BEOFRE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

CONSUMER COMPLAINT NO. 298 of 2015

DATE OF INSTITUTION: - 26.10.2015

DATE OF ORDER: - 06.04.2017      

Smt. Kalawati aged 50 years widow of Rajender, resident of village Nigana Kalan, PO Dhani Mahu, Tehsil Tosham, District Bhiwani.

           ……………Complainant.

VERSUS

1. Sub Post Master, Post Office, Dhani Mahu, Tehsil Tosham, District Bhiwani.

1. Post Master, Post Office, Tosham, District Bhiwani.

1. Superintendent, Post Office, Bhiwani.

………….. Opposite Parties.

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT

BEFORE :-    Shri Rajesh Jindal, President

                   Mrs. Sudesh, Member

Mr. Parmod Kumar, Member

Present:-  Sh. Balbir Singh, Advocate for complainant.

     None for Ops.

ORDER:-

Rajesh Jindal, President:

                   The case of the complainant in brief, is that the complainant is having account No. 3107380 in the Post Office Dhani Mahu, Tehsil Tosham, District Bhiwani.  It is alleged that the client of the complainant intended to withdraw Rs. 10,000/- from the said account and the OP no. 1 had kept the pass book for the payment of the said amount for a period of two months.  It is alleged that on 14.10.2015 the complainant went to the collect the amount of the pass book but addressee No. 1 returned the copy of the pass book with the remarks that she has no balance amount in her account.  The complainant had asked the Ops many a times to pay the amount of Rs. 10,000/- but they went on putting off the matter. The complainant further alleged that due to the act and conduct of the opposite parties, she had to suffer mental agony, humiliation and harassment. Hence, it amounts to deficiency in service on the part of OPs and as such she had to file the present complaint.

2.                 Opposite parties on appearance filed written statement alleging therein that the complainant has not come to this Forum with clean hands  It is submitted that account no. 3107380 tendered by the complainant the balance amount has been shown as Rs. 10100/- whereas the actual balance in the ledger of this account is Rs. 120/-.  Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of respondents and complaint of the complainant is liable to be dismissed with costs.

3.                In order to make out her case, the complainant has tendered into evidence documents Annexure C-1 to Annexure C-6 alongwith supporting affidavit.

4.                We have gone through the record of the case carefully and have heard the counsel for the complainant.

5.                  Learned counsel for the complainant reiterated the contents of the complaint.  He submitted that as per the pass book pages Annexure C-2 to Annexure C-4 there is a balance of Rs. 10,100/- in the saving bank account of the complainant with OP no. 1.  The OP no. 1 has refused to pay the said amount to the complainant.  The OP no. 1 is liable to pay the said amount to the complainant.

6.                The OP has contended that as per the statement of account placed on the file by the OP a balance of Rs. 120/- is standing in the saving bank account of the complainant.  The complainant never lodged any complaint regarding her claim.

7.                From the perusal of the photo copy of the pass book produced by the complainant it is showing a balance of Rs. 10,100/- as on 29.10.2014.  The stamp of post office dated 29.10.2014 is also visible.  Why there is discrepancy in the amount because the copy of ledger placed by the OP on the file is showing a balance of Rs. 120/-.  The OP could not give any reasonable justification for the different entries of the same account, one in the ledger book of the OP and other in the pass book of the complainant.  In the absence of any sufficient explanation on behalf of the OP, the entries in the pass book of account holder are prima facie correct.  In these circumstances of the case, we hold that Ops are liable to pay Rs. 10,100/- to the complainant.  Resultantly, we allow the complaint of the complainant against the Ops.  The Ops shall be liable to pay the said amount of Rs. 10,100/- to the complainant as and when the complainant approach to the Ops for the payment of the amount as per the rules of the saving bank account.  No order as to costs. Certified copies of the order be sent to both the parties, free of costs and file be consigned to the record room.

Announced in open Forum.

Dated: 06.04.2017.                                            (Rajesh Jindal)

                                                                             President,   

                                                                   District Consumer Disputes

                                                                   Redressal Forum, Bhiwani.

         (Parmod Kumar)           (Sudesh)         

               Member.               Member