Date of filing: 25.02.2016 Date of disposal: 10.01.2017
Complainant: Debasis Goswami, S/o. Late Radhagobinda Goswami, resident of Rani Sayer North, PO., PS. & District: Burdwan, PIN – 713 101.
-V E R S U S-
Opposite Party: 1. Rani Sayer Sub-Post Office, represented by its Sub-Post Master, having its office at Rani Sayer North, PO., PS. & District: Burdwan, PIN – 713 101.
2. Burdwan Postal Division, represented by its Senior Superintendent of Post Offices, having its office at East side of Telephone Bhawan, near Curzon Gate, PO. PS. & District: Burdwan, PIN – 713 101.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1: None.
Appeared for the Opposite Party No. 2: Ld. Advocate, Murari Mohan Kumar.
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service, as well as, unfair trade practice against the Ops as the Ops did not pay the maturity amount along with interest and bonus in respect of two MIS accounts.
The brief fact of the case of the complainant is that he deposited his money in two MIS accounts before the OP-1 being account nos. 342073 & 343782. The first MIS account was opened on 22.11.2004 for six consecutive years and the maturity date of the said account was 22.11.2010. The second MIS account was opened on 03.6.2009 for six consecutive years. In respect of the first MIS account the complainant deposited a sum of Rs. 50,000=00 and in the second account Rs. 60,000=00 was deposited. The maturity account was mentioned as Rs. 67,800=00 (principal amount + bonus + interest @400 per month). The maturity amount of the first MIS account is for Rs. 55,999=00 (principal amount + bonus + interest @333 per month). The first MIS account bearing no. 342073 got its maturity on 22.11.2010 and the OP-1 accordingly issued one cheque bearing no. 575558 dated 25.11.2010 amounting to Rs. 55,000=00 in his favour on 26.11.2010. Upon receipt of the said cheque complainant came to know that the Ops paid him Rs. 55,000=00 by deducting three installments @Rs. 333 i.e. Rs. 999=00 from his maturity amount. On the other hand, another account bearing no. 343782 got its maturity on 03.6.2015. After maturity date the complainant contact with the Op-1 requesting for issuing cheque of the maturity amount in his favour, but the OP-1 did not pay any heed to his request. As and when the complainant went to the office o f the O-1 for bringing the said cheque then the OP-1 neither handed over the cheque on the ground that the small token issued by them on 30.5.2015 was not with the complainant nor do they pay any heed to the request of the complainant. Having no other alternative he submitted a written representation before the OP-1 on 17.6.2015 requesting them for issuance of the cheque, but the OP-1 kept itself silent over the matter. Thereafter the complainant knocked the door of the Consumer Affairs Department, Burdwan and also approached Ministry of Communication & IT, Department of Post, New Delhi and West Bengal Postal Circle, Kolkata by sending written representation. The complainant got reply from South Bengal Postal Region, Kolkata that the matter has been referred to Burdwan Postal Division for solving the dispute. The Consumer Affairs Department also sent a notice to the Ops but till filing of this complaint he did not get any relief. As the complainant’s allegation have not been redressed he sent a legal notice to the OP-1 on 06.10.2015 and upon receipt of the said notice the Ops sent a reply to the complainant, as well as, his ld. Counsel on 20.10.2015 stating that a cheque amounting to Rs. 63,400=00 in respect of matured MIS account bearing no. 343782 is ready for delivery to him. From the said letter the complainant came to learn that the OP wanted to deliver a cheque amounting to Rs. 63,400=00 instead of Rs. 67,800=00. In this context it is important that the complainant did not get any amount as interest @400/- per month for last 11 months in respect of the second MIS account. The Ops sent another letter to the complainant, as well as, his ld. Counsel again on 18.12.2015 stating the same facts as stated by them in the earlier letter dated 20.10.2015. In those letters the Ops did not state anything about the remaining amount of Rs. 999=00 and Rs. 4,400=00 in respect of the two MIS accounts. As the Ops have already deprived him by not paying a sum of Rs. 999=00 in respect of the first MIS account i.e. Rs. 333X3 months and in respect of the second MIS account the Ops have deducted a sum of Rs. 4,400=00 i.e. Rs. 400X11 months, hence having no alternative the complainant has approached before this ld. Forum by filing this complaint praying for direction upon the Ops to make payment a sum of Rs. 5,399=00 in total in his favour i.e. Rs. 4400=00 + Rs. 999=00 by holding them liable for deficiency in service, as well as, unfair trade practice, to pay a sum of Rs. 20,000=00 towards compensation due to mental pain, agony and harassment suffered by him and litigation cost of Rs. 20,000=00 to him.
The petition of complaint has been contested by the OP-2 by filing written version contending that the first deposit in the MIS account no. 342073 and the second MIS account no. 343782 are two different transactions on different dates. Therefore, the two transactions cannot be clubbed together for adjudication of the present claim apparently. The claim in respect of the first MIS, which was matured on 22.11.2010, the Ops have settled the said claim by issuing cheque bearing no. 575558 dated 25.11.2010, therefore, the complaint-allegation in respect of the first claim is time barred in view of the
Section 24A of the C.P. Act, 1986. The first MIS account was opened by the complainant on 22.11.2004 and the same was closed and got its maturity as per terms and the conditions of the MIS scheme. In the first account an amount of Rs. 50,000=00 was deposited. As per terms of the scheme bonus on the principal amount was @10%. Accordingly a sum of Rs. 50,000 + bonus of Rs. 5,000=00 became payable to the depositor and on 22.11.2010 by issuing a cheque the said amount was duly paid to the complainant. The additional amount as alleged and claimed by the complainant to the tune of Rs. 999=00 is fanciful, baseless and for making unlawful gain. The OP-2 has submitted that in respect of the claim of the second MIS account Rs. 60,000=00 was deposited by the complainant on 03.6.2009 and the terms and the conditions of the second MIS was also as earlier. In the second MIS account the percentage bonus of was @5% on the principal amount. It was appeared that an amount of Rs. 400=00 towards interest of the principal amount was not paid to the complainant due to inadvertence or the complainant did not withdraw the interest component before maturity of the MIS account. Therefore, in respect of the second MIS account the complainant is entitled to get Rs. 60,000=00 towards principal amount + bonus for Rs. 3000=00 and one interest component for Rs. 400=00 i.e. Rs. 63,400=00 is payable to the complainant and accordingly the Ops have prepared a cheque for the said amount but as the complainant did not turn up to receive the same, the same is lying with these Ops and in this respect due information was given to the complainant to receive the same. Therefore, the allegations as levelled against these Ops are false and untrue. As the complainant did not receive the cheque the validity period has been expired and finally after revalidation, the cheque was paid to the complainant. Thus the complainant cannot take advantage of his own wrong. Be it mentioned that before closure of the MIS account the complainant has to submit closure form being no. SB 7A as per the Postal Act. Accordingly as there is no merit in the complaint, the same is liable to be dismissed with cost.
The complainant has adduced evidence on affidavit along with several documents in support of his contention. It is evident from the record that inspite of receipt of notice from this ld. Forum the OP-1 chose not to appear to contest the complaint. Therefore, the complaint is running ex parte against the OP-1. For production of some documents i.e. pass books of the MIS accounts bearing no. 342073 & 343782, the complainant has made an application and after allowing the said application the OP-2 had produced the required MIS pass books before this ld. Forum along with a forwarding letter.
We have carefully perused the entire record, papers and documents as submitted by the complainant and the OP-2; the two MIS pass books and heard argument advanced by the ld. Counsel for the complainant and the Op-2 at length. It is seen by us that admittedly the complainant opened two MIS accounts bearing no. 342073 & 343782 on 22.11.2004 and on 03.6.2009 accordingly, two MIS accounts got maturity after six years from the date of deposit of the amount as per the terms and the conditions, the bonus rate in respect of the first account was @10% and 5% in respect of the second account, the complainant was entitled to get interest @Rs. 333/- per month is respect of the first MIS account and Rs. 400/- in respect of the second MIS account, it was scheduled and settled that the complainant as per his convenience will withdraw the interest component from the concerned Post Office, pass books denote that the complainant either has withdrawn interest component on every month or clubbing together of two to three months at a time, in respect of the first MIS account the complainant was entitled to get principal amount Rs. 50,000=00 + bonus Rs. 5,000=00 (10%) and interest component if remained and in respect of the second MIS account the complainant is entitled to get principal amount of Rs. 60,000=00 + bonus Rs. 3000 (@5%) and interest, if any.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
