IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 8/S/2015.                            DATED : 02.09.2016.   

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : SRI JAGADISH PRASAD AGARWAL,  

  C/O Narshing Dass & Sons,

  33, Church Road, 

                                                  Siliguri – 734 001, West Bengal.

O.Ps.             1.                      : POST MASTER,  

  Kurseong Post Office, Burdwan Road,

  P.O. & P.S.- Kurseong, Dist.- Darjeeling,  

  West Bengal.

                                    2.                     : SUPERINTENDANT OF POST OFFICE,

  Darjeeling, Pin – 734 101.

                                    3.                     : THE POST MASTER GENERAL,

  North Bengal/Sikkim Region,

  Head Post Office, Siliguri – 734 001.

FOR THE COMPLAINANT         : Sri Santanu Chakraborty, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case under Consumer Protection Act, 1986, germane in the petition filed by the complainant before this Forum runs as follows :-

The complainant is a bonafide purchaser of 12 Nos. NSC of Rs.10000/- each bearing Registration No.2646 dated 01.06.2006 from OP No.1.  Those NSCs were matured on 01.06.2012 of Rs.1,92,120/-.  The complainant had placed the NSC at the Kurseong P.O. on 23.11.2013 to obtain the matured amount from the OP.  The Kurseong P.O. verbally told the complainant that issuance of NSC in favour of Hindu Undivided Family was irregular and the payment of said certificate will be made with little delay. Six months have passed, but the complainant did not get the satisfactory reply from the OP.  The complainant issued one letter before Superintendent of Post Office at Darjeeling, but did not get the matured amount.  The complainant had made correspondence with authority concern by      Annexure -1, Annexure - II, Annexure - III and Annexure – IV.  About two years have passed, but the complainant did not get the matured amount.  Hence, this case. 

Contd……..P/2

-:2:-

The OP appeared and contested the case by filing written version denying inter-alia all the material allegations as raised by the complainant.  It is submitted by the OPs that after receiving the NSC i.e., application for maturity payment of NSC certificate, it was informed that since the issuance of such NSC Certificates in favour of HUF as well as Trust was discontinued with effect from 13.05.2005, the certificates issued to the complainant at his request were irregular and therefore considerable time is required from the appropriate Authority to regularize the same before making payment to the complainant.  The permission for regularization of the said NSC certificates has to come from higher authorities of Post Office as such the delay is inevitable.  Therefore, the OPs prayed for dismissal of the complaint case. 

To prove the case, the complainant has filed the following documents:-

1.       Letter to the Superintendent of Post Offices, Darjeeling dated 12.05.2014 is marked and annexed as Annexure - 1.

2.       Reply from the Superintendent of Post Officer, Darjeeling dated 19/05/2014  marked and annexed as Annexure-2.

3.       Letter to the Post Master General, North Bengal/Sikkim dated 22.05.2014 is marked and annexed as Annexure-3.

The OPs did not file any documents. 

          Complainant has filed evidence in-chief.

OPs have filed evidence-in-chief.

          Complainant has not filed Written Notes on argument. 

OPs have filed Written Notes of Argument.

Points for determination

1.       Is there any deficiency in service on the part of the OPs ?

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason             

          Both issues are taken up together for the brevity and convenience of discussion.

          From the case of both sides, it appears that complainant purchased the NSC in the name of Hindu Undivided Family (HUF).  So, the purchasing of NSC is admitted by the OPs.  But the OPs submit that more time would be necessary as the certificates have been issued in favour of Hindu Undivided Family.  The position of law has been changed.  It is clearly stated by OPs that complainant is not entitled to get the reliefs claimed by him apart from the maturity value of the

Contd……..P/3

-:3:-

NSC certificates only after regularization of the said certificates from the higher authority of the Post Offices.  When the OP admits the maturity value of NSC after regularization of the said certificates, so, at this time this Forum is unable to interfere in the procedure adopted by the OPs.  Secondly, the complainant purchased the above NSC from Kurseong Post Office and the said Post Office is not within the territorial jurisdiction of this Forum as defined Under Section 11 (2) of the Consumer Protection Act, 1986.  Accordingly, this Forum is unable to take cognigence as the subject matter is not within territorial jurisdiction of this Forum. 

After considering the materials of both sides, this Forum is of opinion that the complainant has been wrongly instructed to file this case before this Forum. 

In the result, the case fails.         

Hence, it is

                     O R D E R E D

that the Consumer Case No.8/S/2015 is dismissed on contest, but without any cost.

Let copies of this judgment be supplied to the parties free of cost.