West Bengal

Paschim Midnapore

CC/194/2012

Sisir Sen - Complainant(s)

Versus

Post Master, Chandrakona Post Office - Opp.Party(s)

29 Jan 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.194/2012                                                         Date of disposal: 29/01/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit  Kumar Das.

                                                      MEMBER : 

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. A. Dutta. Advocate.

    For the Defendant/O.P.S.                           : Mr. S. Parya. Advocate.

          

1. Sisir Sen, 2) Kartik Sen, 3) Nishit Sen, 4) Ajit Sen, all S/o-Lt. Bhairav Sen all resident of Nayagang, P.O.& P.S. Chandrakona, Dist-Paschim Medinipur….…………Complainants.

                                                              Vs.

1. Post Master, Chandrakona Post Office,  P.O.& P.S. Chandrakona, Dist-Paschim  

      Medinipur Pin. 721201; 

2. Senior Superintendent of Post Office P.O. Midnapore, Dist-Paschim Medinipur Pin

      721101…………………………………………………………………………Ops.

   

      The case of the complainant Sri Sisir Sen and others, in short, is that their mother Annapurna Sen had opened a Savings Bank Account being its No.629738 and two term deposits being its No.2510793 and 2510792 in her name.  Unfortunately, Annapurna Sen died on 30/06/12 leaving the complainants in her behind as recorded nominees in respect of the said Savings Bank Account and term deposits.  The complainants accordingly moved before the op with all relevant bank documents etc on 13/12/11 for payment.  Upon examination the Op assured them for payment of the claim as and when the same is available in their office.  But even after expiry of six months and so on, no payment has been given to the complainant.  Ultimately, the complainant were constrained to have presented this petition of complaint with the prayer for getting refund of the money and harassment cost etc.

   

     The Op contested the case by filing written objection challenging that the case is not maintainable and the same is bad for defect of parties.  But it is admitted that deceased Annapurna Sen opened the S.B A/C and term deposits at Chandrakona Sub Post Office.  On

Contd………………….P/2

- ( 2 ) -

23/11/11 the claim form was received by Chandrakona Sub P.O and accordingly the same alongwith S.B. A/C and death certificate were forwarded to the Medinipur Head Office on 15/12/11.

             On receipt, the claimants were asked to submit further documents namely voter identity card, death certificate etc. through Chandrakona Sub P.O.  But the claimant failed to comply the same at that time but finally they submitted the same which were received by Medinipur Head Office on 18/01/2013. 

             While examination it has been detected by the Op. that the registration of nomination in favour of the claimant does not appear in document of S.B. A/C Pass Book and term deposits certificates.  Moreover, the relevant documents maintained in Medinipur Head Office are not readily traceable.  Stating the explanation in the written statement Op claimed that as soon as those records are available the claims will be sanctioned.  So, there is no deficiency of service on their part.  Under such circumstances,the case should be dismissed with cost.

              Upon the case of both parties the following issues are framed in order to arrive at a correct decision in the matter

 

Issues:

1) Whether the complainants have any cause of action for filing this case?

2) Whether the Ops are liable to have committed deficiency of service?

3) If the complainants are entitled to get relief as prayed for?

Decision with reasons

Issue Nos.1 to 3 :

     All the issues are taken up together for discussion.  Ld. Advocate for the claimant argued that the complainants are nominees towards the fund maintained by their mother deceased Annapurna sen.  After expiry of their mother the complainants claimed refund of the money lying with the Op-Post Office.  But on several request, they have not made the payment of the claim in favour of the complainant.  All the relevant documents will show that even after acceptance of the Claim Form alongwith its relevant documents, the payment has not been made.  So, the prayer should be granted in their favour.

Ld. Advocate for the Op Post Office, in reply, submitted that for want of relevant documents submitted by the complainants, the claim for refund of money in the name of deceased Annapuna Sen was not initially done.  But the claimants have already received their claim during pendency of this case.  So, the complainants have no further claim against the Op Post Office.  In this connection, some documents in X-erox copies submitted before the Forum were referred to for the purpose of consideration and to pass an order of dismissal of the case.

      Contd……………..P/3

- ( 3 ) -

             We have carefully perused the case alongwith documents in Xerox copies particularly the documents relating to the payment receipt duly signed by the complainant.  In this regard there is no objection raised by the complainant at the time of final hearing.  This fact of acceptance of the claim leads us to believe that the claimants are satisfied without any further grievance against the Op-Post Office.  On scrutiny there appears no application seeking relief in terms of other prayers as made in the petition of complaint.  Thus, the Forum does not find any reason to grant the prayer in favour of the complainant but to dismiss the case in final form.

    

           As to the final stage of the proceeding it is held and decided that there is no cause of action to have exist in favour of the complainants.  Thus, the issues are disposed of in favour of the Op-Post Office. As a result, the case should be dismissed.

                 Hence

                            It is ordered

                                                that the case be and the same is dismissed on contest without cost.

Dic. & Corrected by me

              

         President                                        Member                                        President

                                                                                                                 District Forum

                                                                                                               Paschim Medinipur.