The brief facts of the complainant case, is that, the complainant past few years residing at Islampur at his brother’s house and the O.Ps are the postal authority and used to render service all over the India and having their sub post office i.e. O.P No. 3 at Islampur. Complainant opened a saving account at Alipurduar and thereafter the account was transferred at Islampur sub post office as he resides there for treatment purpose. The complainant maintains one savings bank account No. 413255 at Islampur sub post office. That on 20/05/2010 when the complainant visited the sub post office of Islampur for checking his savings account statement then O.P No. 3 took his passbook for verification and for updating the statement thereon. The complainant also deposited sum amount for FD account which has already been matured and due to non delivery of the passbook the complainant is debarred from the benefit of the said FD account as such the complainant is subsisting huge monitory loss. The complainant visited the O.P No. 3 for several request both in writing and verbal for returning for his savings passbook but all are in vain. That on 20/02/2019 the complainant has filed another application before the O.P No. 3 for returning from the complainant said passbook but O.P No. 3 pay heed to the request. On 25/08/2020 the complainant lodged a written complaint before the O.P No. 1 against O.P No. 3 for non-returning the savings account passbook but said passbook was not returned. Due to the act of O.P No. 3 the complainant facing the financial loss for withdrawal his deposit amount as matured in FD account. That on 10/09/2020 he has received a letter Assistant Director of postal service that his matter was forwarded Superintendent of post office, Dinajpur Division for take necessary action. But no fruitful result is forthcoming. The complainant thereafter waiting for desire period of time again on 16/02/2022 submitting a written complaint thorough post before O.P No. 1 with regard to non-returning of said passbook that the O.Ps failed to return the same. The complainant sustains mental agony and monitory loss due to whimsical act of the O.Ps as they did not render proper service towards the complainant which is deficiency in service. The complainant has filed his case with a prayer to direct the return of the savings passbook and to direct the entire benefit of the savings account with interest and to pay Rs. 1,00,000/- as compensation for his mental agony and sufferings and also to pay Rs. 30,000/- as litigation cost.
The O.Ps have contested this case by filing written version where he has denied all the material allegations made by the complainant. The O.Ps stated that there is no prove that the complainant has deposited savings passbook. The passbook generally collect by post office for updating interest and where any discrepancy is found and request verification of post office record however in such case where a passbook needed to custody of the post office a proper receive was given to the customer containing in the initial sing and seal of the postmaster but did not submit any such documents. O.Ps further state that if the customer visited the post office in due times his matured amount of FD is handed over to him by cheque. The O.Ps denied entire claim of the complainant.
Upon pleading of the parties the following issues are frame.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(7)(ii) of Consumer Protection Act, 2019 ?
- Has this Commission jurisdiction to try the instant case?
- Is there any deficiency in service on the part of the O.Ps?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all these points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
Point Nos. 1 & 2:- It is an admitted position that the complainant has a savings account with the post office of O.P No. 3 being Account No. 413255 and he has two MIS jointly with his wife in the said post office of O.P No. 3 being Account No. 24986 and 25434 subsequently both the MIS account number was renumber as 5321327649 and 5321371855 respectively. So accordingly the complainant is the consumer as per C.P. Act as he has made transactions with the post office time to time. The complainant resides within the jurisdiction of this Commission and according to C.P. Act, 2019 this Commission has the jurisdiction to try the same.
Point No. 3 & 4: The complainant is a senior citizen having his savings account jointly with his wife with the O.P No. 3 and he has two MIS also with his wife in the said office of O.P No. 3. The allegation is that on 20/05/2010 he went to the post office of O.P No. 3 to verify his savings account statement and the dealing assistance of O.P No. 3 took his passbook for verification and updating the statement. But the said passbook was not delivered to the complainant after verification. Complainant on several times visited the office of the O.P No. 3 but no fruitful result was come out. Then he made a complaint to the O.P No. 2 and also O.P No. 1 but there from no result was come out. The complainant had two MIS which were already matured but due to the non availability of savings passbook the said matured amount along with interest was not deposited in his account. The O.Ps stated that when the passbook was taken by the department a receipt was issued but the complainant and the complainant did not submit the said receipt to the post office to return of the passbook. But we find from the case record that during pendency of the case the O.P No. 3 issued a duplicate passbook of savings account to the complainant which means that the statement made by the O.Ps regarding deposit of the savings passbook is not correct. In this matter we find that since 2010 to till 14/03/2023 the O.P No. 3 harassed a senior citizen that is the complainant who is residing far away from the office of O.P No. 3. There is a definitely a deficiency in service from the part of the concern dealing assistant of the O.P No. 3.
The further allegation is that the two MIS of the complainant was matured but he did not get the matured amount as well as the interest due to non availability of the passbook. During trial from the side of the O.Ps two account statement regarding details of interest of two MIS of the complainant are filed from which it appears that in Account No. 5321327649 and interest accrued Rs. 37,800/- and in Account No. 5321371855 the interest accrued Rs. 28,980/- but both this interest amount has not been deposited in the savings account of the complainant. Very curious enough we find from a letter dated 09/05/2023 issued by O.P No. 2 to one Dulal Ch. Paul who is the brother of the complainant from which it reveals that the entire interest amount of both the MIS have been deposited in the account of Dulal Ch. Paul not in the account of the complainant and the O.P No. 2 asked Dulal Ch. Paul to return the said interest amount. The complainant stated the post office told him that the interest will be deposited in his account after recovery from Dulal Ch. Paul the documents filed by the O.Ps clearly indicates that there is a negligence from the part of the O.P No. 3 for which the interest amount was deposited in another account not in the account of the complainant. This is a great deficiency in service occurred by the dealing assistance of O.P No. 3. During argument O.Ps are totally silent regarding this matter. The complainant is entitled to get back all the interest of his two MIS from O.P No. 3 and he is also entitled to get compensation for his harassment and metal agony as he is a senior citizen. We find that the post master as well as the dealing assistance if the O.P No. 3 is responsible for this negligence act and the said compensation amount be realized from their salary . O.P No. 1 is directed to take steps in this matter and released the compensation amount from the said post master as well as the dealing assistance who was posted at the relevant time and deal with the matter. The interest amount shall be paid to the complainant immediately by O.P No. 3 there is no scope to pay the interest amount after realization from Dulal Ch. Paul. The realization purpose done by post office from the account of Dulal Ch. Paul is a separate matter.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is allowed on contest against the O.Ps. The complainant do get an award amounting to Rs. 66,780/-/- ( Sixty Six Thousands Seven Hundred Eighty ) which is the interest of two MIS along with interest of 7% Per Annum over the said interest amount from the date of maturity of MIS till the realization of the amount. The complainant is also do get an award amounting to Rs. 80,000/- (Eighty Thousands) as compensation for his harassment, mental agony and sufferings; total decreetal amount of Rs. 146,780/-( One Lakh Forty-Six Thousands Seven Hundred Eighty) excluding interest. The O.P No. 3 is directed to pay the said award amount and he is hereby directed to comply this order within 30 days from this day, failing which legal action will be taken against him. O.P Nos. 1 and 2 is hereby directed to realize the said compensation amount of Rs. 80,000/- from the then post master as well as the dealing assistance of O.P No. 3 from their salary or otherwise who deal the case of the complainant at that time negligently and transferred interest amount of the complainant to the account of another person. The O.P No. 3 is also directed to return the principal amount of two MIS to the complainant if it is not yet return to him, within this period. The complainant is not entitled to get any litigation cost as because Legal Aid help was given to him from this office to conduct this case.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
