In The District Consumer Dispute Redressal Forum, Banka
Complaint Case No. 61 of 2013.
Dated: 6th day of February 2019.
(1) Ritu Raj Thakur
(2) Mala Thakur
Both residence of Odahara,
Punsia, Banka: ……………………………………………………………………… Complainant.
V/s
Post Master,
Post Office Punsia, Banka: ……………………………………………………Opposite Party.
Counsel for the Complainant: Amarnath Sinha(Advocate).
Counsel for the Opposite Party: Hariballabh Pandit (Advocate).
Present:
(1) Md. Naimullah
President
(2) Dr. Binay Kumar Singh
Member
(3) Dr. Neelam Kumari Neelu
Member
Judgment
This complaint has been filed by Ritu Raj Thakur & Mala Thakur against Post Master Punsia & three others for compensation of Rs. 1,05,000/- & interest for Twenty Two Months amounting Rs.15,400/- ,Rs. 60,000/- mental & physical injury & Rs. 15,000/- as cost of the case. In total Rs. 1,95,400/-.
Case of complainant is that the complainant opened an A/c No. 450341 on 03.08.2010 in monthly income scheme of Post office Punsia for a sum of Rs. 1,05,000/-. It was agreed that Rs. 700/- per month shall be paid to complainant towards monthly interest in the said monthly income scheme in short “MIS”.
Further case of complainant is that 23.11.2010 Rs. 2100/- was paid to the complainant like wise on 24.03.2011 Rs. 2800/- on 30.06.2011 Rs. 2100/- on 08.0.11.2011 Rs. 2800/- was withdrawn by complainant. In addition to that on 05.10.2012 Twelve month interest Rs. 8400/- was withdrawn by complainant.
The complainant further case is that they went to withdraw interest of three months in the month of December 2012, the interest was not paid by OP on the ground that there is defect in the A/c as the name & A/c no. does not tally. Thereafter a letter through Email was sent to Deputy Director India Post Office Superintendent Patna, Bihar but no interest accrued on the deposit amount was paid to the complainant. Thereafter a legal notice was sent to OP to pay the due amount but the grievance of complainant was not redressed hence this complaint.
After issuance of notice OP appeared & contested the complainant through their written statements dated 26.03.2015. The OP has prayed to dismiss the complaint on the ground that the complainant is not maintainable in this Forum. The Forum has no jurisdiction to entertain the complainant. The complainant has no locus standi to initiate the proceedings.
In the written statement it is alleged that this is a MIS A/c fraud case of Punsia Sub Post Office bearing joint A/c No. 450341 in the name of Rituraj Thakur & Mala Thakur opened on 03.08.2010 under stamp & signature of Post Master Punsia Post Office who is under suspension under Banka Head Post Office. It is admitted that Rs. 1,05,000/- was deposited with monthly interest of Rs. 700/- per month. The Op has admitted the case of complainant as per passbook entry that on 23.11.2010 Rs. 2100/-, on 24.03.2011 Rs. 2800/-, on 30.06.2011 Rs. 2100/-, on 17.10.2011 Rs. 2800/- , on 08.10.2012 Rs. 8400/- was withdrawn by complainant. It is alleged that Rs. 1,05,000/- was defalcated by Pradip Kumar Yadav who did not deposit the said Rs. 1,05,000/- in Post office a/c & paid the aforesaid amount to the complainant causing loss to the India Post Deptt. For which an FIR is lodged against Pradip Kumar Yadav Sub Post Master Punsia in Rajaun Police Station which in registered as Rajaun PS Case No. 6713, as Pradip Kumar Yadav, cheated the depositor (Complainant) and Postal Deptt.
Thus on the basis of aforesaid fact the complainant has got no right to get any relief what so ever.
On the basis of the rival cases of the parties the only point of determination before us is that whether by not paying monthly interest by OP’s to complainant is there any deficiency of service on the part of OP’s?
The admitted fact in this case is that the complainant after paying Rs. 1,05,000/-, opened a MIS A/c in the name of complainant whose A/c No. 450341. It is also admitted that the a/c was open on 03.08.2010. It is also admitted that till 08.10.2012 monthly interest was paid to the complainant. As per case of OP the concerned sub Post Master Pradip kumar Yadav has cheated the complainant & & post office Deptt. For which a criminal case is filed against Pradip Kumar Yadav the then Sub Post Master Punsia. It is further alleged on the part of OP that since Pradip Kumar Yadav was suspended by the Deptt. Hence the monthly interest due could not be paid to complainant.
Going through the record I found that the Ext. 3 is a copy of letter no. CR/SB-1/13-14 dated Bhagalpur, 11.04.2013 issued by superintendent by Bhagalpur Davison to Sri N. K. Srivastav ASPO Banka Sub Division Banka directing him to dispose of the complaint of complainant of the Mala Thakur, this letter clearly shows that the complainant is genuine & complainant claim is also genuine. Complainant can not be denied the benefit of MIS on the ground that the Sub Post master Pradip kumar Yadav has committed offence of defalcation. It is needless to say that for any Act of Employee of the Deptt. The deptt. is & will always be liable for the wrong committed by the employee.
Thus on the admission of OP of the case of complainant as well as the facts discussed above compels us to hold that there is great deficiency of service on the part of OP in not paying the monthly interest amount on Principal amount of Rs. 1,05,000/-. In the result this forum allows the complaint of complainant & hold that OP must pay Rs. 1,05,000/- along with accrued interest of Rs. 700/- per month from 08.09.2012 till the filing of this case with an interest of 8% per annum on the total amount of Rs. 1,05,000/- & Rs.700/- per month from 08.11.2012.
It is, therefore, ordered that the OP’s be and the same are directed to pay Rs.1,0,5000/- as principal amount plus Twelve month interest of Rs.700/- per month totaling Rs.8400/- total Rs.1,13,400/-. In addition to the Rs. 15000/- as mental agony and Rs. 5000/- litigation cost is also allowed. It means Rs. 1,33,400/- is to be paid by OP to the complainant. Complainant is also entitled to get interest @ 8% from the date of filing of this case till the date of this order on Rs. 1,33,400/-, i.e Rs. 36,400/- totaling to Rs. 1,69,800/-.
OP is further directed to pay the entire amount Rs. 1,69,800/-. OP is further directed to pay the entire amount within two months from the date of this order failing which the complainant will be further entitled to recover the amount through certificate case/process of the court along with interest of 8% from the date of this order till its final realization.
Member Member President
Dr. Binay Kumar Singh Dr. Neelam Kumari Neelu Md. Naimullah