Delhi

East Delhi

CC/65/2016

DEEPAK - Complainant(s)

Versus

POST MASTER - Opp.Party(s)

17 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 65/16

 

Deepak Kumar (HUF)

Through Karta

Mr. Deepak Kumar

A-89, Surajmal Vihar

Delhi – 110 092                                                        ….Complainant

Vs.    

 

1. The Chief Post Master (CPMG)

Meghdoot Bhawan

Jhandewalan Exension

New Delhi – 110 055

 

2. The Post Master

Krishna Nagar Post Office

Delhi – 110 092

 

3. The E-Superintendent

Krishna Nagar Post Office

Delhi – 110 092                                                               …Opponents

 

Date of Institution: 08.02.2016

Judgement Reserved on: 17.07.2018

Judgement Passed on: 23.07.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Deepak Kumar (HUF) through karta Mr. Deepak Kumar against the Chief Post Master (CPMG)   (OP-1), Post Master, Krishna Nagar Post office (OP-2) and               E-Superintendent, Krishna Nagar Post Office (OP-3) under       Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant opened a PPF account vide account no. 10007669 in the name of Deepak Kumar (HUF) as Karta in March 1997 with the post office at Krishna Nagar. After completing 15 years in March 2013, a sum of Rs. 5,53,256/-(including interest) had accumulated in the said PPF account.

          It was stated that when the complainant went to Krishna Nagar Post office (OP-2) in March 2013 for claiming the maturity amount, he was advised to extend the PPF account for a further period of            5 years.  The complainant decided to extend the PPF account and deposited a sum of Rs. 5,000/- in the said account on 14.03.2013.  He deposited Rs. 5,000/- and Rs. 10,000/- in the year 2013-14 and   2014-15 respectively in the said account. 

          It was also stated that due to some personal reason, the complainant decided to withdraw the amount in May 2015.  As per pass book an amount of Rs. 7,32,580/- had accumulated in the PPF account as on 31.03.2015.  The complainant was told by OP-2 that he would not get interest for the period 2013-14 and 2014-15 and would be paid only Rs. 5,73,256/- i.e. the amount accumulated in his account as on 31.03.2013 plus Rs. 15,000/- deposited by the complaint during 2013-14 and 2014-15.

          He was told that there was a mistake on the part of post office and suggested that he should close PPF account immediately as no further interest would be payable on his account.  Having left with no other option, the complainant closed the PPF account and was paid a sum of Rs. 5,73,256/- vide cheque no. 242910 dated 14.05.2015. 

          It was further stated that due to the careless and negligent attitude on the part of the staff of OP-2, complainant’s PPF account was renewed in March 2013.  Thus, the complainant had to suffer loss of interest for 26 months i.e. from March 14, 2013 to May 13, 2015. 

          In reply to complaint of the complainant dated 25.05.2015 to the Chief Post Master (CPMG) (OP-1), he received a letter dated 03.08.2015 from Sr. Supdt. of Post Offices (OP-3) stating the following reasons:-

“As per the instructions issued vide SB Order No. 23/2010 dated 13.12.2010, it is intimated that  the PPF account opened in the name of HUF prior to 13.05.2005 cannot be further extended after maturity and no further deposit can be accepted in such accounts after maturity.  it is further intimated that PPF Accounts opened cannot be accepted in the name of HUF prior to 13.05.2005 will be closed on maturity i.e. 31^st March of the 16^th financial year from the year in which account was opened.  No further interest will be admissible”.

          Hence, the complainant has prayed for directions to OP to pay the interest amount of Rs. 1,59,324/- from March 14, 2013 to May 13, 2015; Rs. 50,000/- compensation towards mental agony and harassment suffered by the complainant and cost of litigation.

3.       In the Written Statement filed on behalf of OP, they have stated that as per SB order no. 23/2010 dated 13.12.2010, PPF account opened in the name of HUF prior to 13.05.2005 cannot be further extended after maturity.  It was not confirmed that the remarks shown as “Extended for 5 years” was given by post office staff or not as there was no post office stamp against the said remarks.

It was denied that an amount of Rs. 7,32,582 was accumulated in the said PPF account.  It was erroneously added the PPF interest after maturity period which was corrected later and only the maturity value plus the amount deposited by the complaint after maturity period  i.e. Rs. 5,73,256/- was paid through SBI cheque no. 242910 dated 14.05.2015 to the complainant.  Other facts have also been denied. 

4.       Rejoinder to the WS of OP was filed by the complainant where the contents of the WS have been denied and has reaffirmed the averments of her complaint. 

5.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has got exhibited documents such as copy of pass book showing the balance in March 2013 (Annexure A-1), copy of pass book showing the balance in March 2015 (Annexure A-2), copy of cheque no. 242910 dated 14.05.2015 (Annexure A-3), copy of letter dated 01.06.2015 in which OP-1 forwarded the complaint of the complainant  to OP-3 (Annexure A-4) and copy of letter dated 03.08.2015 (Annexure A-5).   

          In defence, OP have examined Shri Mohan Singh Meena, Senior Postmaster, Krishna Nagar Head Post Office, who has also deposed on affidavit.  He has also narrated the facts which have been stated in the written statement. 

6.       We have heard the complainant in person and Ld. Counsel for OP.  It has been argued on behalf of OP that the interest amount claimed by the complainant was not permissible under the rules as the excess amount was not to carry any interest over the permissible amount deposited in the PPF account.

          On the other hand, complainant have argued that the excess amount which was deposited by him was accepted by OP which was to carry interest.  Admittedly, PPF account was for a period of          15 years and the post office have accepted the amount of               Rs. 20,000/- which was not permissible under the rules. 

          In support of his plea, complainant have placed reliance on a judgement of Hon’ble National Consumer Disputes Redressal Commission in Indian Postal Department vs. Haunman Das Nathani, where the excess amount deposited was ordered to carry simple interest of saving bank account. 

          The law is well settled that the amount deposited in excess of the amount in violation of the rule was not to carry the interest which was permissible under the said scheme and there was no deficiency in service on the part of the department.  However, the excess amount deposited in violation of the rule will carry interest of post office saving account. 

          In the present case, the amount of Rs. 20,000/- deposited by the complainant in violation of the rule will not carry the interest as was applicable under the PPF scheme and there has been no deficiency on the part of postal department.  However, the same will carry interest of post office saving account. The amount of              Rs. 5,53,256/- which was due on the date of maturity will also carry simple interest as per post office saving account.  

          Therefore, we order that the Department of Post (OP) shall pay interest on Rs.5,73,256/- (Rs.5,53,256/- + Rs.20,000/-) at the rate of post office saving account from the date of deposit made by the complainant.  The same be paid within a period of 45 days.      

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President