Smt. Sangita Paul, Member
This is a case filed by Shri Anirban Das C/o. Anil Kumar Das of Village and P.O. – Keoratala, P.S. – Dholahat, Dist. – 24 Parganas (South), Kolkata-743 348 against Post Master, Nischintapur Post Office, 24 Parganas (South), Pin – 743 374, Post Master, Diamond Harbour H.O. Post Office Noongola, 24 Parganas (South), Pin 743 331 and superintendent of Post Office 24 Parganas (South), Kolkata – 700 144.
OP no.1 is Post Master, Nischintapur Post Office. The address is 24 Parganas (South), Pin – 743 374.
OP No.2 is Post Master, Diamond Harbour H.O. Post Office. The Address is Noongola, 24 Parganas (South), Pin – 743 331.
OP No.3 is Superintendent of post Office, 24 Parganas (South). The address is P.O. & P.S. – Baruipur, 24 Parganas (South), Kolkata – 700 144.
OPs 1, 2 and 3 are Govt. of India Enterprise.
The complainant, by filing this case states that he purchased Kisan Bikas Patra certificates from OP No.1 and the maturity date of the certificate was 29.05.2019. After the date of maturity of the said certificate, the complainant approached the Post Office of Nischintapur i.e. the OP No.1 and a cheque of maturity amount of Rs.40,000/- has been issued by the OP in favour of the complainant being cheque No.971534 dated 04.06.2019. complainant submitted the aforesaid cheque in the united Bank of India, Nichintapur Branch, but the said cheque was bounced. Being surprised, the complainant immediately approached the office of the OPs 1 and 2. Complainant was told that due to some inadvertent procedural mistake on their part, the cheque has been bounced. The officials assured complainant that a new cheque would be issued in the name of the complainant. Afterwards, the complainant visited the Office of the OPs 1 and 2, but they took time on one pretext or the other. Complainant also sent several petitions, but till date no action has been taken.
Before lodging the complaint case, the complainant approached the office of the Assistant Director and Fair Business Practice but mediation failed. Finally a cheque was issued on 28.01.2020. But due to utter negligence on the part of the OPs, complainant is suffering loss.
That the cause of action of the instant complaint proceeding arose on 29.05.2019 and the cause of action is still continuing.
Complainant prays for directing the OPs to credit the amount of Rs.40,000/- with accumulated interest in favour of the complainant for the period commencing from the date of maturity till the date when the cheque has finally been issued along with imposing such further cost or compensation, to pay compensation to the tune of Rs.20,000/- only.
That the OPs, in the written Version state that complainant purchased Kisan Vikas Patra certificates from OP No.1, the certificates bearing No.31CE 039232 and 31CE039233 under the Registration No.6898. The date of purchase was 29.05.2019. After maturity of the said certificate complainant approached to Nischintapur Post Office 29.05.2019 for encashment.
The cheque issuing authority is Diamond Harbour H.O. (OP No.2). Op no.2 issued a cheque of maturity amount of Rs.40,000/- only. The cheque was issued on 04.06.2019 in favour of complainant bearing cheque No.971534, dated 04.06.2019. It was handed over to complainant on 10.06.2019. Complainant submitted the cheque to United Bank of India (Presently Punjab National Bank), Nischintapur Branch for encashment. But the Bank returned the said cheque with following remark “05PI contact Drawer Drawee B.” As a cheque issued by a Post Office which is a Government of India concern, maintains the treasury account with the SBI, Diamond Harbour Branch, no question of bouncing the cheque arises.
As the cheque, which was deposited by complainant was not encashed, by the united Bank of India, (presently Punjab National Bank), OP No.1 informed it to OP No.2. It was informed by the Chief Manager, SBI that non-clearance of the cheque, was due to the technical fault. So it is returned and unpaid by centralized cheque processing centre at the part of Diamond Harbour Branch.
Complainant returned the cheque on 05.11.2019 and intentionally delaying the time for demanding extra money as post maturity interest. It is completely illegal. OPs 1 and 2 issued a fresh cheque amounting to Rs.40,000/-. Complainant desired to receive this amount.
KVPs were discharged on 20.05.2019 the cheque was issued on 10.06.2019 to complainant, again a fresh cheque was issued on 28.01.2020 by the OPs. So there is no ground for giving post maturity interest to the complainant.
That the instant case was filed on 19.02.2020. the case was admitted on 28.02.2020. Notice was sent to the OPs on 08.02.2021. OPs appeared and filed W/V. OPs file evidence on affidavit. Argument was heard on 15.07.2022 and we proceeded for giving judgement.
Points of Consideration :-
- Is the complainant a consumer?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with Reasons :-
- Complainant purchased the Kisan Vikas Patra – certificate from OP No.1 i.e. Postmaster, Nischintapur Post Office. The maturity date of there certificate was 29.05.2019. After the date of maturity, complainant went to Nischintapur Post Office for encashment of the said certificates. Complainant was issued a cheque of maturity amount of Rs.4000/- only. After depositing the cheque, complainant was supposed to receive the said amount due to some discrepancies on the part of the bank, complainant was deprived of getting the said amount. As complainant purchased the Kissan Vikas Patra, amounting to Rs.40,000/-, complainant is a consumer U/S 2(7) of the Consumer protection Act 2019.
- Complainant, being a consumer, approached the Post Office of Nischintapur to inform that his Kisan Vikas Patra has been matured. Complainant was issued a cheque as his Kisan Vikas Patra maturity amount is to Rs.40,000/-. The cheque was issued in favour of complainant, being cheque No.971534 dated 04.06.2019. Complainant faced problem when he deposited the said cheque to United Bank of India (Presently Punjab National Bank), Nischintapur Branch. But to his utter surprise, complainant found that the said cheque was not encashed. The United Bank of India, Nischintapur Branch returned the cheque to complainant with a remark “O5PI contact Drawer Drawee B”. Complainant failed to decipher the meaning of the words. Complainant purchased the Kisan Vikas Patra Certificates bearing No.31CE039232 and 31CE039233 under the Registration No.6898 dated 29.05.2019. Complainant thought that he would receive the said cash. But the said bank, i.e. United Bank of India (Presently Punjab National Bank) failed to disburse cash due to some internal fault which the OPs admitted in their Written Version, complainant failed to get the cash. Complainant was totally ignorant of these minute details of SBI and Post Office. On the whole complainant did not get the amount of Rs.40,000/- against the cheque. It was due to deficiency in service and unfair trade practice of the OPs, complainant faced difficulty, in getting the money back.
OPs are deficient in rendering service.OPs did not inform the complainant about the technicalities involved in the transaction.As a result, complainant would not get money as he deposited the cheque in United Bank of India (Presently Punjab National Bank) on 04.06.2019.Complainant purchased Kisana Vikas Patra, but failed to receive money by depositing the cheque.It is a clear example of unfair Trade Practice adopted by the OPs.Though on 14.08.2019, Post Master (HSG-I) Diamond harbor H.O. informed Nischintapur S.O. State Bank of India, Diamond harbor Branch is the clearing House of Diamond Harbor P.O.The problem has solved on or before 23.07.2019.So the second point is decided in favour of complainant.
- Complainant was harassed by the OPs. Complainant run from pillar to post to solve his problem. The date of maturity of Kisan Vikas Patra was 29.05.2019. Complainant went to Nischintapur Post Office. OP No.1 i.e. Nischintapur Post Office issued a cheque in favour of complainant on 04.06.2019. The cheque being No.971534 was drawn in favour of the complainant. Complainant submitted the aforesaid cheque of SBI to United Bank of India (presently Punjab National Bank), but complainant failed to receive money due to no fault of his own. Complainant was not responsible for the technical fault of SBI. Complainant was in dire need of money. But he failed to get the money on the exact adate. Not only that, he was a bit confused. He failed to understand, if he would get money. At last he got a fresh cheque from the postmaster, Nischintapur Post Office on 28.01.2020. The fresh cheque being cheque No.000924 was issued in favour of complainant. The amount of the cheque was Rs.40,000/-. His KVP was matured on 29.05.2019. The fresh cheque was issued on 28.01.2020. Complainant could not use the money at the time of his need. During that period complainant spent time in mental pain and agony. So he is entitled to relief as prayed for. So the 3rd point is settled in favour of complainant.
In the result, the complainant case succeeds.Hence,
Ordered
That the complainant be and the same is allowed on contest against all the OPs with cost of Rs.20,000/-.
That the OPs jointly or severally are directed to pay the accumulated interest on Rs.4,000/- with simple interest @10% p.a. w.e.f. 29.05.2019 till realization of the same within 60 days from the date of this order.
That the OPs jointly or severally are directed to pay compensation to the tune of Rs.20,000/- to the complainant for the mental pain, agony and harassment within 60 days from the date of this order.
That the OPs jointly or severally are directed to pay the litigation cost of Rs.20,000/- within the stipulated period of 60 days.
Complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 60 days.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be made available on Dictated and corrected by me.
(Sangita Paul)
Member
