PER:

Charanjit Singh, President

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite parties on the allegations that the complainant is an advocate and is practicing at Patti as well as Tarn Taran and is a law abiding citizen and has good reputation in the town and surrounding area. The complainant has opened 15 years PPF account with the opposite party No. 3 at Patti bearing account No. 850107 and Pan Number of complainant is ABSPK3874D. The complainant has successfully contributed to his 15 years PPF account with opposite party No. 3 which has matured on 31.3.2021. The complainant alongwith his clerk Sh. Dhanwant Singh has visited the opposite party No. 3 several times and requested the opposite party No. 3 to release the matured PPF amount to the complainant but the opposite party No. 3 told the complainant that some previous interest is to be posted in complainant’s PPF account online and for this purpose, he has intimated the opposite parties No. 1, 2. But inspite of numerous visits, the opposite parties have not released Rs. 24,39,607/- i.e. matured PPF amount to the complainant for which the opposite parties have no right to do so. Had this amount been released to the complainant and complainant must have invested it in the shape of FDR which fetched interest of Rs. 16,000/- per month. In this way, the complainant has suffered monetary loss. The complainant has requested the opposite parties several times to release the matured PPF amount to the complainant but the opposite parties are putting off the matter under one pretext or the other. The above said act and conduct of the opposite parties is deficiency in service and unfair trade practice. The opposite parties are liable under the provisions of Consumer Protection Act. The complainant has prayed that the present complaint may be accepted and the opposite parties may be directed :

( i)     To release the PPF matured amount i.e. Rs. 24,39,607/- plus future interest to the complainant

(ii)     To pay Rs. 50,000/- as compensation and damages,

(iii)    To pay Rs. 25,000/- as litigation expenses to the complainant

(iv)    Any other relief to which the complainant is found entitled to may be granted to the complainant.

Alongwith the complaint, the complainant has placed on record self attested copy of affidavit of complainant Ex. C-1, Self attested copy of affidavit of Dhanwant Singh Ex. C-1, Self attested copy of Pass Book Ex. C-3.

2        Notice of this complaint was sent to the opposite parties and opposite parties appeared through counsel and filed written version by taking preliminary objections that the present complaint is legally not maintainable against the opposite parties as no cause of action accrued against the replying opposite parties since the opposite parties number of times requested the complainant to visit the office and make closure the account with all pending due amount and in this regard specific letter was also issued to the complainant by the Sub Post Master, Patti but the complainant intentionally is not visiting the office of opposite parties for closure of the account. Hence the present complaint is an abuse of process of law and same is liable to be dismissed. The complainant has not come to the Court with clean hands and has suppressed the true and material facts from the notice of this commission and the opposite parties have unnecessarily been dragged in the present litigation and as such, the present complaint is liable to be dismissed. No cause of action has accrued to complainant or even pleaded in the complaint. On Merits, it was pleaded that there was difference of certain amount of interest of previous year in the said PPF account No. 850107/5483510703. The matter was reported on 14.6.2021 by the Post master , Tarn Taran H.O vide which it was intimated that there is a difference of amount of Rs. 1,61,346+ accrued interest thereon in the said account. An enquiry was conducted by the IP Patti Sub Division to resolve the issue. Based on the outcome of enquiry report submitted on 16.8.2021, directions were issued to adjust/ correct the balance said account on 27.8.2021. The balance at the time of maturity shall continue to earn interest at the rate of PPF scheme notified from time to time. The complainant was requested to visit the office to claim the amount vide letter dated 8.9.2021 but no visit has been made by the complainant till date. The complainant is not entitled to grant of any of the relief as prayed. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite parties have placed on record affidavit of Deepak Sharma Senior Superintendent of Posts Amritsar Postal Division, Amritsar Ex. OPs1/A, alongwith documents Ex. OP-1 to Ex. OP-3.   

3        The complainant has filed rejoinder and controverted the stand taken by the opposite parties and have pleaded that any lapse on the part of the opposite parties is deficiency in service and harassment to its consumer who visited the office of the opposite party several times. The complainant filed the complaint before this commission on 11.8.2021 and notice issued by this commission might have reached the opposite parties till 15.8.2021 at the maximum and this story of investigation and inquiry is sheer concocted and brain child of opposite parties No. 1, 2. Every time, the complainant visited the office of opposite party No. 3 and opposite party No. 3 reported the complaint of the complainant to the opposite party No. 2 telephonically in the presence of complainant and this process was continued for several visits and pass book of the account of PPF remained with the opposite party No. 3 for more than 2 months and ultimately that was taken back by the complainant when the opposite parties have not resolved the matter. Only interest was to be calculated in the account and that was not done by the opposite parties for a long time. There is no investigation as alleged by the opposite parties. After filing of the present complaint, the opposite party No. 3 has sent a written request for visiting of his office but when the complainant went to the office of opposite party No. 3 and asked him to make the entry of correct/ final account and he requested to do so and on that day the complainant had got released his NSE from the office of Opposite party No. 3. But the opposite party has not made the entry of correct/ final amount in passbook of the complainant. The complainant has visited the office of the opposite parties and the allegations of the opposite parties that the complainant never visited the opposite party is wrong and not correct. The complainant has prayed that the present complaint may be allowed. Alongwith the replication, the complainant has placed on record his statement of account Ex. C-4.

4        We have heard the Ld. counsels for the parties and have gone through the record.

5        Ld. counsel for the complainant contended that the complainant has opened 15 years PPF account with the opposite party No. 3 at Patti bearing account No. 850107 and Pan Number of complainant is ABSPK3874D. The complainant has successfully contributed to his 15 years PPF account with opposite party No. 3 which has matured on 31.3.2021. Copy of pass book of complainant is Ex. C-3. The complainant alongwith his clerk Sh. Dhanwant Singh has visited the opposite party No. 3 several times and requested the opposite party No. 3 to release the matured PPF amount to the complainant but the opposite party No. 3 told the complainant that some previous interest is to be posted in complainant’s PPF account online and for this purpose, he has intimated the opposite parties No. 1, 2. But inspite of numerous visits, the opposite parties have not released Rs. 24,39,607/- i.e. matured PPF amount to the complainant. She further contended that had this amount been released to the complainant and complainant must have invested it in the shape of FDR which fetched interest of Rs. 16,000/- per month. In this way, the complainant has suffered monetary loss. The complainant has requested the opposite parties several times to release the matured PPF amount to the complainant but the opposite parties are putting off the matter under one pretext or the other. The above said act and conduct of the opposite parties is deficiency in service and unfair trade practice. She further contended that the complainant filed the complaint before this commission on 11.8.2021 and notice issued by this commission might have reached the opposite parties till 15.8.2021 at the maximum and this story of investigation and inquiry is sheer concocted and brain child of opposite parties No. 1, 2. Every time, the complainant visited the office of opposite party No. 3 and opposite party No. 3 reported the complaint of the complainant to the opposite party No. 2 telephonically in the presence of complainant and this process was continued for several visits and pass book of the account of PPF remained with the opposite party No. 3 for more than 2 months and ultimately that was taken back by the complainant when the opposite parties have not resolved the matter. Only interest was to be calculated in the account and that was not done by the opposite parties for a long time. There is no investigation as alleged by the opposite parties. After filing of the present complaint, the opposite party No. 3 has sent a written request for visiting of his office but when the complainant went to the office of opposite party No. 3 and asked him to make the entry of correct/ final account and he requested to do so and on that day the complainant had got released his NSE from the office of Opposite party No. 3 and contended that the amount of NSE has been credited in the saving account of the complainant which is Ex. C-4. But the opposite party has not made the entry of correct/ final amount in passbook of the complainant. The complainant has visited the office of the opposite parties and the allegations of the opposite parties that the complainant never visited the opposite party is wrong and not correct and prayed that the present compliant may be allowed. Ld. counsel for the opposite parties contended that the present complaint is legally not maintainable against the opposite parties as no cause of action accrued against the replying opposite parties since the opposite parties number of times requested the complainant to visit the office and make closure the account with all pending due amount and in this regard specific letter was also issued to the complainant by the Sub Post Master, Patti  but the complainant intentionally is not visiting the office of opposite parties for closure of the account. The complainant has not come to the Court with clean hands and has suppressed the true and material facts from the notice of this commission and the opposite parties have unnecessarily been dragged in the present litigation. He further contended that there was difference of certain amount of interest of previous year in the said PPF account No. 850107/5483510703. The matter was report on 14.6.2021 by the Post Master, Tarn Taran H.O vide which it was intimated that there is a difference of amount of Rs. 1,61,346+ accrued interest thereon in the said account. An enquiry was conducted by the IP Patti Sub Division to resolve the issue. Based on the outcome of enquiry report submitted on 16.8.2021, directions were issued to adjust/ correct the balance said account on 27.8.2021. The balance at the time of maturity shall continue to earn interest at the rate of PPF scheme notified from time to time. The complainant was requested to visit the office to claim the amount vide letter dated 8.9.2021 Ex. OP/2 but no visit has been made by the complainant till date. The complainant is not entitled to grant of any of the relief as prayed.

6        In the present case it is not disputed that the complainant is PPF account holder with the opposite parties. Period of 15 years of above said account has been completed by the complainant which has been admitted by the opposite parties in Para No. 3 of the written version.   As per version of the opposite parties that there was difference of certain amount of interest of previous years in the said PPF account. The opposite parties have placed on record one letter dated 27.8.2021 regarding correction of balance in PPF account (No. 5483510703) standing at Patti SO and same is Ex. P-1 on record. It shows that there was miscalculation of the interest in the PPF account of the complainant by the opposite parties. However, it is the duty of the opposite parties to calculate the interest correctly as per guidelines. It is matter of surprise that complainant was depositing the money with the opposite party for the last fifteen years and when the same has been matured after 15 years, the opposite parties are not releasing the amount by saying that previous interest has not been calculated correctly.  The other stand of the opposite parties is that they have requested the complainant to come to the office of the opposite parties and to make the closure with the pending due amount and get release the money and in support of their case, the opposite parties have also placed on record one letter dated 9.9.2021 with the request that it is intimated that the technical issue w.r.t. balance of your PPF account No. 850107 has been resolved. So you are requested to visit the office and make the closure with all pending due amounts, the letter is Ex. OP/2. But as per version of the complainant, he approached the opposite parties many a times and requested to release the amount but the opposite parties did not listen the complainant. The complainant has also placed on record his saving account pass book   Ex.C-4 which shows the entry dated 15.9.2021 for credit of amount of    Rs. 2,21,882/- with regard to NSE amount.  It shows that the complainant visited the office of the opposite parties at Patti Branch and it falsify the stand of the opposite parties that the complainant has not visited the office of the opposite parties. The complainant has sufficiently proved that on dated 15.9.2021, he visited the Post Office at Patti Branch to release the NSE maturity amount and what prevented the opposite party to release the PPF amount to the complainant on the same day. It is the duty of the opposite parties to accommodate the complainant on priority basis being senior citizen and being their customer more than 15 years.  The complainant has deposited his hard earned money with the opposite parties for 15 years and it is the duty of the opposite parties to release the same with interest immediately after completion of 15 years as and when the amount was matured. The opposite parties themselves admitted in the letter Ex. OP/1 that said account was migrated with less balance of Rs.1,61,346/- in Finacle and it has been recommended to correct the balance alongwith due interest. As such, it shows that the opposite parties have miscalculated the interest. By not releasing the amount of the complainant with interest to him immediately after completion of 15 years, the opposite parties have committed deficiency in service and unfair trade practice on their part.

7        In view of above discussion, we allow the present complaint and directed the opposite parties to release the PPF maturity amount to the complainant immediately by calculating rate of interest of PPF account till date. The complainant has been harassed by the opposite parties unnecessarily for a long time. The complainant is also entitled to Rs.10,000/- ( Rs. Ten Thousand only) as compensation on account of harassment and mental agony and Rs 5,000/- ( Rs. Five Thousand only) as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room. This complaint could not be decided within prescribed period due to heavy pendency of cases in this commission and COVID-19.

Announced in Open Commission

24.02.2022