The complainant Utpala Sarkar has filed this case against the OPs under section 12 and 14 of the C.P. Act, 1986 and praying for following relief /order:-
i) Direction against the OPs to refund the amount of Rs. 31,900/-(thirty one thousand nine hundred) only with statutory interest.
ii) Direction against the OPs to make payment of Rs. 2,00,000/-(two lakhs) only to the complainant on account of mental pain, agony and harassment.
iii) Direction against the OPs to make payment of Rs. 50,000/-(fifty thousand) only to the complainant for litigation cost.
iv) Any further relief which this commission deems just and proper for the ends of justice.
The brief fact of the case is that the complainant, Utpala Sarkar has filed this case against the OPs and she is a consumer u/s 12 of C.P. Act, 1986 and hired the service of the OPs/the complainant had received a cheque bearing no. 740068 dt. 25.02.2014 of SBI Mangaldeep Branch issued by the Post Master Siliguri Head Post Office from Postal Department on maturity of her KVP/ that the complainant had deposited the said cheque in the UCO Bank savings account, Burdwan Road Branch on 28.03.2014 worth Rs. 31,900/- (thirty one thousand nine hundred) only /in the month of November 2017 when the complainant updated her bank passbook she discovered that the KVP maturity amount of Rs. 31,900/-(thirty one thousand nine hundred) only had not been credited to her UCO bank savings account/ The complainant thereafter approached the Bank Manager of UCO Bank but the Manager could not satisfy the complainant by saying that there might be negligence from their part and they might have misplace the cheque / the complainant then approached the post master on 13.12.2017 and discussed about the said matter, requested the Post Master to re-issued another cheque of the same maturity amount of Rs. 31,900/-(thirty one thousand nine hundred) only /on 22.12.2017 the OP no. 1 send a letter to the Chief Manager of SBI Mangaldeep Branch and OP-2 demanding detailed clearance statement and credit/debit certificate of the cheque bearing no. 740068 dated 25.02.2014 issued by the OP no. 1/after few months the Senior Manager of UCO Bank send a letter to the Post Master on 09.04.2018 stating that KVP maturity amount had not been credited to the complainant’s savings account till date/ after going through a lot of pain, agony and harassment the complainant could not stop herself and on 28.04.2018 the complainant made a written complaint against the Postal Depart in CA & FBP / on 22.05.02018 the complainant also added the Branch Manager of UCO Bank as OP -2 in her complaint in CA & FBP. The further case of the complainant is that after a continuous approach CA & FBP and request , no positive action has been taken till date either from the end of Postal Department or from the part of UCO Bank/ the aforesaid acts and conducts of the OPs it is crystal clear that there was a great deficiency in service, unfair and illegal trade practice of the OPs and for which the OPs are severally and jointly liable and responsible. The complainant has also stated in her complaint that the cause of action firstly arose on 13.12.2017 when the complainant had given a letter to the Post Master , secondly on 22.05.2018 when an application was submitted to CA & FBP, Siliguri and finally on 28.08.2018 when the complainant did not get any relief from CA & FBP, Siliguri when the complaint of the complainant was dropped by CA & FBP.
In support of the complaint the complainant has files the following documents :-
- Copy of cheque deposit receipt dated 28.03.2014 marked as Annexure “A”.
- Copy of application dated 13.12.2017 marked as Annexure “B”.
- Copy of application dated 22.12.2017 marked as Annexure “C”.
- Copy of application dated 09.04.2018 marked as Annexure “D”.
- Copy of RTI application dated 26.04.2018 marked as Annexure “E”.
- Copy of CA & FBP complaint dated 28.04.2018 marked as Annexure “F”.
Notice was issued from this commission upon the OPs. On receipt of notice the OP no. 1 Post Master, Siliguri head post office, PO & PS- Siliguri dist. Darjeeling did not appear before this commission to contest this case. Accordingly the matter is proceeding against the OP no. 1 on Ex-parte.
On receipt of notice the OP no. 2 appears and files W/V, denied all the material allegation of the complainant and has stated that the complainant has filed this case against the OP no. 2 on some false allegation to harass them. It is also stated by the OP -2 in the W/V that the complainant never deposited any cheque in their bank for encashment bearing Cheque No. 740068 dt. 25.02.2014. The OP no. 2 has also stated that they never disappointed the complainant on the other hand Senior Manager of UCO Bank sent a letter to the Post Master on 09.04.2018 and the present dispute is in between the OP no. 1 and the complainant and the OP-Bank (OP-2) has no role to play in this case. It is also stated that the OP no. 2 is always ready to cooperate the complainant and the OP-Bank has supplied the necessary information to the complainant and they have no negligence in its service. As they have already cooperate the complainant. By filing written version the OP -2 praying for dismissal of this case against them.
In support of the W/V the OP no. 2 files account statement of Utpala Sarkar (complainant).
Having heard the Ld. advocate of the complainant and on perusal of the documents filed on behalf of the complainant the following points are taken which requires to be decided by this commission.
POINTS FOR CONSIDERATION
- Whether the complainant is a consumer as per the provision of C.P. Act. ?
- Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
- Whether there is any cause of action to file this case by the complainant?
- Whether there was deficiency in service on the part of the OPs as alleged by the complainant?
- Is the complainant has able to prove this case and entitled to get any relief as prayed for?
DECISION WITH REASONS
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.
In order to prove the case the complainant has files evidence in the form of an affidavit and also files some documents in support of their case.
At the time of argument Ld. advocate of the complaint submits that to prove the case against the OPs the complainant has filed cheque deposit receipt dt. 28.03.2014 and also files application dated 13.12.2017, 22.12.2017, 09.04.2018, & RTI application dated. 26.04.2018. He has argued that the complainant has also filed a copy of complaint dt. 28.04.2018 which was filed before the CA & FBP. It is also argument of the complainant that the senior Manager of UCO Bank sent a letter being ref. no. UCO/SILBUR/MISC/01/18-19 dt. 09.04.2018 to the OP no. 1 regarding cheque no. 740068 dt. 25.02.2014 disclosing that the sum of Rs. 31,900/-(thirty one thousand nine hundred) only has not been credited in the account of Utpala Sarkar. It is further argued that even on receiving said letter from the end of UCO Bank the OP no. 1 took no initiative for disbursement of maturity amount of the KVP till today though several communications were made in between the complainant and the OP-1 which is nothing but the clear deficiency in service on the part of the OP no. 1 as well unfair, illegal trade practice of the OP -1. Ld. advocate of the complainant praying for necessary direction against the OP-1 so that the complainant could realize the sum of 31,900/-(thirty one thousand nine hundred) only along with interest including compensation as well as litigation cost form the OP no.1.
Ld. advocate of the OP no. 2 during argument submits that the OP -2 is not liable to pay any amount of money to the complainant as there was no deficiency in service on their part and the OP no. 2 to short out complaint of the complainant wrote a letter to the OP no. 1 vide letter no. UCO/SILBUR/MISC/01/18-19 dt. 09.04.2018 to the OP no. 1 and also disclosed the Post Master that no such sum of Rs. 31,900/-(thirty one thousand nine hundred) only had been credited in the account of Utpala Sarkar. He also argued that the OP no. 2 has filed the Bank statement which clearly reflects that no such sum of Rs. 31,900/- had been credited in the account of .
Having heard the Ld advocate of the both the sides and on perusal of the complainant, written version of the Op no.2, evidence of the parties, written notes of argument and other materials in record it is admitted facts that the complainant had purchase a KVP from the OP No-1 . It is also admitted fact that after maturity of that KVP the OP No1 post office issued one cheque in the name of the complainant on 28.03.2014 bearing cheque no.740068 dated 25.02.2014 towards maturity amount of that KVP and the same was deposited in the savings bank account of the complainant on 28.03.2014 . It is also admitted fact by the parties that in the month of November 2017 when the complainant updated her Bank Passbook she came to know that the KVP maturity amount of Rs.31,900/- had not been credited to her UCO bank account . It is also fact that the complainant requested the post master for issuing another cheque for the same amount of Rs.31,900/- but the OP No-1 did not issue a new cheque in favour of the complainant .
From the evidence of the complainant as well as from the WV of the OP No-2 it is also admitted fact that the OP No-1 on 22.12.2017 send a letter to the SBI Mangaldeep branch and OP No- 2 demanding the detailed the clearance statement and credit / debit certificate of the cheque bearing No.740068 dated 25.02.2014 issued by the OP No-1 and the OP No-2 send a letter to the OP No-1 on 09.4.2018 stating that the KVP maturity amount had not been credited to the savings account of the complainant till date. Ld advocate of the complainant by filing this case as well as by filing bank statement issued by the OP No-2 has specifically stated that getting information from the OP No-2 on 09.04.2018 the OP No- 1 neither issued any fresh cheque for the same amount of Rs.31,900/- to the Complainant , nor gave any written reply to the OP No-2 or the complainant. It is admitted fact that the KVP which was purchased by the complainant from the OP No-1 has already been matured. But no cheque for maturity amount of that KVP had been issued in favor of the complainant till today and the same is nothing but the deficiency in service and unfair, illegal trade practice on the part of the OP No-1.
Considering the written deposition, documents filed by the complainant as well as documents of the OP No-2 and other materials in record we are of the view that the complainant has been able to prove the case against the OP No-1.
Hence, it is therefore,
O R D E R E D
That the instant Consumer case being No.8/2019 be and the same is allowed in part on ex-parte against the OP No-1 and dismissed in respect of OP No- 2 on contest.
The OP No- 1 is directed to refund the amount of Rs.31, 900/-(Thirty one thousand Nine Hundred only) to the complainant with interest @7% per annum with effect from 25.02.2014 till making payment of the entire amount.
The OP No-1 is also directed to pay a sum of Rs.20,000/-(Twenty Thousand only) only to the complainant as compensation on account of mental pain , agony and continues harassment.
The OP No- 1 is also directed to pay a sum of rs.10,000/-( Ten thousand only)to the complainant towards litigation cost. The OP No-1 is also directed to pay a sum of Rs.10,000/-(Ten thousand only) to the consumer legal aid account of this commission.
The OP No- 1 is further directed to pay the above stated amount within one month from this day , failing which the complainant will have the liberty to file execution case as per law.
Let a copy of this final order be given to the parties free of cost.
