Date of filing : 03.07.2017
Judgment : Dt.7.3.2019
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Mr. Debabrata Dutta & Mrs. Lekha Dutta alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) (1) Kasba Post Office, (2) The Post Master, Kasba Post Office, (3) Sri Nirmal Dey and (4) The Chief Post Master General, West Bengal.
Case of the Complainant, in brief, is that the Complainant No. 1 went to the Kasba Post Office on 31.3.2017 for liquidation of an NSC of Rs.47,000/- & Rs. 20,000/- as well as to purchase a new NSC of Rs.67,000/- for 5 years in favour of himself and his wife namely Lekha Dutta (Complainant No. 2 herein) and submitted application for purchasing the same. The Complainant has stated that in due course of working hours of that day the OP No.3 credited the maturity amount of Rs.47,000/- & Rs. 20,000/- to their S. B. Account being No.5500801225 & 5500803153 but refused to transfer said amount from S. B. Account to any new NSC Account which the complainants intended to purchase and returned all the documents to the Complainant No. 1 after 3 p.m. without stating any reason and without putting any endorsement acknowledging the same on the said application and, therefore, being aggrieved the Complainants through their agent intimated the said matter to OP No.4 vide letter dt.1.4.2017, 3.4.2017, 11.4.2017, 17.4.2017 & 15.5.2017 but the OP No.4 did not take any measure to redress the grievances of the Complainants. It is stated by the Complainants that 31.3.2017 being the last date of financial year 2016-2017 was the last date to deposit money for getting tax benefit but such act of OP made them deprived of getting tax exemption and, therefore, the Complainant by filing the instant Consumer Complaint prayed for directions upon the OPs to pay Rs.6971/- towards tax exemption to pay Rs.10,000/- towards compensation, to pay Rs.3,000/- towards cost of litigation and to pass an order on Chief Post Master General to initiate disciplinary action against OP Nos.2 & 3. The Complainant annexed application form, photocopy of A/Cs being No.5500801225 & 5500803153 letter dt.1.4.2017, 3.4.2017, 11.4.2017, 17.4.2017 & 15.5.2017 issued by the agent of the Complainant.
The OPs contested the case by filing written version denying and disputing all the allegations made out in the petition of complaint stating inter alia, that maturity amount of Rs.47,000/- & Rs. 20,000 has been credited to the account of the Complainants on 31.3.2017 but no new application form has been received by the OPs either from the Complainants or from his agent on 31.3.2017.
The OPs have further stated that the Complainants annexed a copy of undated application form to the petition of complaint which raises serious doubt regarding submission of the same on 31.3.2017.
It is further stated by the OPs that on 31.3.2017 the agent of the Complainants namely Chandra Sekhar Mondal had submitted only one NSC form which was duly received and a new NSC was issued in favour of the said applicants still the said agent lodged a complaint and on receiving the said complaint the concerned Department initiated a Departmental enquiry regarding refusal to accept the application form for purchasing a new NSC but nothing was found in Departmental enquiry and, accordingly, the OPs prayed for dismissal of the case.
Both parties adduced evidence followed by cross-examination in the form of questionnaire and reply thereto.
In course of argument Ld. Advocate for the Complainant submitted that in spite of submitting application for NSC at about 10 a.m. on 31.3.2017, the OP No.3 did not issue new NSC and returned the documents after 3 p.m. without citing any reason and the Complainant lost the opportunity of getting income tax exemption for the year 2016-17, and for such act the OPs are liable to compensate the Complainant.
In support of such contention, the Complainants placed reliance upon the decision of Hon’ble Calcutta High Court in case No.WP 11654(W) [Nupur Ghoshal vs Union of India & Ors].
Ld. Advocate for the OP submitted that no application for issuance of new NSC was submitted by the Complainant or on behalf of the Complainant. It is further submitted by Ld. Advocate for the OP that on 31.3.2017, the Complainant No. 1 was not personally present and the agent might have failed to submit application.
Points for determination
- Whether there is deficiency in providing service on the part of the OPs?
- Whether the Complainant is entitled to the relief as prayed for?
Decision with reasons
Point Nos.1 & 2
Both the points are taken up together for comprehensive discussion and decision.
Admittedly, the Complainant received an amount of Rs.47,000/- & Rs. 20,000/- towards maturity amount of NSC which has been credited to their account being No.5500801225 & 5500803153 respectively on 31.3.2017.
The Complainants claimed to have submitted fresh application for issuance of new NSC in their favour. In support of such averment the Complainant has filed original application form. On perusal of said undated form, it appears that application form for issuance of new NSC on an amount of Rs.67,000/- (Rs. 47,000/- & Rs. 20,000/-) for a period of five years by withdrawing the amount from S.B. Account Nos.5500801225 & 5500803153 respectively has been filled up by the Complainant but Point Nos.3, 5 & 7 of that form has not been filled up which was mandatory to be filled by the customer.
The OPs controverted the statement of the Complainant stating on oath that no such application was filed on the said date.
However, for argument’s sake, if we consider that the Complainant deposited the application form (Marked as Annexure A to the petition of complaint) with the OP No.3 and in spite of receiving the same the OP No.3 did not issue any NSC in favour of the applicant but on perusal of the said form, it appears that the said form is not filled up properly as point Nos.3, 5 & 7 which are mandatory for the applicant to fill up are remaining blank. Therefore, even on receiving such incomplete application form no NSC could be issued by the Authority. It is, therefore, held that the Complainants have failed to substantiate his allegation of deficiency in service on the part of the OPs.
The Complainant have further stated that he has to incur loss to the tune of Rs.6971/- towards tax exemption but, the Complainant did not file any documents regarding payment of income tax for the year 2016-2017. Had the Complainants filed this document, it would have been transpired therefrom that how much loss the Complainant had to incur. The case law upon which the Complainant placed reliance is of different context.
Point Nos.1 & 2 are decided accordingly.
In the result, the Consumer Complainant does not succeed.
Hence
ordered
That CC/365/2017 is dismissed on contest
