Presented by Sri B.K. Pati, Member:-<br /> <br /> The present complaint pertains to deficiency of service as provided under the Consumer Protection Act-1986. Its brief history is as follows:- <br /> <br /> The Complainant opened a Pass Book bearing Account No. 10205232 in the office of the Opposite Party No.1(one) on Dt. 27/01/2007 by depositing Rs. 100/-(Rupees one hundred)only. Subsequently on Dt.20/02/2007 an amount of Rs.20,000/-(Rupees twenty thousand)only was deposited in the said account but the Opposite Party No.1(one) & No.2(two) did not provide with any Pass Book to show the status of her account. The Complainant went to the office of the Opposite Party No.1 (one) and No.2 (two) on various occasions but she was returned with an assurance to send it immediately, which they did not do. On Dt.15/11/2007 the Complainant went to the office of the Opposite Party No.1(one) who assured her to send the Pass Book within seven days but without any result, which gave rise to the cause of action to file this complaint against the Opposite Parties.<br /> <br /> The Complainant prays for directing the Opposite Parties to provide the Pass Book showing the status of the deposit along with a compensation of Rs.10,000/-(Rupees ten thousand)only to be paid to her for harassment and inconvenience caused to her by the Opposite Parties.<br /> <br /> The Opposite Party No.1(one) & No.2(two) filed their version through the Superintendent of Post Offices, Sambalpur Division, their competent authority to do so wherein the opening of the Pass Book bearing Account No. 10205232 by the Complainant in the office of the Opposite Party No.1 (one) by depositing Rs.100/-(Rupees one hundred)only, has been admitted. The Pass Book was received by the Complainant on Dt. 08/02/2007. Subsequently, on Dt.19/02/2007 the father of the petitioner deposited a sum of Rs.20,000/-(Rupees twenty thousand)only in the said account and the Pass Book was delivered to the father of the Complainant on the spot after necessary entry of the deposit. The Pass Book has a balance of Rs.20,159/-(Rupees twenty thousand one hundred fifty nine)only, after adding interest for the year 2007. Since the deposit of Rs.20,000/-(Rupees twenty thousand)only, the Pass Book was with the father of the Petitioner. The Pass Book was with the petitioner's father till dated 01/02/2008. During the course of inquiry the ASPOs I/C Bargarh has seized the Pass Book and requested to the Petitioner to take delivery of the same which the Petitioner denied before two local witnesses. Hence the Petitioner is not entitled to get any compensation in view of the above fact. The Opposite Party No.1(one) & No.2(two) pray for dismissal of the complaint with cost and to direct the Complainant to collect the Pass Book from the Opposite Party No.1(one).<br /> <br /> The Opposite Party No.3(three) contends that he is not in any way connected with the alleged deficiency of service as the matter concerned a Central Government agency over which this Opposite Party has no authority or control and so he prays for dismissal of the complaint against him with cost.<br /> <br /> Perused the complaint, the version of the Opposite Parties and copies of documents filed by the Parties and find as follows:-<br /> <br /> The opening of the Pass Book in question by the Complainant with the deposit of Rs.100/- (Rupees one hundred)only, on Dt. 27/01/2007 and further deposit of Rs.20,000/-(Rupees twenty thousand)only on Dt.19/02/2007 in the said account are admitted facts. The only complaint against the Opposite Party No.1(one) & No.2(two)by the Complainant is that the Pass Book was not returned back to her after the last deposit, although she claims to have requested the Opposite Parties several times for the same. Annexure -1, which is the copy of the Preliminary Saving Bank Receipt No.36 Dt.25/01/2007 reveals that the Complainant has received the Pass Book on Dt. 08/02/2007 appending her signature on the revers side thereof. The Opposite Party No.1(one) & No.2(two) contend that, the father of the Complainant deposited Rs.20,000/- (Rupees twenty thousand)only on Dt.19/20.02.2007 which was accounted for with the necessary entry in the Pass Book and the same was delivered on the spot to the father of the Complainant by Opposite Party No.1(one). Annexure-2 is the copy of the statement given by the father of the Complainant before the ASPOs I/C, Bargarh on Dt.01/02/2008 in the presence of two witnesses, wherein he says that his daughter, the Complainant, had given him the Pass Book along with Rs.20,000/-(Rupees twenty thousand)only, given by her husband to be deposited in the said Pass Book and that, accordingly, he had deposited Rs.20,000/-(Rupees twenty thousand)only, on Dt.19/02/2007. He further states that since the daughter was in the father-in-law's house, he had himself kept the Pass Book with him and was handing over the same to the ASPOs I/C, Bargarh.<br /> <br /> On the petition of the Complainant Dt.11/04/2008 the Opposite Parties were directed to produce the Pass Book in the Forum and now the Pass Book is in the custody of the Forum. The Pass Book contains the entries of the deposits made in the account. <br /> <br /> The above facts supported by the copies of documents corroborate the contention of the Opposite Party No.1(one) & No.2(two) that the Pass Book was handed over to the father of the Petitioner after deposit of Rs.20,000/-(Rupees twenty thousand)only made by him on Dt.19/20.02.2007. Naturally, no case of deficiency of service by the Opposite Party No.1(one) & No.2(two) towards the Complainant has been established. <br /> <br /> In the result, the Opposite Party No.1(one) & No.2(two) are allowed to take back the original Pass Book from the custody of the Forum and hand it over to the Complainant . The Complainant is directed to collect the Pass Book from the Opposite Party No.1(one). <br /> <br /> The Opposite Party No.3(three) is in no way connected with case of the Complainant and as such, there is no scope to bring him with in the purview of discussion as regards the case.<br /> Complaint disposed of accordingly.<br /> No cost.<br /> <br />