Order no. 24 dated 30.7.2015
Case of the complainant Smt. Tandra Nandi, in short, is that she had an R.D.Account being its no.11829 with effect from 14.2.2006 in the mode of monthly payment of Rs.800/- till the maturity of the R.D.A/c on 14.2.2011 for maturity value of Rs.58,312/- only. Smt. Nandi submitted form no.7A duly furnished submitted on 12.2.2011 for verification of her signature etc. so that the maturity value may be credited to the Savings Bank Account No. 1152089 on 14.2.2011. Now the allegation raised by the complainant that on 14.2.2011(Monday) it was detected that an amount of Rs.52,409/- was credited in place of actual maturity Rs.58,312/- by the OP . The complainant moved before them claiming less payment of Rs.5,903/- . Despite prolong pursuation , no relief was given to the complainant from the end of the OP authority and as such the complainant has come before us with a prayer for getting the differences and interest thereof.
The OP contested the case by filing WV challenging that the case is not maintainable and the same is barred by limitation . Moreover, the complainant is not a consumer and has no cause of action for presentation of this case. The final maturity of the R.D.A/c was on 14.2.2011 but the complainant finally closed the said account on 12.2.2011 prior to its maturity. So there is no question of payment of difference . Thus the case should be dismissed.
Upon the case of both parties the following issues are framed for the purpose of correct decision towards the dispute.
ISSUES
Whether the case is maintainable for want of cause of action ?
Whether the R.D.A/c in two names was closed prior to its maturity ?
If the complainant is entitled for the differences as claimed ?
What other relief or reliefs the complainant is entitled to ?
DECISION WITH REASONS :
All the points are taken up together for the sake of convenience of discussion and to avoid repetition.
Complainant argued that the R.D.Account was to be matured on 14.2.2011 (Monday) and on 12.2.2011 (Saturday) the complainant submitted account closure form (SB-7A) for receiving payment. But the OP made short payment not the actual maturity value as on 14.2.2011 i.e. for complete five years with effect from the date of opening R.D.account on 14.2.2006. Thus, the complainant claims rest amount of interest Rs.5,903/- . Further, argued that there is no provision for premature closure of any account mere on demand of single depositor, in case of where the account maintained by two depositors. Here, the oP has purposely entertained the demand of single depositor used for prematured closure of the account. The requisition form SB-7A itself shows grave anomalies and intention of the OP in order to defraud the complainant. Thus, this is a case of deficiency in the service of OP/ Postal Authority. In that view, the complainant is entitled for the relief claimed.
Ld. Advocate for the oP in reply submitted that the depositor has drawn the amount on 12.2.2011 in respect of the R.D.account prior to its maturity on 14.2.2011. Accordingly, all relevant documents in computerized statement are produced before the Forum which as a whole goes to show that the interest upto the date of 12.2.2011. The relevant application form was duly furnished by the depositor /complainant and on that basis the payment has been discharged. Apart from that, the R.D. Account was under instruction on its operation to be held severally not jointly. So , the Op considered the prematured payment on the basis of demand of the complainant. Further, the OP has made their Departmental enquiry and it was revealed that the payment was rightly made according to the claim of the depositor. Thus, the case should be dismissed.
We have considered the case very carefully. It is admitted that the R.D. account was opened on 14.2.2006 for five years. The payment was made in respect of account closure form (SB-7A) used for payment order. This is carefully scrutinized by us . Since, the maturity date being 14.2.2011 in respect of this RD Account, it is very much curious before us that mere before one day , why the complainant preferred herself for closure of the account as a prematured case which should be seriously looked into. From the postal manual it has come to our notice that in case of maturity closure of any account , the depositor shall submit written application in absence of any prescribed form to that effect. It is also the obligatory on the part of the postal authority to collect application for premature withdrawal . But here in this case no such application for premature closure of the account and its payment is taken by the OP . Apart from that, the account closure form (SB-7A) duly furnished by the depositor on 12.2.2011 has been accepted for granting payment with signature of the Post Master imposing date 12.2.2012. The particulars furnished in the said form do not expose the alleged fact of prematured closure of the account. Rather this form can relevantly be used for the event of closing any account not in premature stage.
Under the facts and circumstances and findings mentioned hereinabove , the OP is found deficient in dealing with the closure of the RD account which resulted pecuniary loss of the depositor. It is the duty of the Postal authority to see the interest of the depositor and to take care in such a particular case where the maturity date was 14.2.2011 in the context of the account closure form dated 12.2.2011 towards the account was for five years with effect from 14.2.2006.
In view of the observation , the complainant has valid cause of action for presentation of the claim and as such the case is maintainable and thereby she is entitled to relief as prayed for.
Thus, all the issues are held and decided in favour of the complainant and as a result , the case should be allowed against the OP.
Hence ordered
That the C.C. no. 20 of 2013 be and the same is allowed on contest without cost.
The complainant Smt. Tandra Nandy is entitled to Rs.5,903/- + compensation Rs.3,000/- totaling Rs.8,903/- payable by the OP within 30 days from this order , in default, the amount shall accrue 9% interest till its payments .
The OP is hereby directed to pay Rs.8,903/- in favour of the complainant within 30 days from the date of this order failing which 9% interest thereon till payment.
Let a copy of this order be made over to the parties free of cost.
