Orissa

Malkangiri

CC/94/2020

Ram Prasad Patnaik, - Complainant(s)

Versus

Post master Mukhya Dak Ghar, Malkangiri, - Opp.Party(s)

Self

27 May 2021

ORDER

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Complaint Case No. CC/94/2020
( Date of Filing : 21 Dec 2020 )
 
1. Ram Prasad Patnaik,
S/O Late M. Laxman Rao, Resident of Kumutiguda, Malkangiri, PS/Dist. Malkangiri.
...........Complainant(s)
Versus
1. Post master Mukhya Dak Ghar, Malkangiri,
At/PO/PS/Dist. Malkangiri, Odisha.
2. Senior Superintendent of Post Office,
Koraput Division At/PO. Jeypore, Dist. Koraput, Odisha.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sabita Samantray PRESIDING MEMBER
 HON'BLE MR. Rajesh Chodhuri MEMBER
 
PRESENT:
 
Dated : 27 May 2021
Final Order / Judgement

 

  1. The case of the complainant is that he purchased some National Saving Certificates (in short NSC) in his favour and in favour of his wife from the Opp. Parties as follows : -

Sl. No. Date                KVPs No.               Amount  Total              

  1. 29.10.2015    74DD219726     5000/-      
  2. 29.10.2015    74DD219727      5000/-       10,000/-
  3. 12.11.2015     74DD219728      5000/-      
  4. 12.11.2015     74DD219729     5000/-       10,000/-

It is alleged that on 18.11.2020 on maturity of the above NSCs, he approached the O.P. No. 1 to deposit the maturity amount in his wife’s S.B.A/c 4104950230, but the dealing assistant expressed his inability to credit the same amount on the ground that the above articles have not been uploaded in their computer but kept the above NSCs, deposit form and pass book with him and on 02.12.2020 while he met with the O.P. No.1 and asked for the encashment of above articles, who also expressed his inability on the same ground and returned the documents submitted by the complainant and since did not get any result, he approached the O.P. No. 2 but every of his efforts got in vein.  It is also alleged that earlier the present O.Ps have behaved in same manner for which complainant filed one case vide C.C. No. 30 of 2017 against the present O.Ps, thus sustaining mental agony, physical harassment and financial loss, he filed this case with a prayer to direct the O.Ps to refund the maturity amount with interest @ 12% p.a. and Rs. 50,000/- and Rs. 5,000/- towards costs and compensation.   

  1. The O.Ps, being the same department appeared and filed their joint counter admitting the purchase of alleged NSCs by the complainant but denied the allegations of complainant contending that complainant never approached them for withdrawal the maturity amount and as per their letter no. CR/CC-30/2017 dated 04.11.2020 and letter no. F(CR)/CC-30/2017 dated 02.12.2020 issued by the O.P. No. 2, they asked for deposit of NSC/KVP for verification and doing he needful regarding migration of the said certificates in CBS-Finacle module and with other contentions showing their no liability, they prayed to dismiss the case against them.
     
  2. Parties have filed certain documents in support of their submissions and contentions.  We have gone through the case record and material documents available therein.
     
  3. In the instant case, it is an admitted fact that the complainant had purchased 4 nos. of NSCs from the O.Ps on different dates total amounting to Rs. 20,000/- as mentioned above.  Complainant filed xerox copy of such documents.  O.P.s have admitted the same in their counter also.  The allegations of complainant is that after maturity period, he approached the O.P. No. 1 for release of the matured amount and to credit the same into the saving account of his wife, but due to non upload of the NSCs, the O.P. No. 1 did not allow for withdraw the matured amount, for which, being harassed, complainant approached the O.P. No.2 for release of his matured amount.  Whereas, the contentions of O.Ps is that the complainant never approached them for release of payment and earlier they have asked for to submit the details of NSCs for verification and doing the needful regarding migration of the said certificates in CBS-Finacle module.  From the record and submissions of parties, it is evident that the complainant is yet to receive his matured amount from the O.Ps.  
     
  4. Further it is ascertained that complainant had filed earlier one case before this Commission due to non release of other KVPs on the same ground as revealed in the present dispute.  Whereas, the letters issued by the O.P. No. 2 are related to the earlier case i.e. C.C. 30 of 2017.  The allegations of complainant is that while he approached the dealing assistant for release of maturity amount, who kept all the NSCs with him, but without taking any action, the O.P. No.1 has returned all the NSCs and other documents to the complainant on 02.12.2020.  The said version of complainant is never been challenged by the O.Ps at any time in their counter version.  We feel, if the dealing assistant received the documents from the complainant, than it is his duty to inform the concerned authority with immediate effect, whereas the dealing assistant of O.P. No.1 kept the certificates for about 13 days with him and at last the O.P. No. 1 returned those certificates on 02.12.2020.And the O.Ps are also silent over the said versions of complainant and have not uttered any single word to contradict the same, as such the fact is remained unchallenged and unrebuttal from the side of O.Ps.In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein it is held that “Unrebutted averments shall be deemed to be admitted.”  Hence it is safely concluded that being harassed by the O.Ps, the complainant waited for many days from the date of maturity to get back his matured amount.Further if the contentions of the O.Ps is taken into consideration, than it is the duty of O.P. No. 1 to upload the saving instruments when the core banking system is started on in their office with immediate effect and also to verify the aforementioned NSCs when the complainant approached them for release of matured amount.And non taking proper steps to release the matured amount, the O.Ps have proved deficiency in service on their part.
  1. Further at the time of hearing, complainant admitted that the alleged NSCs are lying with him due to non acceptance by the O.P. No. 1 and the O.Ps have also submitted that the alleged NSCs are lying with the complainant.  We feel, it is only due to the non upload of the alleged saving instruments in the core banking system of the O.Ps., otherwise, complainant does not have ill intentions to harass the O.Ps.   
  1. Further the submissions of complainant is that he was needy for the matured amount to utilize the same in his need, is also not challenged by the O.Ps.  Definitely, one person will get mentally harassed if he does not get his legitimate amount in times of his need.  Further it is seen in many occasions that due to non upload of the certificates in the CBS Finacle module, the general public are suffering a lot in the locality, which should not happen at the ends of the O.Ps.  
     
  2. Considering the submissions of complainant, we feel, complainant must have harassed mentally and financially at the time of his need, which compelled him to seek redress before the Commission, which entitle the complainant some costs and compensation.  Hence this order.

                                                                                                                 ORDER

        The complaint petition is allowed in part.  The complainant is herewith directed to submit the original NSCs to the O.Ps for release of matured amount with immediate effect.  The O.Ps are herewith directed to release the matured amount in all the NSCs i.e. of Rs. 20,000/- with interest as applicable from the date of maturity of respective certificates till payment.  Further the O.Ps are directed to pay an amount of Rs. 5,000/- towards compensation and Rs. 1000/- towards costs of litigation towards causing mental agony and physical harassment and all the directions should be complied within 45 days from the date of receipt of this order, failing which, each certificate shall carry interest @ 10% p.a. from the date of maturity till payment.   

Further the O.Ps are herewith directed to look into the matter of uploading the postal certificates of public in general into their CBS Finacle module seriously to avoid further unpleasant situation.  

        Pronounced the order on this the 27th day of May, 2021 in the open Court.  

        Issue free copy to the parties concerned.

 
 
[HON'BLE MRS. Sabita Samantray]
PRESIDING MEMBER
 
 
[HON'BLE MR. Rajesh Chodhuri]
MEMBER
 

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