Date of Filing:13.11.2008<br /> Date of Order:12.02.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 12TH DAY OF FEBRUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2446 OF 2008<br /> <br /> <br /> V. Savitri<br /> W/o. V. Muniraju<br /> R/at No. 141, E/81<br /> 17th Main, Vijayanagar<br /> Bangalore 560 040 Complainant<br /> V/S<br /> 1. Principal Chief Post Master General<br /> Karnataka Circle<br /> Department of Post<br /> Bangalore 560 216<br /> <br /> 2. Senior Superintendent of Post Offices<br /> Bangalore West Division<br /> Bangalore 560 010<br /> <br /> 3. The Post Master<br /> Vijayanagar Post Office<br /> Vijayanagar<br /> Bangalore 560 040 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act 1986 seeking direction to the opposite parties to pay Rs. 30,000/- bonus of MIS A/c and compensation. <br /> The facts of the case are that the complainant opened Monthly Income Scheme Account with the 3rd opposite party by paying cheque of Rs. 3,00,000/- dated 07.02.2006. The 3rd opposite party issued pass book bearing MIS A/c No. 229245 on 13.02.2006. The complainant is getting monthly interest of Rs. 2,000/-. The complainant is eligible for getting bonus amount of Rs. 30,000/- after maturity of MIS. As per pass book entry of the complainant the amount was debited on 11.02.2006. The complainant was particularly to get bonus invested Rs. 3,00,000/- before the due date and she knows scheme will be closed on 13.02.2006 as per press reports. The complainant approached opposite parties in respect of getting bonus benefit. The complainant is not getting any communication / reply from the opposite parties till today. Hence, the complaint. <br /> 2. Notice issued to opposite parties. Notice served. The opposite parties appeared through advocate and defence version filed admitting that the complainant has deposited Rs. 3,00,000/- through cheque on 06.02.2006. It is submitted by the opposite parties that drawee bank has cleared the cheque on 11.02.2006 but the clearing bank State Bank of Mysore has given credit only on 13.02.2006. The scheme of 10% Bonus has been withdrawn with effect from 13.02.2006 in view of Government Order. The amount credited to the accounts of the department on or after 13.02.2006 is not eligible for getting the Bonus. The MIS account of the complainant has been opened on 13.02.2006 and by that time the facility has been withdrawn by the Government and hence, the complainant is not eligible for the bonus. Opposite parties further submits that after receipt of the said complaint from the complainant the same was acknowledged and detailed report stating the facts were sent to higher authorities after studying the case and obtaining the necessary documents, further communication is awaited for final reply to the complainant. There is no scope for deviation from the unambiguous provisions of the MIS Rules. Hence, prayed to dismiss the complaint.<br /> 3. Arguments are heard.<br /> 4. It is admitted case of the parties that the complainant deposited sum of Rs. 3,00,000/- on 07.02.2006. The complainant submitted that she is eligible for getting bonus amount of Rs. 30,000/- after maturity of MIS. This benefit is not applicable to account holders who have entered the scheme on or after 13.02.2006 as per the Government Notification. The complainant submitted that delay in opening account before 13.02.2006 is not the fault of the complainant. Therefore, the complainant is entitled to get bonus. It appears that complainant had also approached Banking Ombudsman and the said Banking Ombudsman stated since the complainant is account holder at post office and the benefit of bonus was to be offered by post office the matter needs to be examined and resolved by the post office and requested the complainant to take up the matter with the Customer Service Redressal Forum of the postal authorities. According to the policy bonus would not be paid on the deposits made in accounts opened on or after February 13, 2006. Deposits in accounts opened before February 13, 2006 shall continued to be eligible for bonus. The question of complainant’s eligibility for bonus or not now cannot be decided because the deposit has not at all matured. Admittedly, the complainant is eligible for getting bonus after maturity of the deposits. The opposite parties never refused payment of bonus amount and the question of refusal by the opposite parties at this stage also does not arise. The disputed point deserves to be decided on merits only after the maturity of the deposits. If the complainant gets bonus amount after maturity of the deposits as per the POMIA Scheme it is well and good. For any reasons if the opposite parties refuse or deny the benefit of bonus to the complainant, the complainant will get cause of action on the date of said refusal and she will be at liberty to agitate the matter before the Consumer Forum or before the Customer Service Redressal Forum of the postal authorities. The present complaint filed by the complainant is pre-mature one. At present no cause of action has arisen to the complainant to file the complaint against the opposite parties. The complainant has to wait till the deposit amount matures and hope that the opposite parties may give bonus amount under the scheme. In case the complainant does not get required bonus amount she will be always at liberty to get her redressal and dispute settled through Consumer Forum. Therefore, by giving liberty to the complainant to file fresh complaint if need be after maturity of the deposits the present complaint deserves to be dismissed, since it is pre-mature one. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The Complaint is dismissed as it is pre-mature one. Parties to bear their own costs.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 12TH DAY OF FEBRUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />