This is a case U/S 12, of Consumer Protection Act, 1986 for an award directing the O.Ps. to pay Rs. 20,000/- as balance of Savings Account No. 409201, to pay Rs. 2,00,000/- including interest as balance of MIS Account No. 24234, to pay Rs. 17,00,000/- as compensation for mental agony, harassment and for the deterioration of the health condition of Debotash Das.

The complainant’s case in short is that the complainant is the wife and power of attorney of Sri Debatosh Das who is the holders of Savings Account No. 409201 and MIS Account No.  24234 under the O.Ps.  On 02.08.2012 said  Debatosh Das  in a road accident received

severe injuries in his person and in said accident he also lost his said Savings Account Book and related papers including certificate of MIS Account No. 24234. In that connection he made a diary at Islampur P.S. on 22.11.2012 and also he made application before the O.P. No. 1 to get the duplicate copies of the same. Gradually his health condition deteriorated and he was bed ridden and also he lost his capacity to do any work. As such he feeling urgent need of money for his proper medical treatment, on 20.12.2012 executed a power of attorney in favour of his wife, the present complainant, to withdraw the balance amount of the Accounts as mentioned and to do other works on his behalf. The complainant being Power of Attorney, made claim of such balance amount in writing before the O.Ps. even by sending Lawyer’s  Notice. But due to negligence on the part of the O.Ps. the complainant has got on money. As a result the husband of the complainant, getting practically no treatment, has gone to the dead bed and he has been facing scarcity of food in his family as there is no other earning member in his family. Hence this case was filed with the prayer as mentioned above.

In spite of service of notices upon the O.P. Nos. 1 and 3 they did not appear in this case. Accordingly this case was heard ex parte against them.

The O.P. no 2 contested this case by filing written version while denying the case of the complainant and stating inter alia that the case is not maintainable, the complainant has no right to claim any withdrawal of money from the O.P. Department as she obtained no registered Power of Attorney from the Account holder Debatosh Das and she has no right to institute this case. It has been further stated by this O.P. that there is one SB A/C bearing No. 409201 with balance of Rs. 21,622/- including interest calculated upto 2010-2011 and MIS Account No. 24234 with balance of Rs. 1,95,000/- in the name of Debatosh Das, the last dates of transactions of such Accounts are 02.08.2012 and 13.06.2012 respectively, the complainant on 31.12.2012 by filing a plain application before the Sub- Post Master, Islampur stated that her husband Debatosh Das was injured by road accident and in said accident he lost his Pass Book, certificate other papers connected with above accounts and due to day by day deterioration of health of Debatosh Das, she claiming herself as Power of Attorney, applied for withdraw the total amount, but in spite of repeated requests she did not file the application in proper way with proper authorization of Account Holder, however the O.Ps. are ready to pay the amount maintaining statutory provisions of Indian Postal Act,  there is/was no deficiency in  service on the part of the O.Ps. in  this matter and as such the case is liable to be dismissed with cost. 

DECISIONS WITH REASONS

In support of his case, the complainant has adduced his statement supported by an affidavit, answers of questionnaires and some documents which are personal copies of P.S. Diary dated 22.11.2012 and letter dated 31.12.2012, copies of letters dated 24.05.2013 & 23.04.2013 issued by the Post Master (Grade- 1), copy of Legal Notice dated

15.04.2013, certificate issued by Dr. Swapan Kr. Roy, agreement dated 11.11.2010, and photo copies of bunch of documents showing medical treatment of Debatosh Das.  On the other hand the O.P. No. 2 except submitting questionnaires, did not adduce any evidence in support of his case,

It is not disputed that the complainant is the wife of Sri Debatosh Das who is the holders of Savings Account No. 409201 and MIS Account No. 24234 under the O.Ps., on 02.08.2012 said Debatosh Das in a road accident received severe injuries in his person and in said accident he lost his said Savings Account Book and related papers including certificate of MIS Account No. 24234, in that connection he made a diary at Islampur P.S. on 22.11.2012. It is not denied by the contested O.P. that Debatosh Das made application before the O.P. No. 1 to get the duplicate copies of the documents related to the Accounts in question, gradually the condition of his health was deteriorated and he was bed ridden and also lost his capacity to do any work, as such he on 20.12.2012 feeling urgent need of money for his proper medical treatment, executed a Power of Attorney in favour of his wife, the present complainant, to withdraw the balance amount of the Accounts as mentioned and to do other works on his behalf.

 It is further admitted by the contesting O.P. that there is one SB A/C bearing No. 409201 with balance of Rs. 21,622/- including interest calculated upto 2010-2011 and MIS Account No. 24234 with balance of Rs. 1,95,000/- in the name of Debatosh Das, the last dates of transactions of such Accounts are 02.08.2012 and 13.06.2012 respectively, the complainant on 31.12.2012 by filing a plain application before the Sub- Post Master, Islampur, stated that her husband Debatosh Das was injured by a road accident and at the time of accident he lost his Pass Book, certificate and other papers connected with the above accounts and due to day by day deterioration of health of her husband and for his medical treatment money is needed and claimed for withdraw of the total amount.

The O.P. No. 1 has brought a specific case that the case is not maintainable, the complainant has no right to claim any withdrawal of money from the O.P. Department as she obtained no registered Power of Attorney from the Account Holder Debatosh Das and she has no right to institute this case. The complainant has filed the photo copy of power of Attorney, executed by Debatosh Das in her favour. On scrutiny of this Power of Attorney it appears that this document was not registered but duly authenticated by a Notary Public. On perusing the provisions of Registration Act it appears “The court shall presume that every document purporting to be a power-of-attorney and to have been executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate (Indian), Consul or Vice- Consul or representative of the Central Government was so executed and authenticated, so ordinarily it does not require registration except where it creates any interest in any immovable property“. This case is not connected with any immovable property. The Account Holder Debatosh Das executed this  power of attorney in favour of the complainant, to withdraw the balance amount of the Accounts in question

and to do other works. So we hold that the complainant has got authority to withdraw the balance amount of the Accounts vide Savings Account No. 409201 and MIS Account No. 24234 as mentioned and to file this case on  behalf of Debatosh Das.  It is admitted by the O.P. No. 1 that there is one SB A/C bearing No. 409201 with balance of Rs. 21,622/- including interest calculated upto 2010-2011 and MIS Account No. 24234 with balance of Rs. 1,95,000/- in the name of Debatosh Das, the last dates of transactions of such Accounts are 02.08.2012 and 13.06.2012 respectively. The complainant has claimed that in MIS Account No. 24234 Debatosh Das deposited Rs. 2,00,000/- but in this connection she has failed to adduce any cogent evidence. So we find that Debatosh Das had Rs. 1,95,000/- in his MIS Account No. 24234 on 13.06.2012.

The complainant has specifically stated in complaint petition that Debatosh Das in a road accident received severe injuries in his person, gradually the condition of his health was deteriorated and was bed ridden, the  complainant being his Power Attorney and feeling urgent need of money for proper medical treatment of her husband, made application before the O.Ps. to withdraw the balance amount of the Accounts as mentioned, on 31.12.2012, subsequently she made several correspondences, but due to negligence on the part of the O.Ps. the complainant has got on money, as a result her husband getting practically no treatment, has gone to the dead bed and he has been facing scarcity of food in his family. More or less, the contesting O.P. Ns. 2 has admitted this case. The medical papers submitted by the complainant supports this case. In view of the discussions held here in before show that the plea taken by the O.P. No. 1 does not stand. The claim was made on 31.12.2012 but till this day the O.Ps. have not paid the outstanding balance of the Accounts as mentioned. As a result the complainant and her family members have  been suffering mental agony, monitory loss, harassment etc. and the Accounts Holder Debatosh Das has gone to the dead bed. For the negligence and deficiency in service on the part of the O.Ps., the complainant was forced to come before this Forum incurring money. In the above circumstances the complainant is entitled to get heavy amount as compensation and an amount as litigation cost.

In view of the above discussions we are of the opinion that the complainant is entitled to get an award directing the O.Ps. to pay the outstanding balances which will be calculated on the date of payment, of  Savings Account No. 409201 and MIS Account No. 24234 in question, to pay Rs. 1,00,000/- as compensation and to pay Rs. 10,000/- as litigation cost.  

Thus the case succeeds.    

 Fees paid is correct.

          Hence, it is                    

                                                              ordered

that the complaint case being No. 53/2013 is allowed on contest against the O.P. No. 2 and ex parte against the rest without cost,

that the complainant do get an award directing the O.Ps. to pay the outstanding balances which will be calculated on the date of payment, of  Savings Account No. 409201 and MIS Account No. 24234 in question, to pay Rs. 1,00,000/- (Rs. One Lakh) as compensation and to pay Rs. 10,000/- (Rs Ten Thousand) as litigation cost,

that the O.Ps. are directed to pay such outstanding balances which will be calculated on the date of payment, of  Savings Account No. 409201 and MIS Account No. 24234 in question, Rs. 1,00,000/- (Rs. One Lakh) as compensation and Rs. 10,000/- (Rs Ten Thousand) as litigation cost within one month from this day, to the complainant failing which the total calculated amount will carry interest @ 8% p.a. from this day upto the date of full realization and the complainant will be at liberty to put this order in execution in accordance with law.

Copy of this order be supplied to each parties , free of cost.