Consumer Complaint No.129 of 2016
Date of filing: 28.7.2016 Date of disposal: 14.02.2017
Complainant: Smt. Minu Bouri, W/o. Nepal Bouri, D/o. Late Haradhan Bouri, Vill: Madhaipur, PO: Natundanga, PS: Faridpur, District: Burdwan, PIN – 713 381.
-V E R S U S-
Opposite Party: 1. Director General of Post, Indian Post, Ministry of Communication, Govt. of India, Dak Bhawan, Patel Chowk, Sansad Marg Area, New Delhi, Delhi – 110 001.
2. The Post Master General, Yojayog Bhavan, C. R. Avenue, Koklata – 700 012.
3. Sr. Superintendent of Post Office, Asansol Division, PIO. & PS: Asansol, District: Burdwan.
4. The Post Master, Raniganj Head Post Office, PO. & PS: Raniganj, District: Burdwan.
5. Post Master, Natundanga Post Office, PO: Nutandanga, District: Burdwan, PIN – 713 381.
Present: Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Sougata Dey.
Appeared for the Opposite Party 1, 2, 4&5: None
Appeared for the Opposite Party No. 3: Ld. Advocate, Murari Mohan Kumar (Ex parte).
J U D G E M E N T
This complaint is filed by the Complainant being the sole legal heir of her deceased mother u/S. 12 of the Consumer Protection Act, 198 alleging deficiency in service, as well as, unfair trade practice against the OPs as the OPs did not pay her legitimate claim in respect of the savings account lying with the OP-5 in the name of her mother, since deceased.
The brief fact of the case of the Complainant is that his father namely Haradhan Bouri was the permanent employee of Eastern Coalfield Limited, who died intestate leaving behind his widow namely Chinta Bouri and one daughter namely Minu Bouri-Complainant to inherit his estate. After the death of Haradhan Bouri his widow began to get pension as per the norms of ECL and Chinta Bouri used to withdraw pension from the OP-5 where Chinta Bouri maintained her savings account book bearing no-364321. Subsequently Chinta Bouri died on 05.01.1994 and after her death the Complainant went to the OP-5 to get information about the situation of the aforesaid savings account of her deceased mother and on being enquired the Complainant came to know from the concerned person that a sum of Rs.37, 889=00 is still laying at the account. The Complainant requested the OP-5 to take necessary arrangement so that she can withdraw the aforesaid amount being the sole legal heir of the deceased. But the concerned authority of the OP-5 denied to disburse the said amount in her favour and asked her to deposit succession certificate in that regard before this OP. Having heard the same the Complainant filed one succession certificate case being no-117/1996 before Durgapur Court and ultimately obtained said certificate whereby the Ld. Court directed to pay a sum of Rs.37, 889=00 along with up to date interest in favour of the Complainant. After obtaining the succession certificate the Complainant went to the OP-5, but the then Post Master Naresh Ghosh after perusing and verifying all the relevant documents told the Complainant to come later and accordingly the Complainant started to visit the office of the OP-5 and visited on numerous occasions, but the said Post Master could not make any process which will be helpful for withdrawal of the said amount by the Complainant. Gradually the Complainant became fade up with the attitude and behavior of the said Post Master and finally wanted to know as to whether he would make necessary arrangement for withdrawal of the amount by her or not. Having heard the Post Master became furious and started to assault and humiliated her and snatched all the relevant documents lying with the Complainant and told her ‘get out’ from there. After being assaulted the Complainant went to the local police station, but the concerned police station did not take any complaint from her. On the next date she went further to the OP-5 along with some local people and ultimately under pressure the Post Master compelled to issue written receipt in favour of the Complainant and assured her that he will try his best to hand over the amount lying in the savings account of the deceased Chinta Bouri. Thereafter long time lapsed, but no fruitful result came out. The Complainant went to the OP-4 at Ranigunj to know the situation of this matter but the concerned Post Master told her that there are no such documents sent to the OP-3 by the OP-5 till date. Having heard the same the Complainant got much confusion over the matter and again went at the OP-5 and the conveyed the information got from the OP-4, but having heard the same the Post Master Naresh Ghosh again assaulted her and snatched the receipt copy dated 21.12.2004 from her and handed over a fade photo copy of the same and specifically told her not to come further until and unless information is given to her by the OP-5. As no fruitful result was yielded the Complainant again went to the OP-4 to know the status of the money, but they flatly denied to provide her any information about this particular issue and threatened her not to come further. Being frustrated day by day at last the Complainant went to the OP-5 along with some local people to know the status of disbursement of the said amount, the then Post Master again assured her that she would get all the benefit shortly, but due to pressure created by the local people the Post Master compelled to issue another photocopy of the receipt dated 20.01.2011 of the original passbook and succession certificate and other relevant documents and assured her that she will get all the benefit very shortly. The Complainant waited for a long time, but no fruitful result yielded and being puzzled she made several written correspondences and legal notices through her Ld. Advocate with the OP dated 01.09.2015, 02.03.2016 and 14.03.2016. In reply the Assistant Director General, Dak Bhawan, New Delhi, dated 18.09.2015 and 19.01.2016 assured her that they will make necessary enquiry in this matter. The OP-4 issued one letter dated 14.01.2016 to know about the documents and pension account, but as a matter of fact that the deceased Chinta Bouri never opened any account with the OP-4. Thereafter the OP-3 issued a letter to the Complainant dated 07.03.2016 requesting to seat with the OP-4 for settlement of the dispute at earliest. In response the Ld. Advocate of the Complainant made correspondence with the OP-4 and sat with SBC, Raniganj, head Office and discussed the matter regarding this issue and she assured to make further communication at the earliest, but till date to settlement was done, no positive intervention was made by any authority of the any OP. Thereafter the OP-4 issued another letter dated 16.03.2016, but to no effect. So being compelled the Complainant took shelter of the Ld. Court to get her legitimate amount along with up to date interest from the OPs, which they have intentionally kept under their custody for years after years and harassing this innocent Complainant both mentally and physically. The Complainant has stated that the OPs have intentionally kept all the relevant documents including the pass book which has deprived her to know the actual status of the said account and it may possible that ECL authority may disburse any further arrear amount in the said savings account, but the Complainant is in complete dark. The activities of the OPs amount to deficiency in service and unfair trade practice. As her dispute have not been redressed by the OPs, hence having no other alternative she has approached before this Ld. Forum by filing this complaint praying for direction upon the OPs to pay a sum of Rs.37, 889=00 to her along with up to date interest on the said amount, to pay Rs.50, 000=00 as compensation due to mental pain, agony and harassment and litigation cost of Rs.10, 000=00 to her.
The record reveals that after admission of this complaint notices were issued upon the OPs through speed post with A/D from the office of this Ld. Forum. On 07.09.2016 the OP-3 appeared by filing vokalatnama and prayed time for filing written version. The prayer was considered. Date was fixed on 04.10.2016 for filing written version by the OP-3 and s/r and appearance of the other OPs. On the said date the OP-3 also prayed for further date and the same was allowed. As the s/r in respect of the other OPs was not completed, hence date was fixed for filing written version by the OP-3 and s/r and appearance of the other OPs on 10.11.2016. On the said date also the OP-3 prayed further time for filing written version by filing a petition, but the said petition was rejected as the statutory period for filing written version by the OP-3 had already been over and this Ld. Forum was pleased to fix the complaint ex parte against the OP-3. As the service upon the other OPs was not completed, hence direction was made to the Complainant to submit necessary requisites for fresh service of notices upon the remaining OPs. Date was fixed on 15.12.2016 for s/r and appearance of the other OPs. On that date it was revealed from the postal track reports that the OP nos-1, 2, 4 and 5 has received the respective notices on 16.11.2016. On the said date the Ld. Counsel for appearing before the Ld. Forum undertook to file vokalatnama on behalf of the said OPs and prayed time for filing written version. But on 30.12.2016 as vokalatnama has not been filed on behalf of the said OPs and none was appeared for the said OPs, upon perusal of the record it was seen by us that since receipt of the notices by the said OPs till 30.12.2016 the statutory period for filing written version had already been expired, hence the Ld. Forum was pleased to fix the case ex parte against the OP nos-1, 2, 4 and 5 also. On the date of ex parte argument the Complainant adduced evidence on affidavit. On that date the Ld. Counsel for the Complainant had also advanced argument. We have heard the matter at length from the Complainant.
We have carefully perused the record and documents as adduced by the complainant and heard argument at length from the ld. Counsel for the complainant. It is seen by us that admittedly the father of the complainant was a permanent employee of Eastern Coal Fields Ltd. who died intestate leaving behind his widow, namely, Chinta Bouri and one daughter Minu Bouri. After the death of her husband his widow Chinta Bouri used to get pension as per the norms of ECL from the OP-5 where she had maintained her savings account bearing no. 364321. Subsequently the mother of the complainant died on 05.01.1994 and after her death the complainant went to the OP-5 to know the status of the said SB book and came to know from the concerned authority of Op-5 that a sum of Rs. 37,889=00 is still lying at the said account. The complainant wanted to withdraw the said amount being the only and sole legal heir of the deceased and requested the concerned authority to make necessary arrangement so that he can withdraw the said amount. But she was told by the concerned authority of the Op-5 that for withdrawal of the said amount which is lying in the name of her deceased mother submission of succession certificate is necessary. Accordingly the complainant filed one Succession Certificate Case being No. 117/1996 before the Durgapur Court and ultimately obtained the said certificate wherein the District Delegate, Durgapur passed the order in favour of the complainant stating that she is entitled to withdraw amounting to Rs. 37,889=00 from the said account. After obtaining the succession certificate the complainant went to the Op-5 and submitted the same before the appropriate authority who verified all the relevant documents in support of her demand, but to no effect. Thereafter the complainant had to run from pillar to post to get the said amount but no fruitful result yielded. She went to the Op-4 and wrote letter to the Op-3 also who tried to mitigate her dispute but could not succeed. The complainant made several written correspondences along with legal notices to the Ops but she could not get the said amount from the said account lying with the OP-5. As her dispute have not been redressed by the Ops for a quite considerable period hence having no alternative she had approached before this ld. Forum by filing this complaint praying for certain reliefs as mentioned in the petition of complaint. Upon considering the facts and circumstances of the complaint along with the documents as adduced by the complaint in our view that as the complainant is the sole legal heir of her deceased mother, namely, Chinta Bouri, the complainant is legally entitled to get the amount of Rs. 37,889=00 from the savings account lying with the Op-5 in the name of her deceased mother. Not only that she obtained succession certificate from the competent Court of Law whereby order is given to disburse the amount in her favour. So no one can raise any objection for getting the said amount by the complainant being the sole legal heir of the deceased. It is true that her mother died in the year 1994 and since then till filing of this complaint in 2016 the complainant knocked at the several doors of the Op but none came or extended their hands to help the complainant so that she can get here legitimate demand/claim in respect of the said savings bank account. In our view the complainant is very much entitled to get the said amount and as the Ops have harassed the complainant for a prolonged period such action of the Ops can easily be termed as deficiency in service for which the complainant the complainant is also entitled to get compensation from the Ops. It is true that as before coming to this ld. Forum her dispute and claim have not been redressed by the Ops and by filing this complaint she has to incur some expenses, she is also entitled to get some amount as litigation cost.
Going by the foregoing discussion hence, it is
O r d e r e d
that the complaint is allowed ex parte with cost. The Ops are directed either jointly or severally to pay a sum of Rs. 37,889=00 to the complainant along with interest @ 5% per annum from the date of 01.4.2000 (i.e. after submission of the succession certificate) till the date of entire realization of the amount to her within 45 days from the date of passing of this judgment, in default, the above-mentioned awarded amount shall carry penal interest @8% per annum for the default period. The Ops are also directed either jointly or severally to make payment a sum of Rs. 3,000=00 to the complainant as compensation due to unnecessary harassment for a prolonged period, mental pain and agony and non- cooperation attitude and litigation cost of Rs. 1,000=00 to her within 45 days from the date of passing of this judgment, in default, the complainant will be at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated and corrected by me.
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
