In The District Consumer Dispute Redressal Forum, Banka
Complainant Case No. 28 of 2014.
Dated: - 11th of September 2018.
Md. Sharif: ……………………………………………………………………… Complainant.
V/s
Head Post Master Banka: ……………………………………………….. Opposite Party.
Counsel for the complainant: Shri Shashi Bhushan Jha Kabi (Advocate)
Counsel for the OP: Shri H.B. Pandit (Advocate)
Present:
(1) Md. Naimullah
President
(2) Dr. Binay Kumar Singh
Member
(3) Dr. Neelam Kumari Neelu
Member
Order
This complainant case has been filed against OP for a decree of compensation of Rs. 42,000/- as compensation including mental agony and cost of the litigation as there is deficiency of service on the part of OP.
The fact of this case is that the complainant has opened a SB A/c in OP’s post office whose A/c No. is 1331028. That a cheque bearing No. 704011 was issued by UCO Bank Banka Branch. The amount of cheque was Rs. 15,000/- the said amount was paid by LIC of India Bhagalpur branch In the name of complainant, the complainant after receiving the cheque deposited into the SB A/c No. 1331028 in the post office of OP on 28.06.2014. The receipt was given by OP but the amount was not credited in the account of complainant, the complainant presented his passbook before the Post master for crediting the amount so received by post office. But the said amount was not credited in the A/c of complainant. For which the complainant ran from Pillar to post but all went in rain hence this case.
Notice was issued to OP who appeared and contested the case through his written statement dated 20.04.2015 praying there in to dismiss the complainant on the ground that there is no merit in the case of complainant.
It is further alleged that the impugned Cheque no. 704011 of Rs. 15,000/- was submitted before Mirzapur branch office to credit the amount the cheque was received at Shambhuganj branch on 15.07.2014 and the same was cleared on 16.07.2014 and on the same date the amount was credited into the A/c of complainant. Thus it is alleged that there is no deficiency of service on the part of OP and hence the complainant is fit to be dismissed.
On the pleading of the parties the only point of determined before me is whether there is deficiency of service on the part of OP in not crediting the amount of cheque No. 704011 in the SB A/c of complainant to which the complainant could not withdraw.
In order to prove his case the complainant has proved the execution of Ext.-1 deposit slip of Rs. 15,000/- dated 26.06.2014, Ext.-2 the passbook of A/c No. 1331028 in the name of complainant.
On the other hand OP has filed document Ext.-A, statement of A/c attested on 18.04.2015, Ext.-B photocopy of slip depositing of Rs. 5000/-dated 28.10.2014, Ext.-C statement showing transaction on 29.10.2014,Ext.-D photo copy of withdrawal of slip of Rs. 5000/- on 27.10.2014. Ext.-E statement dated 18.02.2014, Ext.-F photo copy of withdrawal slip of Rs. 5000/- on 16.02.2015
It was argued on behalf of OP that the Ext.-A shows that the impugned cheque was credited in the A/c to complainant and the complainant withdrew the said amount on 29.10.2014, 31.10.2014 and 18.02.2015 hence there is no deficiency on the part of OP in regarding the amount of the impugned cheque on the other hand the counsel of complainant submitted that Ext.- 2 pass book shows that the amount of Rs. 15,000/- was credited anti dated in red ink as showing entry as 24.092014/18.10.2014, it is further submitted that the cheque as deposited on 28.06.2014 and the amount was endorsed on 24.09.2014/18.10.2014 i.e. after lapse of more than three months. It is further submitted by complainant that if the said amount as per Ext.-A was credited on16.07.2014 then why the amount on demand by complainant could not be paid till 16.09.2014 the date on which this case was filed in this forum. It is consistant case of complainant that he approached to OP Post office regularly for withdrawal of the amount but the OP did not pay it. After filing the case the complainant visited the post office to find out about the status, the OP post office branch asked the complainant to file withdrawal slip on 29.10.2014, 31.10.2014 and 18.02.2015 and accordingly on aforesaid these dates the complainant withdraw the amount and hence submitted that the OP post office was negligence in crediting the amount in his account making entry and hence three months delay was caused in crediting in passbook and the OP is liable to pay compensation.
After hearing counsel of both sides it is evident that the complainant deposited the cheque of amounting to Rs. 15,000/- before the OP Post Office Banka on 25.06.2014 but the complainant could be informed on 29.10.2014 i.e. after filing of the case. Ext.-A shows that the cheque was credited in the A/c of complainant on 16.07.2014 but it was not informed to the complainant prior to the filing of this case. Had it been so he would have not filed this case? Thus there is bit negligence on the part of OP for which we found that the OP has committed deficiency of service in not crediting the amount in time hence the OP is liable to pay compensation.
On the basis of aforesaid fact & discussion we hereby allowed the complainant and direct the OP to pay the compensation of Rs. 1000/- as well as litigation cost of Rs. 2000/- to be paid by OP. the complainant also entitled to get interest @ 9% on Rs. 1000/- from the date of filing of this case till its realization. OP to pay the amount within two months from the date of this order failing which the complainant will be entitled to recover the amount through Certificate Case. Let the record be consigned to the Record room.
Member Member President
Dr. Binay Kumar Singh Dr. Neelam Kumari Nilu Md. Naimullah
