BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                   Complaint No.: 154 of 2017.

                                                                   Date of Institution: 27.10.2017.

                                                                   Date of Decision:  17.05.2019.

Karmvir Singh son of Dharam Singh Saini, resident of Hrouse No. 23, Street No. 3, New Bharat Nagar, back side of Radha Swami Bhawan, Bhiwani, Tehsil and District Bhiwani (Haryana).

..….Complainant.

                                      Versus

1.       The Superintendent, Main Post Office, Ghanta Ghar, Bhiwani.

2.       The Sub Post Master, Naval Airport 1-N. S. Dabolim, Goa-403801.

3.       Director General, Post Office, Dak Bhawan, New Delhi.

…...Opposite Parties.

                   COMPLAINT UNDER SECTIONS 12 AND 13 OF

                   THE CONSUMER PROTECTION ACT, 1986.

Before: -      Hon’ble Mr. Manjit Singh Naryal, President.

                   Hon’ble Mr. Parmod Kumar, Member.

                   Hon’ble Mrs. Saroj Bala Bohra, Member.

Present:       Shri Narender Kr. Vats, Advocate for the complainant.

Shri Manoj Kumar, Representative for the OPs.

ORDER:-

PER MANJIT SINGH NARYAL, PRESIDENT

                   Brief facts of the care are that when the complainant was posted at INS HANSA NAVAL AIRPORT GOA, he has opened saving account bearing No.1808884717 in office of OP No. 2, in which interest accrued on other accounts used to be deposited every month.  It is alleged that on 26.6.2015 the complainant was transferred at Air Force Station Sirsa (Haryana) and he had transferred his said account at Bhiwani (Haryana).  It is further alleged that on 21.7.2015 the complainant had withdraw Rs.3600/- from his account.  It is further alleged that on 26.9.2016 the complainant went to the Post Office i.e. OP No. 1 for making entry in the pass book and then he came to know that his account balance was Rs.3745/- whereas it should have been Rs.4745/-.  It is further alleged that the complainant after enquiry came to know that his account had been debited by Rs.1000/- on 18.11.2015 whereas he never withdrawn the said amount.  It is further alleged that No ACT & cheque book has been got issued by the complainant from the OPs.  It is further alleged that the complainant had tried pillar to post to trace about the withdrawal of Rs.1000/- from his account on 18.11.2015, but in vain.  It is further alleged that the complainant has requested to OP No. 1 many times to find out the truth of withdrawal in question and also moved an application to OP No. 3 on 27.2.2017, but to no effect.  It is further alleged that the complainant had also severed a legal notice upon the OPs on 5.4.2017 through his counsel Shri Narender Kumar Vats, Advocate, Bhiwani to settle the claim, but a false reply of the Senior Superintendent of Post Office Goa Division, Mapaus 403507 and Superintendent of post office Mumabi North-East Division Bhandup East Mumbai 400042 was received.  Thus, there is deficiency in service on the part of OP.  Hence, the present complaint.

2.                On appearance, the OPs filed written statement alleging therein that the complainant has opened SB account No.2695 and another MIS account No.62134 on 20.8.2013 in the office of OP No. 2, which were merged into CBS platform later on along with another account and new CBS 10 digit account number were allotted 1808884717 & 1808887398.  It is further alleged that the complainant came to post office Bhiwani for up-dation of his passbook and it was noticed by him that a withdrawal of Rs.1000/- dated 18.11.2015 was shown in his passbook, but the same was not done by him and submitted an application regarding inquiry about his account through CM Window and the matter was inquired and complainant was informed vide letter No.CR/CM window/2017-18/Bhiwani dated 13.9.2017.  It is further alleged that the case was forwarded to SSPO’s Mumbai North East Division Bhandup (E) Mumbai for further inquiry and matter was inquired deeply and informed to this office vide his letter No.NE/CR-III/DCDRF/K. Singh/Bhiwani Dn./2017-18 dated at Mumbai 29.1.2018.  It is further alleged that during inquiry it was found that Karamveer Singh has also a saving account No. 2698 at the office of OP No. 2, while the account were migrated in CBS, the account No. was noted on passbook of Shri Karamveer Singh 1801884717 instead of his actual account No.1808884748 inadvertently.  It is further alleged that complainant made withdrawal of Rs.1000/- on 18.11.2015 from account No.1808884717 instead of account No. 1808884748.  It is further alleged that Shri Karamveer Singh made a withdrawal of Rs.81003 from his account No. 1808886360 and from his MIS account No.1808887428 Rs. 2,40,530/- alongwith Rs.1000/- from account No.1808884717 and cheque was issued in favour of Shri Karamveer Singh on 18.11.2015 having amount of Rs.3,22,533/-.  It is further alleged that as per report of SSPO’s Mumbai North East Bhandup Dn. said Shri Karamveer Singh was contacted on his contact No.099975607854 and he was ready to pay Rs.1000/- which was paid to him inadvertently.  It is further alleged that the whole story of the case resolves around the account No.2698, which was noted on the passbook new CBS account No.1808884717 instead of 1808887428 inadvertently.    Hence, in view of the above facts, there is no deficiency in service on the part of the OPs and as such, the complaint of the complainant is liable to be dismissed with costs.

3.                Ld. Counsel for the complainant has placed on record the documents Annexure C1 to C7 in evidence and closed the evidence.

4.                The OPs have placed on record documents annexure R-I to R-VIII in the evidence of the OPs. 

5.                We have heard both the parties at length and have gone through the case file carefully.

6.                Ld. counsel for the complainant reiterated the contents of the complaint.  Ld. counsel for the complainant has argued that the amount of Rs. 1000/- has been wrongly debited in the account of the complainant, whereas the complainant has never withdrawn the said amount.

7.                The representative for the OPs reiterated the contents of the written statement.  He further argued that the amount of Rs.1000/- has been debited to the account of the complainant due to mentioning of wrong account No. on the passbook inadvertently.

8.                After hearing learned counsel for both the parties and having gone through the material available on record, we are of the considered view that the complaint of the complainant deserves acceptance, as there is clear cut deficiency in service on the part of the OPs.  It is admitted fact by both the parties that the amount of Rs.1000/- has been wrongly debited to the account of the complainant.  The OPs have also admitted this fact in their written statement that the amount of Rs.1000/- has been wrongly debited to the account of the complainant.  The complainant has fully proved his case by placing on record the copies of certain documents Annexure C1 to C7.  Moreover, the OPs have also admitted the claim of the complainant to the effect that the amount of Rs.1000/- has been wrongly debited to his account.  The only plea taken by the OPs is that the mistake occurs inadvertently.  This plea of the OPs is not tenable at all, because they have failed to rectify the mistake after lapse of long time after mistake came to their knowledge. 

9.                Moreover, the OPs have deliberately and with malafide intention does not settle the claim of the complainant in time despite several visits & requests made by the complainant and harassed him without any reason.  So in our view the complainant is also entitled for compensation on account of mental and physical harassment & punitive damages for deficiency in service & mal trade practice on the part of the OPs.  Therefore, in view of the facts & circumstances mentioned above, complaint is partly allowed and the OPs are directed:-

i)        To refund sum of Rs.1000/- (One thousand only) wrongly debited to the account of complainant along with interest @ 9% p.a. from the date of filing of complaint till its final realization.

ii)       To pay Rs.5000/- (Five thousand only) as compensation on account of mental agony, harassment & hardship, due to deficiency in service on the part of OPs as well as litigation charges.

          The compliance of order shall be made within 30 days from the date of the order.  Certified copies of the order be sent to parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: - 17.05.2019.               

(Saroj Bala Bohra)                    (Parmod Kumar)        (Manjit Singh Naryal)

Member.                        Member.                         President,

                                                                      District Consumer Disputes

                                                                     Redressal Forum, Bhiwani.