Punjab

Ludhiana

CC/20/128

Mamta Singla - Complainant(s)

Versus

Post Office - Opp.Party(s)

G.S.Kalyan Adv.

12 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 128 dated 07.08.2020.                                                        Date of decision: 12.10.2022.

 

Mamta Singla wife of Sh. Davinder Singla, Resident of House No.11896, Street No.4, Near Sangeet Cinema, SAS Nagar, Miller Ganj, Ludhiana-141003 now at House No.7664/12, Street No.15, New Guru Angad Dev Colony, Near Kamal Diary, Ludhiana.

                                                                                      ..…Complainant 

•  

1. Post Office, Near Manju Cinema, Miller Ganj, Ludhiana through its Post Office Incharge.
2. General Post Office, Near Bharat Nagar, Chowk, Ferozepur Road, Ludhiana through Senior Superintendent of Post.                                                                                                                    …..Opposite parties 

Complaint under Section 35 of the Consumer Protection Act,      2019.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. G.S. Kalyan, Advocate.

For OPs                          :         Sh. Rakesh Kumar Gupta, Advocate.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that she purchased Kisan Vikas Patra in the year 2011 vide account No.5504506168, 5504507241, 5504507564, 5504506182 and 5504507281. The complainant visited  the office of the OPs in the month of March 2020 and deposited all the original Kisan Vikas Patra with OP1 through Clerk Ms. Emy Arora. The said official told the complainant to wait for few days for payment. Thereafter, lockdown was imposed by the Government due to Covid and the complainant was not able to visit the office of OP1 for collection of payment. After the lockdown/curfew was relaxed, the complainant again contacted OP1 for payment of the Kisan Vikas Patra but she was told that the Kisan Vikas Patra were not traceable and asked the complainant to wait for few more days. After sometimes, when the complainant again visited the OPs, she was told to file a written request regarding the loss of Kisan Vikas Patra. Accordingly, the complainant filed a written request on 06.07.2020 with the OPs. However, despite that the OPS flatly refused to pay any amount to the complainant against the Kisan Vikas Patra saying that the complainant had already received the said amount. In fact, the complainant never received any amount from the OPs regarding Kisan Vikas Patra nor she signed any documents. The OPs further failed to show any payment received by the complainant. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to pay the maturity value of Rs.30,000/- to the complainant along with interest @12% per annum and further the OPs be made to pay a sum of Rs.1,00,000/- as compensation and Rs.22,000/- as litigation expenses to the complainant.

2.                The complaint has been resisted by OPs. In the written statement filed on behalf of the OPs it has been, inter alia, pleaded that the complaint is not maintainable and is also bad for non-joinder of necessary parties as Union of India and Senior Superintendent of Post Office, City Division, Ludhiana has not been impleaded as party in this case. According to the OPs, OP1 is Higher Selection Grade Post Office which can issue cheque for payment and there is never any shortage of funds with OP1. The cash payments are made immediately and there is no question of keeping cash payments pending. The OPs have further pleaded that a daily journal is prepared by the concerned post office in respect of discharge of Kisan Vikas Patra, copy of which is Annexure-4 and 5. A copy of cheque by making an entry in the cheque delivery register was received by Davinder Singla, husband of the complainant and nominee in the account. The OPs have further pleaded that Kisan Vikas Patra of Rs.5,000/- each were got encashed in the month of May 2019. As per record of the OPs, the Kisan Vikas Patras were duly discharged by the complainant by putting her signatures on the receipt on discharge and payment was made to her on 31.05.2019 vide cheque No.037601 dated 31.05.2019 for Rs.20,196/-. The cheque was duly received by Davinder Singh, husband of the complainant after signing the cheque payment register. The maturity amount of each Kisan Vikas Patras was for Rs.10,098/- and Rs.20,196/- was made through single cheque mentioned above. The payment of Kisan Vikas Patras of Rs.1000/- each was made on 16.03.2020 in cash. The payments were made on the presentation/surrender of the original Kisan Vikas Patras duly discharged by the complainant. Thus, nothing remains to be paid to the complainant and there is no question of keeping cash payment pending nor any official of the OPs can do so. The cheque handed over to the husband of the complainant was presented through State Bank of India on 10.06.2019 through clearing from Punjab National Bank account of Mamta Singla wife of Davinder Singla and an amount of Rs.20,196/- was debited to the account of Central Government. The other allegations made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

3.                In evidence, the complainant submitted her affidavit Ex. CA along with documents Ex. C1 to Ex. C5 and closed the evidence.

4.                On the other hand, the counsel for the OPs tendered affidavit Ex. RA of Sh. Sandeep Kumar Shorie, Superintendent of Post Offices Ludhiana City Division, Ludhiana along with document Ex. OP1 to Ex. OP14 and closed the evidence.

5.                We have heard arguments advanced by the counsel for the parties and gone through the record.

6.                By way of this complaint, the complainant is seeking recovery of maturity amounts of KVPs, copies of which have been placed on record by the OPs as Ex. R7 to Ex. R13, total amounts of which is claims to be Rs.30,000/-. The complainant has claimed that the maturity amount was not paid to her and an employee of the OPs obtained the original Kisan Vikas Patras from the complainant in the month of March 2020 and later on, she was told that the original Kisan Vikas Patras had been misplaced and were not traceable and eventually the OPs refused to pay the maturity amount. However, in this regard, the OPs have claimed in para No.3 of the written statement on merits that the complainant submitted Kisan Vikas Patras of Rs.5,000/- each and got the same encashed in May 2019 and the payment was made to the complainant on 31.05.2019 vide cheque No.037601 for a sum of Rs.20,196/-. The cheque was received by her husband Davinder Singla. Apart from that, the maturity amount of remaining Kisan Vikas Patras of Rs.10,098/- was made in cash on 16.03.2020 after the original Kisan Vikas Patras were duly discharged by the complainant. This part of the written statement has not been controverted by the complainant as the complainant did not prefer to file any replication or rejoinder. It is well settled that if a fact is not controverted, the same is deemed to have been accepted as correct by the other party. Apart from that, the OPs have further placed on record Ex. R14 which shows that the maturity amount of Rs.20,196/- was duly credited in the account of the complainant by way of clearing of cheque No.037601 issued by the OPs. Therefore, the maturity amount of Rs.20,196/- of the Kisan Vikas Patras stands duly proved on record and it has been wrongfully claimed by the complainant that the maturity amount of Kisan Vikas Patras was not paid to her. As regards the remaining Kisan Vikas Patras, it is evident from Ex. R7 and Ex. R8 that the complainant further received an amount of Rs.10,098/- under her signatures. Even otherwise, if the amount of Rs.20,196/- is proved to have been paid to the complainant, the complaint is liable to be dismissed on the basis of maxim falsus in uno, falsus in omnibus. In these circumstances, it has to be held that the complainant has miserably failed to prove that she has not been paid the maturity amount of Kisan Vikas Patras in question.

7.                As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:12.10.2022.

Gobind Ram.

Mamta Singla Vs Post Office                                 CC/20/128

Present:       Sh. G.S. Kalyan, Advocate for complainant.

                   Sh. Rakesh Kumar Gupta, Advocate for OPs.

 

                   Arguments heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:12.10.2022.

Gobind Ram.