West Bengal

Birbhum

CC/32/2016

SK Idrish, S/o SK Istahar - Complainant(s)

Versus

Post Master, Suri Head Post Office - Opp.Party(s)

G.M. Middhya

11 May 2018

ORDER

Dr. Soumen Sikder,  Member

The petitioner Sk. Idrish filed a complaint against Post Master, Suri Head Post Office stating that his mother-in-law Khairun Bibi purchased 3 Kishan Vikas Patra of Rs. 500/-, Rs. 500/- and Rs. 5000/- on 12.02.2001 in the name of Khairun Bibi and Ajmira Bibi, the elder daughter of Khairun Bibi. Khairun Bibi died on 02.04.2004 leaving behind two daughters who were married. Ajmira Bibi has also died on 22.06.2005 leaving behind her husband Sk. Idrish and a minor son Sk. Jyoti.

On 12.03.2009 the said Kishan Vikas Patra have been matured. Sk. Idrish the husband of deceased Ajmira Bibi went to the O.P for encashment of the KVP. Section-in-Charge of the O.P office suggested the complainant to submit an affidavit on stamp paper of Rs. 50/- stating the name of the legal heirs along with other documents. The complainant as per direction of the Section-in-Charge went to file documents. But the O.P refused to accept the same. The complainant having no other alternative has come to the Forum for proper reliefs.

The O.P filed written objection against the complaint and contested the case. The O.P has stated in written objection that after the maturity of the said KVP in the name of Khairun Bibi and Ajmira Bibi, none of the certificate holders has made claim in writing to the O.P and the O.P could not ascertain as no claim has been preferred in the department. Both the certificate holders have reported died, the sanctioned of the matured amount would be made only to legal heirs of the certificate holders as there is no nomination in respect of the alleged certificates. Only the legal heir/s are entitled to have payment on receipt of claim paper with valid documentary evidence.

The petitioner has filed certain documents in support of his claim, he has also examined and cross examined himself and PW2 by filing evidence in chief on affidavit.

Both the petitioner and the O.P have filed written arguments.

Upon pleading of the parties the following points are to be considered for discussion of the case.

Points

1. Whether the complainant is a consumer or not?
2. Whether the complaint is barred by limitation or not?
3. Is complainant entitled to get relief as prayed for?

Decision with reasons

All the points being interlinked are taken together with for the discussion of the case.

Admittedly, the deceased  Khairun Bibi @ Khairunesa Bibi and Ajmira Bibi purchased joint-B type of KVP certificates being No.s 81BB934682, denomination of Rs. 5000/- and No. 26EE521167-68, denomination of Rs. 500/- each on 12.12.2001 from Suri Head Post Office. Khairun Bibi had died on 02.04.2004 leaving behind two daughters Ajmira Bibi @ Ajmira Khatun and Tahamina Bibi. Ajmira Bibi also died on 02.06.2005 (as per record of Post mortem report) leaving behind a minor son namely Sk. Jyoti and her husband Sk. Idrish. Sk. Idrish is one of the beneficiary. So he is a consumer under the O.P as per C.P. Act. 1986.

The said KVP certificates have matured on 12.03.2009. After maturity Sk. Idrish being husband of Ajmira Bibi went to the office of the O.P and requested to encash the KVP certificates. Having been failed after several attempt the petitioner sent an Advocate’s letter to the O.P on 14.05.2015. But the O.P did not take any step. In this case the cause of action arose on and from 12.03.2009 and continued till 14.05.2015. The petitioner has filed the complaint on 10.03.2016 which is within two years from the date of last cause of action. Therefore the complaint is not barred by limitation.

The O.P did not sanction the matured amount to the petitioner on the ground that the petitioner did not file succession certificate. Both the certificate holders died and there is no nominee of the certificates at present. Only legal heirs of the certificate holders are entitled to receive the amount of said matured KVPs.

The petitioner is a layman resides at remote village. As per instruction of the Section-in-Charge of the O.P Department the petitioner submitted letter of indemnity on stamp value of Rs. 50/- mentioning the names of legal heirs of Khairun bibi with some names of witness.  The petitioner did it accordingly. Inspite of it Section-in-Charge did not accept.

The problem for a poor uneducated laymen to get a succession certificate from Judicial Magistrate is about impossible for such miger amount. Because it is not only a costly process but also takes much time.

The petitioner has mentioned in evidence in chief on affidavit that the deceased KVP certificate holder Khairun Bibi had two daughters Ajmira Bibi and Tahamina Bibi. Her husband had died earlier. Ajmira Bibi, the elder daughter of deceased Khairun Bibi also the nominee of the certificates in question died leaving behind her husband and only a minor son. According to this statement and the certificate of Gram Pradhan dated 04.01.2018 it is clear that the legal heirs of Khairun Bibi are her younger daughter Tahamina Bibi and the son Sk. Jyoti and husband Sk. Idrish of deceased Ajmira Bibi. Tahamina Bibi the younger daughter of Khairun Bibi is one of the legal heirs. She deposes in evidence in chief on affidavit as witness that the above statement is true and she also deposes in cross examination that she forgives her

share of matured value of the said KVPs.

From the above discussion the Forum opines that the petitioner and his son entitled to receive the matured value of KVPs in question along with interest on it at the rate of savings deposit interest from the date of maturity to the date of actual payment.

Proper fees have been paid.

Hence,

O R D E R E D

                                                that C.F case No. 32/2016 be and the same is allowed on contest against the O.P Suri Head Post Office without any cost.

The O.P Suri Head Post Office is directed to pay the maturity value of the KVPs being No. 81BB934682, denomination of Rs. 5000/- and No. 26EE521167-68, denomination of Rs. 500/- each under registration No. 1170 dated 12.12.2001 along with interest on matured value at the rate of Savings deposit interest from 12.03.2009 to the date of actual payment within one month from the date of this order failing which the complainant shall be at liberty to execute the order as per law and procedure.

The payment shall be made to the petitioner Sk. Idrish and Sk. Jyoti equally. The petitioner is directed to submit the original KVP certificates and a copy of legal heir certificate from Panchayet Prodhan to the O.P.

            Copy of this order be supplied to the parties each free of cost.