BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 15 of 2014
- Sri Jyotirmoy Choudhury,…………………………………………. Complainant.1.
&
- Sri Jahar Choudhury, ………………..…..…………………………. Complainant.2.
V/S
- Union of India
Represented by:- The Secretary, Ministry of Communication,
New Delhi. …………….………………………………………………… Opp. Party No.1.
- The Sr. Superintendent of Post,
Cachar Division, Dist. Cachar, Assam. ………………….……………. Opp. Party No.2.
- Inspector of Post,
Silchar South Sub-Division, Silchar
Dist. Cachar. ………………….…………………………………………. Opp. Party No.3.
- Sub Post Master (SPM)
Joypur Rajabazar Post Office,
Dist. Cachar. ………………….…………………………………………. Opp. Party No.4.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri Prasenjit Deb, Advocate for the complainant.
Sri Dipak Kumar Deb, Govt. Pleader for the O.Ps.
Date of Evidence……………………….. 31-03-2015, 29-08-2015
Date of written argument……………… 12-07-2017
Date of oral argument ………………… 28-06-2017
Date of judgment………………………. 24-10-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Sri Jyotirmay Choudhury and his son Sri Jahar Choudhury submitted the joint complaint under the provision of Consumer Protection Act, 1986 against Sub-Post Master, Joypur, Raja Bazar Post Office, Cachar and 3 (three) other officers of Postal authority for award of compensation for disservice for not making payment of maturity value of the KVPs and also for order to make payment of maturity amount of KVPs with interest.
- Brief fact as below:-
The Complainant No.1 Jyotirmay Choudhury purchased KVPs for total amount of Rs.1,90,000/- on 3 (three) different dates on 30-07-2003, 03-09-2003 and 13-10-2003 from Sub- Post Master, Joypur Raja Bazar. The said KVPs have been matured on 28-02-2012, 30-04-2012 and 13-04-2012. Details of those KVPs have been mentioned in the Schedule-I of the complaint. His son Jahar Choudhury also purchase KVPs for Rs.40,000 on 13-10-2003. The said KVPs have been mentioned on 13-04-2012. The details of those KVPs have been mentioned in the Schedule-II of the complaint. During the period of investment, all those KVPs in original have been seized by CBI in connection with case No. RCSHG2009A0001 U/S 409/477A I.P.C on 17-04-2009. Now, all those KVPs have been exhibited as Ext-7 to 27 in the Spl. case No. 6/09 in the Addl. Court No.2 of Spl., Judge CBI, Assam in Guwahati.
- However, the Complainant approached the O.Ps to make payment of maturity value of K.V.Ps but the O.P. refused and asked the Complainant to produce original K.V.Ps. The Complainant was not in a position to produce original. Accordingly, O.P. wrote letter to Inspector of police CBI on 30/03/2012 but replied that the seized K.V.Ps cannot be released without permission of the CBI court.
- Anyhow, the O.P. submitted W/S. In the W/S admitted all those fact and added that CBI case lodged against the then Sub-post Master Sri. Digish Chandra Barman for money embezzlement and in that connection the K.V.Ps have been seized and now without presenting original K.V.Ps the maturity amount cannot be released.
- During hearing the Complainant Jyotirmoy Choudhury deposed as P.W-1 and exhibited seizure memo, copy of letter dated 30/03/2012 of inspector of Police CBI and details of K.V.Ps etc.
- The Contesting O.Ps also examined Sri Samar Chandra Das and Exhibited seizure list vide Ext. A and copy of letter dated 30/04/2012.
- Heard oral argument of the Ld. Advocate of the O.P. perused written argument of the Ld. Advocate of the Complainant and also perused the evidence on record.
- In this case it is admitted fact that K.V.Ps purchased by the Complainant have been matured and the Original K.V.Ps. are lying in the C/R of Spl. Case No. 6/09 of the court of Spl. Judge, CBI at Guwahati as Ext. 7 to Ext.27. It is also admitted fact that the CBI Case is not pending against the Complainant but against the then Sub-Post Master Digish Chandra Barman for money embezzlement U/S 409 IPC. It is also un-challenged fact that K.V.Ps are genuine. So, the Complainant are entitled to get maturity value of K.V.Ps at the ends of maturity date. From evidence on record, it is revealed that the Plea of the O.Ps are that the maturity amount cannot be released in favour of the Claimant unless original K.V.Ps have been produced. But at the same time the O.Ps. are aware of the fact that original K.V.Ps are kept in the case record of SPL case No.9/2009 as exhibited. So it is not possible on the part of the Complainant to produce original K.V.Ps from the Spl. Judge Court. So, in this perplexion, when there is no doubt about the genuineness of K.V.Ps and the date of maturity of K.V.Ps before the postal authority, they can make payment of maturity amount of K.V.Ps. by noting down the fact in the payment order the K.V.Ps file available before the Postal Authority, or in other word it is a judicial notice that when K.V.Ps are purchased the customer is to filled up a form for opening relevant account. In that form necessary particulars are noted and the said file is kept in the custody of Postal Authority. So maturity amount of K.V.P may be released on the basis of the aforesaid file in the special situation.
- If that file is not seized, than the O.P. Postal Authority may make payment of maturity amount of K.V.Ps without making necessary entries in the original K.V.Ps at the relevant time. Of course for making payment the Postal Authority may note down the matter of seizure of original K.V.Ps in that file and if necessary may take a bond from the Complainant. But in any circumstances the payment of maturity amount of K.V.Ps should not be delayed for technical reason.
- Therefore, in this case the Postal Authority is directed to make payment of maturity amount of K.V.Ps with interest at the prevailing rate of interest with effect from the date of maturity of each and every K.V.Ps. till realization of full.
- With the above, this case is disposed of on contest with cost of the proceeding of Rs.3,000/-(Rupees three thousand) only. Payment to be made within 45 days from today, If fail the maturity amount including cost of RS. 3,000/- will fetch interest @ 10% per annum with effect from today till realization of full. Supply free certified copy of judgment to the parties.
Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 24th day of October, 2017.
