Rs. 1,57,804/- as if it was deposited which the complainant is/was unaware about the transactions. It also reveals from the Finacle Ledger that on 31.03.2019 the balance of the account was of Rs. 63,867/-. Accordingly it can safely be presumed that, after filing of this case on 06.04.2018 the OP’s have tried to regularize the statement  of accounts of the complainant but the OP’s have failed to explain as to who withdrew Rs. 1,57,804/- from the account which is  reflected from the Finacle Ledger and they also failed to explain who deposited Rs. 1,57,804/- on 15.06.2018.

Considering all we are of the view that, the complainant has been able to prove the fact that there was clear deficiency in service as well as unfair trade practice on the part of the  OP’s who deliberately did not pay money which is lying in the savings account of the complainant. The OP’s have tried to thwart the case of the complainant but has failed to prove its defence case. Moreover the OP’s have admits in their written notes of argument Para No. 14 that the present balance in SB A/C No. 8364223857 is Rs. 62,007/-.

Hence, it is therefore,

O R D E R E D

That, the instant Consumer Case being in No. 30/2018 is allowed on contest against the OP’s but in part. All the OP’s are jointly and severally liable to pay the awarded amount. The OP’s  are directed to pay a sum of Rs. 51,282/- ( Rupees fifty one thousand two hundred eighty two) only to the complainant with interest @ 7%  per annum with effect from 22.12.2014 (i.e. date of deposit of Rs. 50,000/-) till making payment of the entire amount.

The OPs are further directed to pay a sum of Rs. 40,000/- (Rupees forty thousand) only to the complainant for causing mental pain agony as well as deficiency in service on the part of the OPs. The OP’s are also directed to pay a sum of Rs. 40,000/-(Rupees forty thousand) only to the complainant towards cost of legal proceedings. The OP’s are also directed to pay a sum of Rs. 10,000/-(Rupees ten thousand) only in the Consumer Legal Aid account of this Commission,

The OP’s are directed to pay the awarded amount within 45 days from this day failing which they will have to pay @ 7 % per annum with effect from this day till making payment of this entire amount.

Let a copy of this order be given to the parties free of cost.