Case No.CC/538/2015

Date of Institution:-07.10.2015

Order Reserved on :- 03.04.2024

           Date of Order :-23.10.2024

IN THE MATTER OF:

Sh. N. Mariappan

R/o A-305, Daffodils Apartment,

Plot 36, Sector 6, Dwarka,

New Delhi.

          …..Complainant

VERSUS

1. Deputy Director General (Finance Services)

Dak Bhawan,

Sansad Marg,

New Delhi – 110116.

2. Post Master,

Post Office, Sector 6, Dwarka,

New Delhi – 110075.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant was having a Senior Citizen Savings Scheme (SCSS) Account no. 0404517047 and Monthly Income Scheme (MIS) account no. 0404500959 in Dwarka Sector 6 Post Office, New Delhi.  Both the accounts were opened in April, 2010. On 10.04.2015, the complainant visited the post office to close both the accounts on the maturity.  The postmaster told him that SCSS account has matured and can be closed but MIS account was for 6 years and can be closed only in April, 2016.  The postmaster has informed that MIS A/c can be closed pre-maturely for which 1% of principal amount will be deducted.  Post office MIS A/c gives him interest @ 8% p.a.while investment in a bank will fetch him 9.25% p.a. more interest.  The post office agent whom the complainant opened both SCSS and MIS accounts in April, 2010 informed that in addition of 1% of MIS principal, the complainant will lose bonus of 5% on principal amount if complainant pre-closed the MIS account.  The bonus is only payable on maturity of MIS account which will happen in April, 2016.  His investment in MIS A/c is Rs.9,00,000/-. Since 5% of Rs.9 lakh i.e. Rs.45,000/- would be a substantial amount to lose, the complainant has decided that it would be prudent to retain the MIS a/c till maturity in April, 2016.  The complainant has informed the postmaster not to process of MIS account for the reason of loss of bonus. But the staff of post office told him that the MIS account had already been closed and reverse entry is not possible.Due to this process, the complainant has lost the bonus which he could have got if MIS a/c was allowed to be retained till normal maturity. Since, the postmaster as well as staff was not aware of the rules, the complainant had incurred loss. The complainant has made a representation to Deputy General, Dak Bhawan for his grievances but no reply was received from them.  The complainant has stated that once the error was committed by the postmaster can be rectified by the higher authorities.  The complainant has sent email to Dy. Director General Dak Bhawan, Sansad Marg, New Delhi. The complainant has prayed that OP be directed to pay Rs.45,000/- alongwith interest @ 10% p.a. and compensation of Rs.10,000/- towards mental agony and cost of litigation.
2. Notice was served to OPs.The OP-1 did not appear despite due service and attend the proceedings before this Commission and OP-1 was proceeded Ex-Parte vide order dated27.11.2015. 
3. The OP-2 entered its appearance and filed written statement taking several preliminary objectionsincluding that the complainant has approached the OP-2 on 10.04.2015 for closing his MIS A/c no. 0404500959 and SCSS A/c no. 0404517047 and told Counter assistant to transfer the entire amount to his S.B. account. The Counter assistant told him that his SCSS A/c has been matured but his MIS A/c has not been matured as its duration is 6 years but the complainant told to close both the accounts as he was very much need of money for investing the same in property. The counter assistant told him that in case of pre-mature closing of MIS A/c he would suffer loss of 1% of principal amount and also 5% bonus of principal amount but the complainant told that he will lose more than this if immediately not invested in property. The complainant was also informed by Sub-Postmaster regarding loss of premature closing but the complainant was adamant to close both the accounts and even said that he was not comfortable with core banking system of the post office. On his request, both the accounts were closed and the amount was deposited in his S.B. account as per directions of the complainant and after signed the closing voucher by the complainant of the said account in which closing amount was filled.  However, next date the complainant came and requested to make the closed MIS account allowing to continue, which was not possible as such complainant got annoyed and said that post office would have bearing his loss.  The OP-2 has stated that there is no provision for reverse of entry after closing the account and as such OP-2 is not committed anything wrong and there is no deficiency in service on the part of the OP-2. Hence, complaint is liable to be dismissed.
4. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
5. Both the parties have filed affidavit of evidence as well as written arguments in support of their respective case.
6. On 03.04.2024, the case was listed for arguments. We have heard the complainant and Ld. Counsel Sh. Bhupender Singh for OP.  Hence, the case was reserved for order.
7. We have carefully considered the material on record and thoroughly perused the documents placed on record.
8. It is the case of the complainant that he had a Senior Citizen Savings Scheme (SCSS) Account no. 0404517047 and Monthly Income Scheme (MIS) account no. 0404500959 in Dwarka Sector 6 Post Office, New Delhi.  Both the accounts were opened in April, 2010. On 10.04.2015, the complainant visited the post office to close both the accounts on the maturity.  The postmaster told him that SCSS account has matured and can be closed but MIS account was for 6 years and can be closed only in April, 2016.  The postmaster has informed that MIS A/c can be closed pre-maturely for which 1% of principal amount will be deducted.  Post office MIS A/c gives him interest @ 8% p.a. while investment in a bank will fetch him 9.25% p.a. more interest.  The post office agent whom the complainant opened both SCSS and MIS accounts in April, 2010 informed that in addition of 1% of MIS principal, the complainant will lose bonus 5% on principal amount if complainant pre-closed the MIS account.  The bonus is only payable on maturity of MIS account which will happen in April, 2016.  His investment in MIS A/c is Rs.9,00,000/- (Rupees Nine Lakh). Since 5% of Rs.9 lakh i.e. Rs.45,000/- would be a substantial amount to lose. The complainant has decided that it would be prudent to retain the MIS a/c till maturity in April, 2016.  The complainant has informed the postmaster not to process of MIS account for the reason of loss of bonus. But the staff of post office told him that the MIS account had already been closed and reverse entry is not possible.Due to this process, the complainant has lost the bonus which he could have got if MIS a/c was allowed to be retained till normal maturity. Since the postmaster as well as staff was not aware of the rules, the complainant had incurred loss. The complainant has made a representation to the Deputy General for his grievances but no reply was received from them.  The complainant has stated that once the error was committed by the postmaster can be rectified by the higher authorities.  The complainant has sent email to Dy. Director General, Dak Bhawan, Sansad Marg, New Delhi.
9. It is the case of the complainant that the complainant has informed the OP to close his both the accounts voluntarily and signed the closing voucher of the said account.  But on the next date he requested the OP-2 to continue his MIS A/c but there is no provision of reversal entry after closing account.  Hence, there is no deficiency in service on part of the OP-2 and OP-2 is not liable for anything wrong done by the complainant.
10. In view of aforesaid discussions, the complainant of the complainant is dismissed. No order as to cost.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 23.10.2024.