This case has been instituted by the complainant for causing lost his seven NSC by the Ops of this case as per description of the complaint. The case of the complainant in a nutshell is that he took loan for his personal requirement from Op no.3. He deposited nine numbers of NSC before the op no.3 as security. The details of nine instruments have been given in para 3 of the complaint. The op no.3 sent those nine NSC and KVP to the op no.1 for verification but after verification of the documents by the OP no.1 , Op no.1 sent those documents. But the same was lost in transit except two. The date of maturity of those two certificates is 14.8.2008. The oP no.3 has discharged the two certificate because loan has been paid fully but due to lost of seven certificate the complainant did not get the return of seven certificates. The complainant wanted duplicate copy and applied in the form 54B but the oP became very reluctant to alleviate the sufferings and loss of the complainant . Hence, the notice was sent and thereafter the case has been instituted.
The Op no.1 and 2 entered appearance and filed Written version denying inter alia all material allegations. The positive case of the oP no.1 and 2 is that it is admitted that they sent nine NSCs and KVPs to SBI in one cover only . Out of nine
two were received . It is also contended that the seven NSC may be lost from the SBI Alipur Branch. It is also the case of Op no.1 and 2 that Alipur Branch lodged a written complainant on Alipur P.S. on 17.10.2005 by G.D.E. no. 1634 dated 17.10.2005 regarding mis-happened the certificates after lapse of one year three months. They have expressed out regarding the receiving of two certificates out of nine. It is also denied by Op no.1 and 2 that those articles were lost in transit because nine securities were sent in one envelope and it is ridiculous to get two securities out of nine. It is also stated that the senior Post Master , Serampur H.P.O. is duty bound vide Rule 44(1) of Postal Manual , Volume II to conduct necessary enquiry in connection with issuance of duplicate certificate. It is also stated that duplicate certificate as demanded by the complainant could not be issued without police report relating to GDE no. 1634 dated 17.10.2005. So the brief case of oPs stand that they have power to issue duplicate certificates but they did not issue duplicate certificate on the ground that non receiving of the Police report and No Objection from the oP no.3.
Op no.3 entered appearance and filed WV denying the allegation. In fact there is no claim against the oP no.3. But Op no.3 is connected with this case as complainant took loan from Op no.3 and loan has been paid and those
instruments were mortgaged to S.B.I. Accordingly no objection certificate from OP no.3 is essential regarding discharging the complainant from loan liability.
Complainant filed (1) Photo copy of letter to the Manager, SBI, Alipur dated 5.5.2013, (2) Photo copy of Advocate letter, (3) Photo copy of a letter , Dept. of Post, Serampur dated 25.9.2012, (4) Photo copy of letter dated 8.5.2005 by Dept. of Post office, (5) Photo copy of acknowledgement receipt dated 28.6.2008.Complainant also filed Affidavit in chief and Written Notes of argument. Opposite parties no.1 and 2 filed Written version, Evidence in chief and W.N.A. Op no.3 also filed W.V , Evidence in chief and W.N.A.
Upon pleadings, Written version and the documents filed by all the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS
All the points are taken together for easiness of discussion.
It is admitted position which appears from the evidence of complainant and other parties that complainant did not get seven securities deposited with Op no.3 and which was sent to the op no.1 and 2 for verification for discharging the loan liability and the same has been lost . Fact remains that the complainant did not receive seven instrument with amount of maturity which he ought to have got from the Post office. The Op no.1 and 2 admits that Alipur P.S. lodged GDE regarding lost as alleged by the complainant. The Op no.1 and 2 also have power to issue duplicate certificate (as per their own admission in WV and evidence). Accordingly, the op no.1 and 2 has already decided the fate of the case by issuing duplicate certificate. It is not their duty to wait for the Police report . But it is their duty to protect the interest of the consumer. There is no reason or obstacle in the way of granting duplicate certificate in favour of the complainant by taking indemnity bond on a stamp of Rs.50/-. The Bond should be prepared by the complainant in presence of two local witnesses. Then there will be hindrance of law laid down in the Postal Manual which empowers the Post Master to issue duplicate certificate. So, after deliberation over the record before us without any hesitation it can be ordered that complainant ‘s case succeed on contest with
partial modification of prayer. Complainant would have no grievance if he gets the matured value along with interest from the date of maturity. Hence it is-
Ordered
That the CC no.146 of 2013 be and the same is allowed on contest. The op no.1 and 2 are directed to issue seven duplicate copy of NSC as per Rule stated by them in the Written version and OP no.3 shall take necessary step to that effect. Op no.1 and 2 are directed to pay Rs.5,000/- towards compensation to the complainant for his mental agony, harassment and pain. The oP no.1 and 2 are also directed to pay Rs.5,000/- towards litigation cost to the complainant.
The Op no.1 and 2 shall comply the above orders within 30 days from the date of this order i.d. the complainant is at liberty to file Execution case in this Forum to execute the order.
Let a copy of this order be made over to the parties free of cost.
