JUDGEMENT

          Complainant by filing this complaint has submitted that he purchased three number of National Saving Certificate (NSC) each of Rs. 5,000/- on 17.04.1998 in the name of GM, Ordnance Factory, Dum Dum which was matured on 17.04.2004 being No. 07DD 022586, 07DD 022587 and 07DD 022588 respectively for the purpose of providing financial assistance to a proprietorship company namely M/s Econ(Defense Contractor).  Soon after maturity the complainant contacted the op no.1 regarding the amount of maturity value, but the Post Master of the concerned post office, i.e. op no.1  advised him to get all the certificates released from the Ordinance Factory by means of a release order.

          On 23.05.2007 the office of the General Manager, Ordnance Factory, Dum Dum released the 3 NSCs which were mortgaged with the Ordnance Factory along with the Release Order to the complainant.  On receipt of the same complainant approached the op no.1 Post Master to disburse the maturity value of the matured 3 NSCs but he was asked to come back with the certificates few days later as post master required some instructions from his higher authorities on payment of matured value.  But ultimately op no.1/Post Master did not release the same.

          On the other hand the postal authorities submitted that ops are guided by postal rules and the certificate for pleadging the NSC in favour of GM, Ordnance Factory, Dum Dum Form No. NC-41 was required to be filled up but unfortunately and/or inadvertently the complainant filled up Form No. NC-71 instead of Form No. NS 41 for which nothing was mentioned in the office records as the process not routed through SPM, Ordnance Factory Post Office, as per Postal Rules and as because the said NSCs were not placed to the said Post Office for which the Release Order dated 23.05.2007 issued by GM, Ordnance Factory, Dum Dum was not sent to SPM, Ordnace Factory Post Office.  Further M/s Econ intimated that matured value would be paid to him but the name of M/s Econ did or does not appear in the purchased application for which payment was not made and there was/is no deficiency in service in respect of non-payment of matured value.

          Further is submitted that NSCs were never placed before the SPM, Ordnance Factory Post Office as per rules, only after received the Release Order dated 04.01.2011 the matter was come to the notice of SPM, Ordnance Factory Post Office and the matter was promptly sent for regularization, therefore there was/is no negligence or deficiency of service on the part of the those ops.  If the purchased application be filled up by the complainant correctly and the pleading routed through the SPM, Ordnance Factory Post Office then the matter easily could be solved/settled earlier.  Fact remains the mistake and negligence was made by the complainant himself, therefore instant case is liable to be dismissed and in the circumstances they prayed for dismissal of this case.

                                                  Decision with reasons

          On proper study of the complaint including the written version and also the copy of the NSCs being No. 07DD 022586 & 07DD 022588 for denomination of the services of Rs. 5,000/- each was placed before the GM, Ordnance Factory, Dum Dum on behalf of complainant Amal Kumar Dey and same were purchased on 17.04.1998 and date of maturity is noted 17.04.2004 whereas Release Order was issued by the GM, Ordnance Factory in favour of M/s Econ.  But no Release Order was issued in the name of the complainant.

          Moreover the GM, Ordnance Factory, Dum Dum did not issue any release order in favour of the present complainant Amal Kumar Dey and in fact the said NSCs were issued for six years.  But it would be for five years and most interesting factor is that there was fault on the part of the Post Office who did not properly consider the copy of the 6 years National Saving Certificate (NSC) and at the same time the release order was issued in the name of M/s. Econ but purchase was made by the Amal Kumar Dey.  So, release order ought to have been issued by the GM, Ordnance Factory, Dum Dum in favour of the complainant but that was not issued.  Post Office failed to process the same.  Apparently there is some technical error in the prayer of the complainant and also in respect of Release Order issued by the GM, Ordnance Factory, Dum Dum but fact remains Ordnance Factory authority ought to have released the certificate in favour of the present complainant.  So, fault was on the part of the Ordnance Factory but op did not properly assess the same.

          But truth is that the said amount has not been issued by postal authority.  But truth is that those NSCs were already matured on 17.04.2004 and in the meantime 10 years have already passed but the said amount is within the custody of the op and postal authority never informed the complainant or GM, Ordnance Factory, Dum Dum about the fact but they were sitting idle that is their business in all respect of such cases.  But truth is that complainant roamed from pillar to post for release of the same.

          Fact remains release order was issued on 23.05.2007 and complainant prayed for refund and that was not refunded and another factor is that complainant did not go through original NSCs and always appeared before the postal authority by exposing himself as proprietor of M/s. Econ and NSCs was in the custody of the Ordnance Factory.  So, there was some defect in this regard but postal authority did not point out the matter and continued it for without maintaining the technicalities which is their common practice in almost in all the cases.

          At the same time postal authority has tried to say that the said NSCs were only for five years but it was issued by the post office for six years and it shall be treated as six years NSC policy and when upto date the amount has not been paid invariably in the same rate and complainant is entitled to get back that amount with 8% p.a. rate of interest from the op and fact remains the same NSCs were placed by the complainant on behalf of his M/s. Econ to the factory.  So that NSCs shall be treated as NSC placed by the complainant on behalf of the M/s Econ as proprietor and when complainant himself submitted application form to postal authority, postal authority ought to have released the same but they have tried to show some difficulties on their part and that is the daily business of the postal authority to harass the customer in such a manner and truth is that general performance of the Postal Department is very poor and they are only here and there for the purpose of drawing salary but not serving the people at large.  Though in India Postal Service is highly required but service is worthless in all cases and present fact will prove what is the position of the entire administration.  But people do not know how long worthless activities shall be continued and how long they shall deceive the consumer and to harass the customer in such a manner.

          Considering all the above fact and circumstances, it is clear that NSCs were released by the postal authority and no doubt it was purchased in the name of Amal Kumar Dey who is also the proprietor of M/s Econ and in fact complainant is entitled to get back that 3 NSCs’ amount that is Rs. 15,000/- which was deposited on 17.04.1998 with maturity value of Rs. 10,075/- each on 17.04.2004 and that is total Rs. 30,225/-.  Thereafter from 17.04.2004 complainant is entitled to interest @ 8% p.a. over the said sum w.e.f. 17.04.2004 till full payment of the same by the postal authority to the complainant and that interest rate shall be calculated as cumulative interest over Rs. 30,225/-.  But after considering the entire defence it is clear that postal authority is unwilling to give the interest over the said amount for which only to cover their poor performance they have tried to say that it was not properly filed.

          But peculiar factor is that at any point of time no such proper application was sent to the present complainant for refilling the same, whatever it may be, laches is here and there on behalf of the op, their service is completely negligent and worthless and a reasonable prudent man cannot believe that amount of Rs. 30,225/- is within the custody of the postal authority.  But postal authority is silent to release it for last 10 years and it is no doubt a harass made by the ops and it is their daily business though Post Master General is appointed in the Eastern Region who is also responsible for taking such positive step against such dishonest postal staff who have harassed the complainant for the last 10 years since 2004 but he is also silent in his cold glass room.

          In the light of the above observation we are convinced to hold that the whole Postal Department is worthless and situation is such that Postal Department is not in mood to serve the people which is also proved from the fact that it is advertised daily that if any letter is sent by Speed Post, it should be delivered within 24 hours but truth is that even after 24 days it is not served but huge amount is being collected by alluring the customers and those malpractices are being continued by the Postal Authority daily and there is none to raise protest against them because people are disgusted about their dishonest practice.  Post Master General is in the glass cold room, he is only paid for enjoying cool atmosphere in his office and not to sleep from his office to observe the wretched condition of the entire Postal Department and lazy, dishonest staff and at the same time worthless staff are here and there in the Postal Department.  They are passing their days by gossiping in the office not to serve the people.  But they are getting promotion by raising their flags and Post Master General has no other work but to sign the promotion list.  He has no control about proper development of the Postal Service.  Their Vigilance Department is practically a department of winter frogs and this is the situation of the Postal Department.  Many malpractices are being done by the Postal Department but Post Master General is nothing but a blind spectator in this regard and the present instant is an example of Post Master General’s supervision all over West Bengal regarding the performance of the Postal Department.

          Fact remains that in the present case the whole Postal Department are involved and they did not release it in time with intention to harass the complainant and fact remains that complainant failed to give proper bribe for which he was refused again and again and it is the common picture about Postal Staff and others.  Fact remains if anyone without any agent goes to post office, postal staff shall have to harass the customer and it is a business contract with the postal agent.  Postal staff is unwilling to see the customers but they are willing to entertain agents.  This is the truthful picture of the wretched postal administration.  Invariably postal authority shall be very annoyed after reading this judgement.  But if any CBI enquiry is held invariably it would be confirmed by the CBI about the total performance.  Practically there is no vigilance, no surveillance, no inspection, no checking about the daily performance of the postal employees and their staff that has been confirmed in the present case when after maturity for long 10 years postal authority has been mocking with the customer and the present complainant has not yet received the same.  Whether postal authority has become a good juggler in dealing of the money with customer and how long this juggling shall be continued.  But truth is that the complainant has been harassed by the present ops without any reason for last 10 years.

          Ops have failed to release the money for 10 years and the money has not been handed over to the complainant.  So, unfair trade practice is practiced by the postal authority and at the same time for willful and negligent and deficient manner of service of the ops to the present complainant, the complainant is entitled to get a decree with exemplary cost and compensation and no doubt he is entitled to get back the amount from the op and op Postal Authority shall have to release it at once.

          Thus the complaint succeeds.

          Hence, it is

                                                             ORDERED

That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the ops.

          Ops are jointly and severally directed to refund Rs. 30,225/- (Maturity amount of 3 NSCs being No. 07DD 022586, 07DD 022587 and 07DD 022588) and date of purchase was 17.04.1998 and date of maturity was on 17.04.2004  and also interest @ 8% p.a. over the said amount w.e.f. 17.04.2004 and till full and final payment of the amount to the complainant.

          Further for causing mental pain and agony and also for harassing the complainant for loss of 10 years and also for making a joke with the complainant by the ops for 10 years and also for causing financial stringency of the complainant and for adopting unfair trade practice by the ops, ops are also hereby directed to pay penal damages as compensation of Rs.40,000/- to the complainant.

          For adopting unfair trade practice with the customers by the ops and for deceiving the customers in such a manner and only to check the Postal Authority’s wretched and unfair trade practice, ops jointly and severally shall have to pay a sum of Rs.25,000/- as punitive damages for adopting unfair trade practice which shall be paid to this Forum at once.

          Ops are jointly and severally hereby directed to comply the order of this Forum and to satisfy the decree within one month from the date of this order failing which penal action shall be started against them for which further penalty and fine shall be imposed u/s 27 of C.P. Act 1986 for which they are liable.