Date of Filing:                    Date of Admission:                Date of Disposal:

 20.03.19                                      27.03.19                            16.01.20

Agent/Advocate for the Complainants                       : Sri. Joydeep Mishra.

Agent/Advocate for the Opposite Party No.1 : None

Agent/Advocate for the Opposite Party No.2 : Sri. Siddhartha Sankar Dhar.

ASISH KUMAR SENAPATI, PRESIDING MEMBER,                               

FINAL ORDER

            One Bujhan Mondal &  six others (here in after referred to as the Complainants) filed the case against the Post Master, Raninagar Sub-Post Office and another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.

  The sum and substance of the complaint case is as follows:-

            One Abu Bakkar, the predecessor of the complainants purchased 4 KVP amounting Rs.10,000/- each on 10.02.01 from the OP No.1 vide registration No.11442 and its date of maturity was on 11.02.09. The said Abu Bakkar died on 28.12.01 living behind his 4 sons, namely, Bujhan Mondal, Najrul Islam, Minajul Sk and Ajijul Sk. Subsequently, Ajijul Sk died living behind OP Nos. 4 to 7 as his heirs. Therefore, the Complainant being the heirs and successors of Abu Bakkar are entitled to get maturity amount of 4 KVPs in the name of Abu Bakkar. Subsequently, the Complainants filed succession case No. 18 of 2015 before the District Delegate, Berhampore and got succession certificate on 03.12.16. The Complainants visited the office of the OP No.1 more than once with a view to withdraw the matured amount of KVPs but of no result. The Complainants sent a letter to the OP No.2 on 09.01.17 by registered post with a request to take proper action but of no result. Ultimately, the Complainants lodged a complaint on 06.02.18 with the Director of Postal Services – IV, the PMG, Kolkata Region, Kolkata-12 for redressal and he asked the Complainants vide his letter dated 14.02.18 to file documents including the certified copy of succession certificate to the office of the OP No.1 and directed the OP No.1 to settle the claim. In spite of that the OP No.1 did not settle the claim which amounts to negligence, deficiency in service and unfair trade practice. The Complainants prayed for direction upon the OPs to pay Rs.1,60,000/- along with interest and compensation of Rs.50,000/-.

            The OP No.2 contested the case by filing written version contending that the case is not maintainable and the Complainants are not consumers under the Consumer Protection Act. It is the specific case of the OP No.2 that Abu Bakkar purchased KVP of Rs.40,000/- having registration No. 11442 from Raninagar SO and nominated his wife Maleka Bibi, son Ajijul Sk and Bujhan Sk as nominees. Maleka Bibi and Ajijul Sk. died on 02.04.08 and 11.11.03 as reported but no death claim application have been submitted either by the survivor nominees or by any other legal heirs to the postal authority against the KVP service. So, question of payment in respect of the KVP service in the name of Abu Bakkar does not arise. There is no deficiency in service on the part of the complaint.   

            On the basis of the above version the following points are framed for proper adjudication of the case :

Points for consideration

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has this Forum jurisdiction to entertain the complaint?

3. Have the OPs any deficiency in service, as alleged?

4. Is the Complainant entitled to get any relief, as prayed for?

Point no.1

The Ld. Advocate for the Complainant submits that the Complainants are consumers as they are legal heirs of Abu Bakkar who hired services of the OPs for consideration.

The Ld. Advocate for the OP No.2  has not argued on that point.

On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainants are consumers in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.

Point No.2

            The Ld. Advocate for the Complainants submits that the cause of action of this case arose within the territorial jurisdiction of this Forum.

On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint.

Point Nos.3&4

            The Ld. Advocate for the Complainant submits that the Complainants are legal heirs of Abu Bakkar and they obtained succession certificates from the District Delegate, Berhampore vide Misc ( Succession) Case No. 18 of 2015 dated 03.12.16. It is urged that the OPs did not disburse the matured amount of KVP along with interest to the Complainants in spite of the fact that the Complainants visited the office of the OP No.1 more than once for getting the amount. He argues that the Assistant Director of Postal Services-IV office of the PMG of Kolkata Region issued a letter dated 14.02.18 requesting the Complainants to submit all relevant documents along with certified copy of succession certificate to the SPM, Rejinagar, SO for settlement of the claim but the OPs did not settle the claim of the Complainants. It is urged that the OPs have deficiency in service and the Complainants are entitled to get the matured amount of KVP along with interest and compensation against the OPs.

            In reply, the Ld. Advocate for the OP No.2 submits that there is no deficiency on the part of the OPs. It is argued that the Complainants have not submitted the relevant documents along with certified copy of succession certificate to the OP No.1 for receiving the matured amount of KVP. It is urged that the OPs will settle the claim within a short time if the Complainants submit all relevant documents along with certified copy of succession certificate issued by the concerned Court. It is urged that the OPs have no deficiency in service and it is not possible on the part of the OPs to pay the matured amount of KVP in the name of Abu Bakkar to the Complainants without relevant documents along with certified copy of succession certificate. He prays for dismissal of the complaint.

            We have gone through the written complaint, written version and the documents filed by the Complainant. We have also considered the submission of both sides.

            Admittedly, one Abu Bakkar purchased 4 KVPs amounting Rs.10,000/- each on 10.02.01 being registration No. 11442 and its date of maturity was on 11.02.09. It appears from the documents submitted by the Complainants that the Complainant s got succession certificates from the District Delegates, Berhampore in Misc (Succession) case No. 18 of 2015 on 03.12.16 in connection with  four KVPs in the name of Abu Bakkar Sk.

            The Ld. Advocate for the Complainants have stated that the Complainants visited the office of the OP No.1 more than once but the OP No.1 did not allow the Complainants to withdraw the matured amount of KVP though no document has been filed to establish that the Complainants deposited the relevant documents along with succession certificate in pursuance of letter No. SB/C-9/C/2/18 dated 14.02.18 issued by the Assistant Director of Postal Service-IV office of the PMG, Kolkata Region. Therefore, it can be safely held that the Complainants are successors of Abu Bakkar and they are entitled to get the matured amount of 4 KVPs being No. 8JCC-525524 to 525527 along with interest as per succession certificate issued in Misc (succession) Case No. 18/2015 dated 03.12.16.

            It is very difficult to believe that the Complainants were silent for a long period even after receipt of succession certificate on 03.12.16 and ultimately filed the case on 20.03.19 after lapse of about 2 years 3 months. It may be a fact that the Complainants visited the office of the OP No.1 but they could not follow the instruction of the Assistant Director, Postal Services –IV, office of the PMG, Kolkata Region.

            The dispute might be settled earlier if the OP No.1 advised the Complainants properly. We think that the OP No.1 has deficiency in service.

            In our considered opinion, the Complainants are entitled to get the matured value of KVP Nos. 8JCC-525524 to 525527 along with interest till the date of payment to the Complainants.

Reasons for delay

The Case was filed on 20.03.19 and admitted on 27.03.19. 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 CP Act,1986. Delay in disposal of the case has also been explained in the day to day ordesr.

Fees paid are correct.

In the result the Complaint Case succeeds. Hence, it is

                                   ​ORDERED

that the Consumer Complaint Case No. CC/48/2019 be and the same is hereby allowed on contest against the OP No.2 without cost and allowed exparte against the OP No.1 without cost.

             The OPs are directed to pay the matured value of KVP Nos. 8JCC-525524 to 525527 along with interest till the date of payment to the Complainants by sixty days from the date of receipt of original KVP certificates and certified copy of succession certificate  from the complainants.

      The Complainants are directed  to deposit original KVP certificates and certified copy of succession certificate with the O.P. No.1 as early as possible for receiving the matured value of KVP Nos. 8JCC-525524 to 525527 along with interest till the date of payment.

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