DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 30^th day of June 2011

Present : Smt. Preetha G Nair, Member

: Smt.Bhanumathi.A.K. Member Date of filing: 01/01/2011

(C.C.No.1/2011)

C.V.Chandrasekhara Menon

S/o.Late Vengalil Sankunni Menon,

Santhinikethan,

Chunangad P.O. - 679 511

Ottapalam, Palakkad - Complainant

(Party in Person)

V/s

1. The Post Master,

P.O.Chunangad,

Ottapalam – 679 511,

(Party in Person)

2. The Head Post Master,

P.O.Ottapalam,

Palakkad – 679 101

(Party in Person)

3. Ottapalam Divisional Postal

Superintendent

Post Ottapalam – 679 101

(Party in Person)

4. Kerala Circle Chief Post Master General

Thiruvananthapauram - 695 033 - Opposite parties

(Party in Person)

O R D E R

By Smt.BHANUMATHI.A.K. MEMBER

The complainant had a RD Account at Chuanangad Sub Post Office under No.1310722 which was opened on 13/6/2005 and matured on 13/6/2010. The said account was closed by the complainant and received the matured value of Rs.10934/- on 16/6/2010 instead of closed RD Pass book the complainant was given a slip only. When the complainant demanded the closed RD pass book he was informed by the Chunangad Post Master that he was instructed to send the closed RD Pass book to the Ottapalam Head Post Office. So the complainant made request to return the closed RD Pass book before Head Post Master, Ottapalam, Ottapalam Divisional Postal Superintendent and Chief Post Master General, Thiruvananthapuram. But the complainant didn't get any sufficient reply from these authorities. On 25/11/2010 the complainant got a reply letter from the Superintendent of Post, Ottapalam. According to the complainant the said reply is not correct. So the complainant seeking an order directing the opposite parties to return the closed RD pass book to the complainant and pay an amount of Rs.50,000/- as compensation for mental agony and cost.

Opposite parties entered appearance and filed version with the following contentions.

As per SB Order No.2/2008 Communicated vide letter F.No.116-09/2007-SB dated 4/2/2008 of Govt. of India, Ministry of Communication & IT, with effect from 15/2/2008 all single/double handed sub post officers at the time of closure / premature closure of RD/MIS/SCSS accounts will collect the closed pass book from the depositor and attach the same with account closure form and send in a manner prescribed for despatch of vouchers and list of transaction to the Head Post Office concerned. Similarly as per this order the Sub Post Master will have to issue a certificate to the depositor for closed account if demanded. The RD account of the complainant was at Chunangad Post Office and this is a double handed post office. As per the instruction contained in the SB Act the closed pass book has to be forwarded to the Head Post Office by the Sub Post Master. In the SB order it is clearly mentioned that non submission of closed pass book duly cancelled with account closure voucher will attract disciplinary action. So the Sub Post Master followed the SB Order and issued a certificate to the depositor showing the detailed calculation of the RD account closure and forwarded the closed pass book to Ottapalam Head Post Office. It is admitted by the opposite party that the complainant made a request to Superintendent of Post Offices, Ottapalam Division, Ottapalam for return of closed pass book to him. As per the order the closed pass book have to be retained at Head Post Office and therefore the same could not be returned to the depositor and the matter was communicated to the complainant. Opposite parties says that the complainant does not have any complaint against non payment or short payment of maturity values. The allegation of the complainant that these opposite parties had not followed the prescribed rules is quite baseless.

Both parties filed their respective affidavits and Ext.A1 -Ext.A12 marked on the side of the complainant and Ext.B1 to Ext.B3 marked on the side of the opposite parties.

Head Both parties.

Issues to be considered are

1. Whether there is any deficiency of service on the part of opposite parties ?

2. If so, what is the relief and cost ?

The case of the complainant is that he had open a RD account with 1^st opposite party and closed the same and received the maturity value accordingly. But 1^st opposite party didn't return the closed RD Pass Book. When it was enquired he was informed that 1^st opposite party is instructed to send the closed RD Pass book to the Head Post Office, Ottapalam. Afterwards the complainant send requests to all opposite parties for getting the closed RD Pass book. But the complainant did not get the same. According to the complainant the reply from the 3^rd opposite party is also not satisfactory. Hence the complaint.

We perused the available documents on record. It is admitted by the opposite parties that the complainant had a RD account and closed the same. The maturity value has been delivered. The complainant does not have any complaint against non payment or short payment of maturity values. Only complaint is regarding in not getting the closed RD pass book. For this, opposite parties produced Ext.B1 document, in which it is stated that “it is seen that the most fraud prone offices are single handed SOs and those Double handed SOs which are running by single hand due to shortage of staff. To have a better control and monitory over saving bank operations in these offices, the following steps may be observed as the interim guidelines w.e.f. 15/2/2008”.

a) Single and Double handed Sub Post Officer

1. with effect from 15/2/2008, all single / double handed sub post offices at the time of closure /premature closure of RD/MIS / SCSS accounts will collect closed Pass book from the depositor and attach the same with account closure form and send in a manner as prescribed for despatch of vouchers and LOT to Head Post office.

2. The sub post master will issue a certificate to the depositor for closed Account if demanded.

   In this case the RD account of the complainant was at Chunangad Post office and this is a double handed post office. As per above order this opposite party has to forward the closed RD Pass book to the Head Post Office. The purpose of giving closed RD account Pass Book is to ensure that proper and eligible amount has been paid to the depositors. The complainant himself admitted that he got a slip from the 1^st opposite party, marked as Ext.A1, contain the account No., RD account amount. Here 1^st opposite party followed the orders of their higher authority. It can't be considered as deficiency of service . Consumer Forum has no authority to challenge the order marked as Ext.B1.

In the result the complaint dismissed. No order as to cost.

Pronounced in the open court on the 30^th day of June 2011.

Sd/-

Preetha G Nair

Member

Sd/-

Bhanumathi A.K

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 -Slip issued by 1^st OP with account (No.Hfc 0070474) & maturity value

Ext.A2 & Ext.A3 – Copy of letter sent by complainant to Chief Post Master,

Trivandrum & HPO, Ottapalam

Ext.A4 – Letter sent by the Superintendent, Ottapalam Postal Division to the

Complainant

Ext.A5 – RTI Letter sent by complainant on 27/8/10 to Chief Post Master

General, Trivandrum & Public Information Officer.

Ext.A6 series- Certificate of posting receipt and postal receipt & Reply to RTI

letter and its cover

Ext.A7 - Copy of letter dt.11/9/10 to OP at Trivandrum sent by the

complainant

Ext.A8 -Registered letter sent by OP at Trivandrum dt.22/9/10 to the

complainant

Ext.A9 – Copy of eMO Pay In Slip dt.24/9/10

Ext.A10 series – Letter sent by Superintendent Ottapalam Postal Division

dt.22/11/10 alongwith fee receipt

Ext.A11 – Pass Book No.1312146

Ext.A12 – Letter dated 27/12/01 sent by Manager, Ottapalam Customer Care

Centre to the complainant alongwith Pass Book Nos.159166 & 202112.

Exhibits marked on the side of the opposite parties

Ext.B1 – Copy of SB Order No.2/2008

Ext.B2 - Copy of application for opening of the account submitted by the

complainant

Cost Allowed

No cost allowed.