Order No.10
Dt.25.02.15. The case of the complainant is that complainant is a bonafide consumer of OP. Complainant has savings bank account with OP. On 30.07.2013, the complainant came to OP for closing his passbook, but complainant was requested to come on next day. But the complainant went to the OP on several occasions from 08.08.2013 to 04.07.2014. But the OP did not handover the passbook to the complainant. The complainant is a worker in a Private Company as Sales Executive with a salary of Rs.13,300/-. After deducting employees contribution towards Employees Provident Fund as shown in the HDFC Bank Passbook dated 05.07.2014 (Annexure-14). The complainant had to take leave from the Private Company to come post office. The Post Master caused harassment of the complainant by gross negligence of duty. The complainant made application before the Assistant Director, Consumer Affairs and Fair Business Practices, Siliguri Regional Office, but the dispute was not resolved. So, the complainant has filed this case before this Forum. The complainant has suffered loss mentally and physically only to come for taking passbook. So, this case is instituted with prayer for compensation.
This case has been heard exparte.
The complainant has filed the following documents :-
1. Copy of the acknowledgement issued from the Post Office, Deshbandhu Para is marked and annexed as Annexure A.
2. Copy of the appointment letter is marked and annexed as Annexure B.
3. Copy of the Bank Passbook of HDFC Bank is marked and annexed as Annexure C.
4. Copy of the complaint filed before the Office of the Assistant Director, Consumer Affairs & Fair Business Practices, Siliguri Regional Office is marked and annexed as Annexure D.
In the petition, the complainant made allegation that he wanted the passbook from the Post Master. But the Post Master repeatedly told him to come and complainant came there on repeated occasion, but the Post Master did not supply the Passbook as stated by the complainant. Thereafter, the complainant filed petition before the Assistant Director, Consumer Affairs and Fair Business Practices, Siliguri Regional Office, but no result. The complainant has filed those documents as stated hereinbefore. There is nothing to disbelieve the statement of complainant. As such the complainant’s case succeeds.
The complainant has suffered very much as per document filed by him, he is working in a private firm having a paltry sum of salary. In spite of that he has to come to the Post Office repeatedly. So, he shall get compensation. The OP is found deficiency in service and negligence to perform their work in the office. So, the OP must give compensation to the complainant as per law as laid down in the Consumer Protection Act, 1986.
As per record, the complainant has come to the Post Office on 8 days and has attended before this Forum on 9 days. Therefore, the complainant is entitled to get compensation for harassment caused by the OP/Post Office.
The complainant claimed Rs.1,00,000/- for mental agony, harassment and tension. But we are of opinion that if Rs.10,000/- is allowed in favour of the complainant, then complainant shall be compensated rightfully.
Hence, it is
O R D E R E D
that the Consumer Case No.5/S/2015 is hereby allowed exparte against the OP/Post Master.
The complainant is entitled to get compensation of Rs.10,000/- for mental agony, harassment and tension.
The OP/Post Master is directed to pay Rs.10,000/- towards compensation for mental agony, harassment and tension by issuing an account payee cheque in favour of the complainant within 45 days of this order.
In case of default of payment, the complainant is further entitled to get interest @ 9% per annum on the awarded sum of Rs.10,000/- from the date of filing of this case till full realization.
In case of default, the complainant is at liberty to execute this order through this Forum as per law.
Copies of this judgment be supplied to the complainant free of cost.
