IN THE PRESIDENT, DISTRICT CONSUMERS DISPUTE REDRESSAL FORUM, SAMBALPUR
C.C. No.84 of 2016
1. K.Krishna Rao,
Aged about 61 years,
Resident of (SRIT Colony), Executive Colony – 3rd land
(Door No. E.C. 3/5)
P.O.- Budharaja, P.S.- Ainthapali,
Dist-Sambalpur. ……………Complainant
-VERSUS –
- Post Master, Head Post Office,
Dist. Sambalpur ………….. Opp. Parties
For Complainant :
For O.P.s No.1 :
PRESENT:- SHRI A.P. MUND, PRESIDENT
SMT. S. TRIPATHY, MEMBER
SHRI K.D. DASH, MEMBER
Date of Order: 11.06.2018
Sri. A.P Mund, President
That the complainant opened a term deposit account before Head Post Office, Sambalpur vide A/c. No. 3045637767 dt. 07.05.2012 for Rs. 3,50,000/- (Rupees three lakh fifty thousand only) for one year and its maturity date was 07.05.2016 with interest amount calculated to Rs. 30,339/- (Rupees thirty thousand three hundred thirty nine only) amount to Rs. 3,80,339/- (Rupees three lakh eighty thousand three hundred thirty nine only) as on 07.05.2016.
Another term deposit with the same post office having A/c. No. 3046117091 dt. 09.05.2015 for Rs. 2,50,000/- (Rupees two lakh fifty thousand only)for one year and its maturity date was 09.05.2016 with interest amount calculated to Rs. 21,671/- (Rupees twenty one thousand six hundred seventy one only) amount to Rs. 2,71,671/- (Rupees two lakh seventy one thousand six hundred seventy one only) as on 09.05.2016.
Subasini Beriha on behalf of complainant was assigned for the TD renewal for further period of one year. Subasini Beriha had submitted all the requisite documents to Head Post Office, Sambalpur on 07.05.2016 and 09.05.2016, but a staff of Head Post Office, Sambalpur denied to accept on both days. But on 02.06.2016, again she presented the same documents before Head Post Office, Sambalpur. At that time Head Post office accepted those documents and renewed the same on 04.06.2016.
For the delay in renewing TD the complainant have lost the rate of interest upon his maturity value of principal amount for the period from 07.05.2016 to 03.06.2016 (one term deposit-28 days) and another from 09.05.2016 to 03.06.2016 (another term deposit-26 days). It is invariably to loss of amount of Rs. 5,000/-
For the mistake of official staffs, the complainant failed to get his entitled interest upon maturity value of principal amount and undergone mental pain & suffering.
It is therefore prayed to pass favourable order in favour of the complainant.
Lists of documents filed by the complainant.
- Term deposit vide CIF ID 300970898.
- Particulars of transaction of dt.2.6.16
- Term deposit vide CIF ID 300970898.
- Particulars of transaction of dt. 2.6.16.
The case of the O.P. is as follows:-
The fact of the case in brief is that one Sri K.Krishna Rao had opened two numbers of TD account for a period of one year bearing number 3045637767,account number 3046117091 dt. 07.05.2015 and dt. 09.05.2015 for Rs. 3,50,000/- and Rs. 2,50,000/- respectively at Sambalpur Head Post office. The said two TD accounts were duly matured on 07.05.2016 and 09.05.2016. On 09.05.2016 one Miss Subasini Beriha, SAS agent attached to Sambalpur Head Post office came to office of the OP No. 1 with two numbers of said TD pass books with closure forms (S.B. -7A) and produced before the counter and wanted to close the TD accounts. But SB counter assistant denied to close the same and requested to SAS Agent that the depositor should be present at the time of closure of accounts. Being aggrieved the petitioner filed this C.C. case No. 84/2016 before the court of Hon’ble President DCDRF, SBP The petitioner personally came to the office of the O.P. No. 1 on 02.06.2016 and closed his said TD accounts. Thereafter the petitioner invested Rs.3,50,000/- and Rs. 3,00,000/- to open two numbers of term deposit account for a period of one year through SAS agent on 04.06.2016 at the office of the O.P. No. 1.
One Miss Subasini Beriha, SAS agent came to the office of the OP No. 1 on 09.05.2016 with two numbers of TD account bearing number 3045637767 and account number 3046117091 along with closure forms (S.B. -7A) and presented before the SB counter for closing of the same. SB counter Assistant verified the closure applications and found that the petitioner has put his signature both in requisition side and acquaintance side with dt. 07.05.16 and 09.05.16 of the closure forms (S.B. -7A). Then the SB counter Assistant denied to close the said TD accounts and asked the OP No. 2 that depositor should be present at the time of the closing of account. As per SB order No. 6/2007 dt. 01.06.07 “no SAS/MPKBY/PPF Agent can act as an agent or messenger of a depositor for the purpose of withdrawal from his/her saving bank account. Copy of SB order No. 6/2007 dt. 01.06.2016 is annexed here with as Annex. R-1 and copy of account closure forms are annexed here with as Annex. R-2 and R-3. On 02.06.2016 the petitioner himself presented the said two numbers of TD account along with closure forms at the SB counter of office of OP No. 1 which were presented earlier though SAS agent and requested that the maturity amount of the said TD accounts be transferred to his SB account No. 302610165. The SB Counter Assistant closed the said two numbers of TD account and maturity amount for Rs. 380339/- and Rs. 271671/- were transferred to his SB A/c. on 02.06.2016. On 04.06.2016 OP No. 2 came to the office of the OP No.1 with two numbers of TD account opening application along with cheques for Rs.3,50,000/- and 3,00,000/- for investment in the name of the petitioner. The accountants were opened at office of the OP No. 1 on 04.06.2016 vide TD account No. 3290830821 and 3290863492.
The fault lies with the petitioner. As the petitioner wanted to close his TD accounts through SAS agent in his absence. Hence the loss of Rs. 5000/- claimed by the petitioner is not justified hence cannot be given.
In response to the petitioner complainant dt.19.07.2016, the SP of post offices, SBP Division, Sambalpur made an enquiry on the matter and reply was furnished to the petitioner vide SP of Post Offices, Sambalpur Letter No. CRSB/Misc-50/16-17 dt.17.08.2016. The letter dt.17.08.2016 is annexed here with an Annex. R-4. The petitioner tried to close his TD accounts through the SAS agent against the POSB rule, which was denied by the SB Counter Assistant. On 02.06.2016 the petitioner came to office of the OP No. 1 and closed his said TD accounts. Hence there is no harassment made by the OP No. 1
List of documents filed by the O.P.
- Letter dt.1.6.17 of Asst. Supdt. Posts (SB&CC) to all Heads of circles/Regions.
- Closer form bearing A/c. No. 3046117091 dt. 02.06.2016
- Closer form bearing A/c. No. 3045637767 dt. 02.06.2016
- Letter dt.17.08.16 of SP. Post Office to the complainant.
- Enquiry particulars of Post Master, Budharaja, Sambalpur.
P R A Y E R
Prays for dismissal of the complaint petition of the petitioner being devoid of merit. The case is a frivolous case and the complainant may be ordered to pay cost as deemed fit by the hon’ble forum.
O R D E R
None present on the date of hearing. Applying the procedure enumerated in S.13 (2) CC we took up the case.
Perused the petition and documents. Both the term deposits amount & maturity date are not disputed. Only issue is the loss of Rs. 5000/- which is the interest rate from 07.05.2016 to 03.06.2016 & 09.05.2016 to 03.06.2016 for both the deposits.
It is evident from last para page 2 that the complainant was absent during the impugned period. He assigned one agent to withdraw money on maturity. This was denied by OP’s as per the circular No. 110-13/2004-SB vide SB order No. 6/2007.
Annexure 2 & 3 reveals that the complainant was paid after he personally appeared before the authorities. The inquiry report and letter No.CRSB/MISC-50/16-17 dt. 17.08.2016 also reveals the truth of the contention of the OP’s.
Without accepting these facts, the complainant has come up with this case suppressing facts revealed by Annexure - 4 which is the letter addressed to the complainant by the OP’s.
This is a frivolous and vexatious case and requires to be stemmed. The complainant has taken this forum in a ride. Hence we dismiss the case and exercising power given to us u/s. 26 of CP Act 1986 we order that the complainant shall pay Rs. 1000/- as cost to the O.P. for filing this frivolous case.
Sd/-
Sd/- SHRI A.P.MUND
SMT S.TRIPATHY. Member I agree. PRESIDENT. .
Sd/- Sd/-
SHRI K.D.DASH. Member I agree. Dictated and corrected by me.
PRESIDENT
