Haryana

Ambala

CC/175/2017

Manmohan - Complainant(s)

Versus

H.O Head Post Master - Opp.Party(s)

In Person

08 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No. : 175 of 2016

Date of Institution    :  06.06.2017

Date of Decision      :  08.05.2018

 

 

Manmohan s/o Late Ashok Kumar, age 30 years, resident of house no.2127/B, Shiv Puri Colony, Near Geeta Nagri, Ambala City.

 

                                                                                       ……Complainant.

 

Versus

 

1.       H.O.,Head Post Master, Near Aggarsain Chowk Ambala City (Through its Head Post Master).

2.       Sub Post Master, Post Office (Motor Stand) Railway Station, Ambala City(Through its Sub Post Master)

3.       Chief Post Master General (CPM Haryana Circle), Ambala Cantt (Through its CPM)

 

                                                                             ……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member.

                   Ms. Anamika Gupta, Member.

         

Present:       Sh. Virender Kumar, counsel   for complainant.

                   Sh. Dev Batra,  counsel for Ops.

 

 

ORDER

 

 

Brief facts of the present complaint are that the father of the complainant  named Sh. Ashok Kumr had invested a sum of Rs.2,50,000/-in the year 1996 in the Indira Vikas Patras Scheme in Post Office name Head Post Office Near Aggarsain Chowk, Ambala City Indira Vikas Patras Ser No.790442 to 790486 & 790534 to 790550(total-60) and Motor Stand Post Office Railway  Station Ambala City from Ser No.788620 to 788659(total-40) during his life-time. The father of the complainant Sh. Ashok Kumar had died on 20-08-2004. The maturity dated of the above said invested Indira Vikas Patras amount for encashment after maturity. These Indira Vikas Patras were issued by the Post Office without any name of address as per the policy of the Government, so the post office concerned also could not contact with any family members to this effect. During the month of April, 2015, the mother of the complainant was checking/clearing/cleaning the waste goods/books of late father of the complainant then the suddenly she came to know about these certificates i.e. Indira Vias Pataras. After this, the complainant reported the matter to the concerned Post Office, i.e. the Op Nos. 1 7 2. The Post Office staff delayed the matter with one excuse of the other and ultimately, the post office concerned paid the amount after three months. But the amount was paid by the Post Office which was the maturity amount at the date of maturity i.e. 15.10.2001 and 22.10.2001 which is totally injustice as the complainant was not paid any interest of 14 years at the maturity amount. On other hand, the Government claims compound interest on the loan amount from the General Public. The complainant and his mother had requested to the OPs so many time in written or personally through written letter but no action has been taken by the Ops. The Post Office concerned is liable to pay the compound interest of the above said amount to the complainant. The above said act and conduct of the Ops amounts to deficiency of service on their parts. Hence, the present complaint.

2.                     Upon notice, OPs appeared and tendered written statement and submitted that the father of the complainant Sh. Ashok Kumar was not fit/sound mental condition & hence he could not present the above said invested Indira Vikas Patras amount for enchashment after on maturity i.e. in the year 2001 & died on 20.08.2004. Thereafter, also those could not be encashed by the present complainant. The complainant has neither mentioned particulars registration at the time of alleged issuing of certificate nor has detailed the particulars of alleged payments etc. The maturity amount certificate itself is issued at the time of purchase which is double the amount of sale value of IVP’s. The term of certificate is very specific and there is no contract or agreement of any such alleged interest qua delayed payment.  Thus, there is no deficiency on the part of the Ops and prayed for dismissal of the present complaint

3.                     To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-38 and close his evidence. On the other hand, counsel for Ops have also tendered affidavit as Annexure R/A and closed their evidence.

4.                     We have heard learned counsel for the parties and carefully gone through the case file. It is not disputed that father of the complainant had purchased Indira Vikas Patars amounting Rs. 2,50,000/- in the year of 1996 from Ops. It is proved on the file that the above said Indira Vikas Patars dated 15.04.1996 having the Serial Nos.790442 to 790486 & 790534 to 790550(total-60) and Motor Stand Post Office Railway  Station Ambala City from Ser No.788620 to 788659(total-40)  and maturity date i.e. 15.04.2001 & 22.10.2001 are mentioned on the above said certificates respectively. It is clearly mentioned on the above said certificates/Patars (the Government of India agrees to pay of Rs. 5000/- to the holder of the certificate on presentation and the Post Office issued on or after five years and six months from the date of issue). The complainant has taken the plea in this complaint that his father had died in the year 2004 but his father was not fit/sound and could not present the above said certificates for encashment before the Ops during his life time. The complainant further taken the plea that the mother or any person were not in the knowledge of the above said certificates. Therefore, their family members could not contact the Ops for encashment. He further stated that in the month of the 2015 after checking the waste goods/books then suddenly they came to know about the IVPs certificates. After that the complainant presented the above said certificates before the Ops and they had paid only the matured amount which is totally injustice as the complainant was not paid any interest of 14 years.

5.                              On the other hand, counsel for the Ops contended that the IVP  have not presented to the concerned Post office  in time whenever the complainant  presented the IVPs  and the maturity amount have been paid by the Ops. They further contended that date of issue of IVP shall be the date of the presentation of the old matured certificates the duly discharging the liability from the date of maturity of the old certificates. Denying the submission of the learned counsel for the complainant reliance was placed on Rule 11 of the Post Office Savings Bank Manual Volume under the heading “MODES OF PAYMENT FOR CERTIFICATES PURCHASED”, the relevant portion of which is reproduced here as under:

(ii) The matured certificate will be treated as encashed and included in the discharge journal in the usual manner. The fresh certificate issued in lieu will also be included  in the issued journal in the usual manner and the following remark will be made in the remarks column of the journal against the relevant entry.

“Issue in lieu of matured certificate No…………… for Rs……………… maturing on …………………………”.

(iii) The date of issue of the new Certificate except NSCs VI & VII  issues, will be the date of maturity/extended maturity of the old certificate or the date of commencement of the new series, whichever is later. The date of issue of NSCs VI & VII issues will be the date on which the old Certificate duly discharged, is presented”.

6.                     It is contended  that Rule 11 of the Post Office pertains to REINVESTMENT OF MATURITY VALUE OF THE TIME DEPOSIT IN THE SAME TD ACCOUNT and not about the operation if IVP and KVP Scheme  and as such the complainants cannot seek any relief under the grub  of the above Rule.

7.                                 Having considered the facts and circumstances of the case we are of the view that the complainant is entitled to the matured amount of the IVPs on the date when it had become matured but he will not be entitled  to any interest thereon till the date when the Indira Viakas Patras were presented. For example, in case IVPs are presented after two years of the maturity date he will not be entitled to interest for the period in between the maturity date and the date of presentation. In other words, he will be entitled to the matured amount alone, Rule 11 of the Post Office Act deals with this situation. It is not disputed that the complainant received the maturity amount on 23.7.2015  through cheque no.439184 dated 20.07.2015 when the  above said certificates presented for encashment and same has been paid by the Ops.

8.                                 In view of the above discussion, we do not find any deficiency in service on the part of the Ops. Therefore, the present complaint is liable to be dismissed and same is hereby dismissed with no order to cost.  Copy of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

Announced on: 08.05.2018

 

 

 

 

(PUSHPENDER KUMAR)              (ANAMIKA GUPAT)          (D.N. ARORA)

            Mmeber                                    Member                            President