DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK

Dated the 28^th day of October, 2020

C.D Case No. 21 of 2018

                                                   Present 1. Shri Raghunath Kar, President

                                                                2. Shri Basanta Kumar Mallick, Member

                                                                3. Afsara Begum, Member

1. Kumari Bikismita Samal

2. Kumari Barsa Rani Samal

Both are D/o Sanjay Kumar Samal

At: Baigadi (Suni),

Po: Sarasada,

Ps: Bhandaripokhari,

Dist: Bhadrak, Odisha

                                                        ……………………. Complainant

            (Versus)

1. Kulamani Das

S/o Late Gouri Das

At/Po: Malada,

Ps: Bhandaripokhari,

Dist: Bhadrak,

2. Pradosh Kumar Nayak

S/o Late Chintamani Nayak

Ps: Bhandaripokhari,

Dist: Bhadrak, Odisha

                                                             ……………………..Opp. Parties

Counsel For Complainant: Sri J. Senapati, Adv  

Counsel For the O.Ps No. 1: Ex-parte

Counsel For the O.Ps No. 2: Sri D. R. Mohapatra, Adv

Date of hearing: 28.08.2019

Date of order: 28.10.2020

RAGHUNATH KAR, PRESIDENT

This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.

The facts of the case narrated in the complaint are to the effect that the complainants opened their account under SUKANYA YOJANA SCHEME vide A/C No. 2620075 Dt. 27.03.2015 and 2620074 Dt. 27.03.2015 respectively, under the guidance and control of the OP No.1. At the time of opening of the said accounts OP No.1 was the postmaster of the Sarasad post office. The complainant No.1 deposited her installment RS 1000/- on Dt. 27.03.2015. Then the 2^nd deposit of RS 100/- on Dt. 30.04.2015, the third deposit on Dt. 03.07.2015 of RS 500/-, fourth deposit of RS. 1000/- on Dt. 12.02.2016, the fifth deposit on dt. 29.03.2016 RS. 500/- , the sixth deposit on Dt. 29.07.2016 of RS. 500/- , the seventh deposit on Dt. 27.06.2017 of RS. 700/- and last deposit i.e. to the date of cause of action to this case on Dt. 15.02.2018 of RS. 800/-. As a whole the complainant No.1 has deposited a total amount of RS. 5100/- and apart from above the interest for the year 2015-16 i.e RS. 143/-. So the complainant has got RS. 5243/- in her account till Dt. 15.02.2018. That after that on Dt. 09.03.2018 when the grandfather of the complainant went to the post office to deposit the next deposit and handed over the passbook with RS 500/- the OP No.2 ( the successive post master who had joined just recent after the transfer of the OP No. 1 to some other post office ). The O.P No. 2 took the account passbook from the grandfather of the complainant and put a cross line over the last deposit entry of the pass book and on asking by grandfather the OP No. 2 answered him that, the said last deposit amount is not there in the office record. The same has not been deposited by the then the post master i.e the OP No. 1 . The OP No. 2 also told to the grandfather of the complainant that, that said money of RS. 800/- would have been misappropriated by the OP No. 1. As like the above account of the complainant No. 1 the complainant No.2 has also faced same trouble by the O.Ps. That the grandfather of the complainant has deposited several dates as equal as the A/C No. 2620075 and the last deposit entry dt. 15.02.2018 of RS. 800/- has been put crossed line by the OP No. 2 stating the ground above. The complainants have sustained RS. 1600/- by putting cross line in the entries of the pass books caused by the O.Ps. The Ops, have misappropriated the aforesaid amount of the complainants and their liable for the loss of the complainants. The O.Ps have caused deficiency of service and dishonest trade practice, as a result of which the complainants have sustained mental agony and physical torture. The cause of action arose on Dtd. 15.02.2018 and Dtd. 09.03.2018 when the O.P No.2 put a cross line on the entry of deposit. Hence the complainants have sought for the following reliefs-:

1. The Ops be directed to correct the passbooks and allow to re-entry RS. 800/- each in their account with interest.
2. The Ops be directed to pay compensation of RS. 10,000/- and RS. 5000/- towards the penalty.

DOCUMENTS RELIED UPON BY THE COMPLAINANANT (Xerox copies)

1. The passbook vide A/c No. 2620074.
2. The passbook vide A/c No. 2620075.

On the other hand both the O.ps have filed their written version analogously. The fact of the written version is as follows. On verification of records of Sarasada Branch Post Office and Bhandaripokhori sub post office , it is found that Sukanya Samridhi Yojana (SSY) A/C No. 2620075 (New A/C No. 8450157073) and 2620074 ( New A/C No. 8450157066) have been opened by one Smt. Suvagi Samal. W/o- Sanjay Kumar Samal , At- Baigadia(Sunni), Po- Sarasada, Via- Bhandaripokhori, Dist- Bhadrak in the name of her minor daughters Kumari Bikismita Samal & Kumari Barsa Rani Samal respectively. Said Smt. Suvagi Samal is acting as natural guardian in maintaining the aforesaid SSY accounts on behalf of her two minor daughters.

The O.Ps have further averred that they do not recognize the role of Nurshingha Samal in maintaining the aforesaid two numbers of accounts as he is no way related to the said accounts. His claim as representative guardian of the depositors of aforesaid accounts is not acceptable, as natural guardian in the name of Smt. Suvagi Samal is taking care of maintenance of the said accounts on behalf of the minor A/C holders. In this regard a copy of Sukanya Samridhi Accounts Rules, 2014 is annexed as Annexure - R/1. The role of Sri Nurshingha Samal is not recognized by the O.Ps. In relation to the maintenance of the aforesaid accounts, his claim being an affected party in this case is not acceptable and maintainable. As the cause of action is not related with Sri Nurshingha Samal in any way the O.Ps have no liability for entertaining his claim of compensation and penalty. The O.Ps department is taking departmental action to investigate the discrepancy if any in the SSY Account No. 2620075(New A/C No. 8450157073) and 2620074 (New A/S No. 8450157066) and for taking appropriate action to settle the matter.

Hence, the O.Ps have prayed for the dismissal of this proceeding.

DOCUMENT FILED BY THE O.Ps (Xerox copies) :-

1. The Gazette of India (Annexure – R/1) …… 2 sheets.
2. Index ….. 1 sheet.

                                  OBSEEVATION

We have already gone through the complaint as well as the documents filed by the O.Ps. It is  a fact that 01 – Kumari Bikismita Samal and 02 – Kumari Barsarani Samal are the account holders under “SUKANYA YOGONA SCHEME” vide A/C No. 2620075 and A/C No. 2620074 respectively. Both the complainants are minors and they themselves are the account holders. Their mother guardian Suvagi Samal is the legal guardian of both the minor complainants. It is also fact that the O.Ps have put cross marks in the last part of the passbooks, it also remarked that rejected.

In this case Nurshingha Samal has become the legal representative of both the minor account holders. It is nowhere mentioned that Nurshingha Samal is which way related to the minor complainants. The complainants have failed to mentioned or averred in the complaint that Nurshingha Samal is the representative guardian of the A/C holders. As per the law the mother guardian of both the minor A/C holders, Suvagi Samal should have been impleaded as the representative guardian of the depositors of the aforesaid two account holders. Nurshingha Samal is a stranger to this complaint. He is a mis-joinder of necessary party to this complaint and Suvagi Samal is a non-joinder of necessary party to this complaint. The O.Ps have objected that, they have not recognize the role of Nurshingha Samal in relation to the maintenance of aforesaid two accounts. Both the minor complainants should have claimed their liabilities against the O.Ps under the guardianship of their mother guardian. The name of Suvagi Samal has been reflected in both the passbooks and accounts as in the office record of the O.Ps. Nurshingha Samal is the unknown person and stranger to this account. No document has been filed on behalf of the complainants that, Nurshingha Samal is the legal guardian of both the complainants. So the claim of Nurshingha Samal becoming the complainant is not genuine. Had Nurshingha Samal become the legal guardian of the two minor complainants, had is name been reflected in the passbooks or in the records of the O.Ps office existed, had Nurshingha Samal filed any affidavit on behalf of the minor account holders disclosing his relationship with the minors A/C holders, then his complaint could have been accepted. It is further observed that, the cause of action of this proceeding is not related with Nurshingha Samal. In this proceeding the O.P No. 1 earlier postmaster Sarasada post office is a mis-joinder of necessary party to this case. Further the superintendent of post offices should have been impleaded as a necessary party to the case. In absence of the aforesaid facts the complainants are not entitled to any relief. This complaint suffers from mis-joinder and non-joinder of necessary parties.  So this proceeding is not maintainable due to non-joinder and mis-joinder of necessary party. Hence it is ordered;

                                                ORDER

Hence this proceeding be and the same is dismissed on contest against O.P No. 2 and ex-parte against the O.P No. 1.

This order is pronounced in the open Forum on this day of 28^th October, 2020 under my hand and seal of the Forum.