Orissa

Jajapur

CC/49/2015

Parsuram Jena - Complainant(s)

Versus

Post Master ,Baricuttack,SO - Opp.Party(s)

P.K.Kar

09 Feb 2016

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                        

        Dated the 9th day of February,2016.

                                        C.C.Case No.49 of 2015

Parsuram Jena,  S/O Late Indrajit Jena

Vill . Benjarpur,P.S. Bari-Ramchandrapur

Dist. Jajpur.                                                                                                      …… ……....Complainant .                                                        .                                                  (Versus) 

Post Master Bari Cuttack S.O,At.Bari,P.O.Bari-cuttack

 P.S.Bari-Ramchandrapur,   Dist.Jajpur.

                                                                                                                             ……………..Opp.Party.                                                                                                                                                                                                                                      

For the Complainant:                             Sri Pabitra. Ku. Kar, Advocate.

For the Opp.Party:                                 Sri Ajay. Ku. Das, Advocate.                                                                                    

MISS SMITA  RAY , L A D Y M E M B E R.                         Date of order:  09. 02. 2016.

                                                                                                                                         

                        Deficiency in  service is the grievance of the complainant.

                        The complainant being one of the legal heir of his deceased father Indramani Jena has filed this dispute alleging deficiency in service on the part of the postal authority.

                        Brief facts of the complainant’s case are that his father late Indramani Jena deposited Rs.50,000/- in the office of the O.P. in the year 2006 bearing A/C No.7567503 dt. 09.12.2006 and the interest accrued thereon was regularly deposited / credited in the A/C No.7567503 till the year 2010. After that no interest was credited in the said A/C for which the family members of the complainant could not maintain and manage the day to day affairs of the family. After the death of Indramani Jena complainant submitted all the relevant papers to the O.P but the O.P turn a deaf ear to it is not crediting any quarterly interest to the aforesaid  account for which the complainant suffered mental agony etc. Hence alleging deficiency in service on the part of the O.P, the complainant filed this dispute with the prayer to direct the O.P. to credit all the outstanding / arrear interest in A/C No.7567503 and to pay a compensation of Rs.50,000/- towards the deficiency in service on the part of the O.P.

                        The O.P. was noticed. The Superintendent of post Office, Cuttack North Division appeared on behalf of the O.P through his advocate and filed the written version denying the allegations made in the complaint petition and inter alia pleaded that the complainant Sri Parsuram Jena, S/O Late Indrajit jena Vill.Benjarapur, P.S. Bari  Ramchandrapur, Jajpur had  opened  one  Joint

“B” SCSS account in the name of Sri Indrajit Jena and Sri Parsuram jena on 09.12.2006 by depositing Rs.50,000/- . The Senior Citizen account was introduced with effect from 02/08/2004. As per Rule 1(i) the account may be opened by individual who has attained the age of 60 years on the date of opening of an account and by whom or on whose behalf money is deposited in an account under these rules. The account may be opened in individual capacity or jointly with spouse (Spouse means Husband or Wife). It is not necessary for the spouse to be 60 years or 55 years, as the case may be. There is no age bar limit for the 2^nd applicant / joint holder(spouse) . In case of joint account, the account may be either joint “A” type or joint “B” type. This may be indicated on the top of the application from. The 2^nd depositor i.e Sri Parsuram jena is not the spouse of the 1^st depositor so the account was opened in contravention of rules. The account was opened for Rs.50,000/- on 09.12.2006 at Bari Cuttack S.O bearing account no.7567503, the copy of the ledger card is enclosed. Sri Indrajit jena expired on 10.07.2010. The post office paid the usual interest applicable for senior Citizen Account on the account from 02/04/2007 to 08/07/2010 for Rs. 16033. The payment of this interest on the SCSS account opened in contravention of rules was detected only after the death of the depositor and on claim of Sri Parsuram Jena, the complainant. Thereafter, when the  fact of this irregular opening of the account came into notice, no interest withdrawal was allowed in the said account. The claim of the complainant was not entertained since the claim documents were received by the concerned Sub Divisional head from the Sub post master Bari Cuttack S.O for verification with a request to send the verified documents to Jajpur H.O for sanction. All the documents were verified except some as two members  of the legal heir were residing outside India. All the documents were  send to Jajpur HO for verification. The complainant also never appeared to claim the interest from the Sub Post Office after the death of Sri Indrajit jena.

                        It is also further stated that the last interest withdrawn in the said SCSS account was made on 08.07.2010. As per the death certificate the depositor i.e Sri Indrajit Jena expired on 10/07/2010. Thereafter no interest withdrawal was made in this account. As the interest withdrawal in the SCSS account were made by cash only, there is no question of transferring interest to the SB Account No.149899 which also does not exist at Bari Cuttack S.O.

                        It is pleaded that the interest withdrawal of the said SCSS account was made by cash and not transferred to Account No.149899 which does no exist in Bari Cuttack SO. Therefore the interest withdrawal was stopped after the death of first depositor (i.e Sri Indrajit Jena). Thereafter the complainant also never appeared to claim the interest from the post Office. On scrutiny of the claim papers at Jajpur HO, it was found that the other depositor i.e Sri Parsuram jena is neither a senior citizen nor the spouse of the deceased Sri Indrajit jena.  Hence,  the  case  was returned to the SPM,

Bari Cuttack S.O on 04/06/2015 for necessary action at his end. Under the above circumstances there is no deficiency on the part of the O.P. and the C.C.Case is liable to be dismissed.

                        On the date of hearing we have heard arguments from both sides, perused the pleadings and documents available  on record.

                        We have  verified the record and documents in detail. On perusal of the record it is found that the complainant filed a petition on 11.01.16 stating that the complainant is ready and willing to receive the savings Bank interest from 08.07.2010 till date. The O.P is willing to provide S.B interest on the fixed deposit. The copy of the petition was served on the advocate for the O.P. and opportunity was given to the O.P to file objection but the O.P. did not choose to file objection to the petition filed by the complainant on 11.01.06. Hence, we are bound to accept the petition of the complainant dt.11.01.06. The learned advocate for the O.P also during course of argument conceeded to give S.B interest to the complainant. On the above facts and circumstances without drawing any  adverse inference against the O.P we would like to dispose of the case on the following direction.

                        O.P is directed to credit S.B interest in the account of the complainant bearing A/C No.7567503 from 08.07.2010 till date and the withdrawal of interest be allowed to the complainant as per law.         

                                                                              O R D E R

                        In the result the C.C. Case is disposed of on the aforesaid direction . There is no order as to costs .

 

             This  order is  pronounced in the open Forum on this the  9th  day of  February, 2016. under my hand and seal of the Forum.