IN THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/104/2017
Date of Filing: 03/07/17 Date of Final Order: 05/12/18
Complainant: Ashok Mukherjee
S/O Late Sudhir Mukherjee,
At – Station Road,
P.O.P.S.&Dist- Murshidabad,
Pin-742149.
-Vs-
Opposite Party: 1) Post Master, Murshidabad Sub-Post Office,
P.O.P.S.&Dist- Murshidabad,
Pin-742149
2) Superintendent of Post Offices,
Murshidabad Division,
Berhampore,Pin-742101.
3) Tamashi Mukherjee (Dutta)
D/O - Ashok Mukherjee
At – Station Road,
P.O.P.S.&Dist- Murshidabad, Pin-742149
Agent/Advocate for the Complainant : Sri Pranab Kumar Das
Agent/Advocate for the Opposite Party Nos 1&2:: Sri Siddhartha Sankar Dhar
Agent/Advocate for the Opposite Party No. 3 : Sri Sukanta Mondal
Present: Asish Kumar Senapati…………………..........President.
Aloka Bandyopadhyay ………………….. .Member.
FINAL ORDER
ASISH KUMAR SENAPATI, PRESIDING MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Ashok Mukherjee (here in after referred to as the Complainant) has filed the case against the Post Master, Murshidabad Sub Post Office and two others (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint is as follows:
The Complainant is the beneficiary of Kabita Mukherjee, wife of the complainant who had a R.D. A/C being No. 70928 to CBS A/C No 5580509637 at the Murshidabad Sub Post office. The R.D. A/C matured in Sept, 2016 and a Cheque being No. 983325 in the name of Kabita Mukherjee was issued on 29.09.16 but the Cheque could not be deposited due to illness of kabita Mukherjee and ultimately Kabita Mukherjee died on 23.10.16.
After death of Kabita Mukherjee, the Complainant , being husband as well as nominee of Kabita Mukherjee, deposited the cheque in the name of Kabita Mukherjee and requested the O.P. No. 1 to issue a fresh Cheque in his name and as per advice of the O.P. No. 1 he submitted nomination form but in spite of it the O.P. No. 1 did not settle the claim. The Complainant sent letters to the Authorities of Postal Department but of no result . The O.P. Nos 1&2 have deficiency in service.
Hence, the Complainant has filed the case praying for a direction upon the O.P.Nos 1&2 for issuance of a cheque and compensation of Rs.15,000/- against the OP No. 1&2 for mental pain and agony.
The OP No 2 put his appearance and filed written version on 24/10/17 inter alia denying the material allegations made out in the complaint, contending that the Complainant filed an application claiming for issuance of a fresh cheque and the O.P. No. 2 asked him to bring a succession certificate but the complainant has not filed any succession certificate. It is the specific case of the O.P.No.2 that one Tamashi Mukherjee (Dutta) of Station Road, Murshidabad is the nominee of R.D. A/C of kabita Mukherjee and the Complainant is not the nominee of Kabita Mukherjee. The OPs have no deficiency in service and the Complainant is not entitled to get any relief against the O.P.Nos. 1&2.
Subsequently , the Complainant made Tamashi Mukherjee (Dutta) as the O.P.No.3 . The O.P. No. 3 appeared on 28.11.18 and filed an application stating that she would abide by the order of this Forum.
On the basis of the above versions following points are framed for proper adjudication of the case.
Points for decision
- Is the Complainant entitled to get any relief, as prayed for?
Point No.1.
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as he is the beneficiary of kabita Mukherjee, since deceased. It is urged that the O.P. No. 2 has pointed out that Tamashi Mukherjee (Dutta), daughter of the Complainant and Kabita Mukherjee is the nominee of the R/D account of Kabita Mukherjee and the Complainant has filed a verified application dated 28.11.18 stating his no objection for issuance of fresh cheque in the name of Tamashi Mukherjee(Dutta).He submits that the O.P. Nos. 1&2 may be directed to issue a fresh cheque of the matured value of the R.D. in the name of Kabita Mukherjee.
In reply, the Ld. Advocate for the OP Nos. 1&2 submits that there is no deficiency in service on the part of the O. P. Nos 1&2 but the O.P.Nos 1&2 have no difficulty to issue fresh cheque in the name of the O.P. No. 3 (nominee of the R.D. A/C of Kabita Mukherjee).
We have gone through the written complaint, written version, evidence and documents submitted by the Complainant. Admittedly, One Kabita Mukherjee ,since deceased, had an R.D. A/c being No.70928 corresponding CBS A/c No. 5580509637and a cheque was issued in the name of Kabita Mukherjee before her death but the cheque was not deposited with the bank during lifetime of Kabita Mukherjee. The Complainant filed an application claiming for issuance of fresh cheque but the O.P. No. 2 did not issue any cheque as he was not the nominee of the R.D. A/c of Kabita Mukherjee. Tamashi Mukherjee(Dutta), the O.P. No.3 is the nominee of the R.D. A/c of Kabita Mukherjee and the Ld. Advocate for O.P. No 2 has submitted that the O.P. No.2 has no difficulty to pay the matured value of the R.D. to the nominee. On a careful consideration, we are of the view that the O.P. Nos. 1&2 may be directed to pay the matured value of R.D.A/c being No. 70928 to Tamashi Mukherjee (Dutta) by 30 days from the date of this order.
Reasons for delay
The Case was filed on 03/07/17 and admitted on 13/07/17. The OP No. 2 contested the case by filing W.V. on 24/10/17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the C.P. Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the complaint succeeds in part
Fees paid are correct. Hence, it is
Ordered
that the complaint case be and the same is hereby allowed in part on contest against the OP Nos.2 &3 without cost and allowed exparte against the O.P. No.1 without any order as to cost.
The O.P.nos. 1&2 are hereby directed to pay the matured value of R.D.A/c being No. 70928 to Tamashi Mukherjee (Dutta),O.P.No.3, by 30 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President.
Member President.
