Sh.Anoop Sharma, Presiding Member

1.       Ms.Navedita Khanna, complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that the complainant had opened a P.P. F. A/c (Public Provident Fund Account) bearing no 0997646362 in G. P. O. Amritsar on 4.2.2011. Her PAN No. is PNHPK 5960 D. Opposite Party No.1 is the senior Postmaster whereas opposite Party no. 2 is the Superintendent of Post Offices at Amritsar. The above said PPF Account, the complainant had been making deposits from time to time, which used to be entered and reflected in the Pass Book issued by opposite Party no.1 in her name. It was on 18.3.2015 that the complainant deposited a sum of Rs.1,00,000/- (Rs. One Lakh) in her said PPF Account (which was having its old A/c No. 166511) by means of a cheque no. 000016 drawn by her in favour of Post Master, Amritsar, from her Saving Account No. 01151600000496 on H.D.F.C. Bank, Mall Road Branch, Amritsar, which cheque was duly encashed by the said Banker and the amount of such cheque was debited to the said Saving Account of the complainant on 20.3.2015. Such amount was deposited by the complainant in the abovesaid Public Provident Fund Scheme/ Account No. 0997648362 old Account No. 16651 through her Agent viz. Sumit Chopra of Sumit K. Jialal & Co. of No. 498, Basant Avenue, Amritsar, against receipt duly stamped by GPO Amritsar. From the perusal of the entries made in the Pass Book of the complainant on 31.3.2016 it transpired that the above said amount of Rs. One Lakh deposited by her in her said PPF Account was not credited by opposite Party no 1. Since it is a matter of grave neglect and the opposite parties or their concerned officials were deficient in performance of their duties, the complainant got served opposite parties with notice dated 18 April, 2016 through her Advocate. Thereafter, the complainant through her husband Shri Pankaj Khanna had been approaching the concerned officials of opposite party no. 1 as well as General Post Master personally, and that they had been assuring him that the matter is being investigated and the amount will be credited in her said PPF Account alongwith Interest due thereon as per law. Since after sufficiently awaiting, the opposite parties gave no response to notice served upon them in writing, the complainant again got served another notice dated 18 January, 2017 upon the opposite parties.  In response to such notice, the complainant received a letter dated 25.2.2017 from APM PPF Counter, requiring her to provide her Bank statement of her above said cheque no. 000016 of Rs.1,00,000/- deposited so that necessary action may be taken in the matter. Immediately, the same was provided in the office of opposite party no.1, but till date, her demand of crediting the said amount of Rs.1,00,000 in her said PPF Account ALONG WITH INTEREST DUE w.e.f. 20.3.2015 to upto date @ of  PPF Rules & Regulations is still not credited, and the same remains unreplied and un-complied by the opposite parties. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties be directed to make the credit entry of Rs.1 lac paid by the complainant in the PPF account of the complainant alongwith interest due thereon from such date of deposit till date of such credit entry made permissible under the PPF Scheme, 1968.

b)      To pay compensation of Rs.10,000/- as compensation of unnecessary harassment caused to her alongwith Rs.10,000/- as costs of the proceedings.

c)       Any other relief to which the complainant may be entitled to, may also be awarded. 

Hence, this complaint.

2.       Upon notice, opposite parties No.1, 2 appeared and contested the complaint by filing  joint written statement taking preliminary objections therein inter alia that the present complaint has become infructuous as opposite parties have made payment to the complainant by the means of cheque No. 605724 dated 29.4.17 for Rs.18223/- drawn on State Bank of India and as such complainant is not entitled for any relief from this Forum and as such instant complaint deserve dismissal; that the complainant has not come to this Forum with clean hands and has suppressed various material facts, as such complainant is not entitled for any relief from this Forum, that the complainant estopped by her act and conduct from filling the present complaint, that no cause of action has ever arisen in favour of the complainant and against the replying opposite Parties that the complaint of the complainant is legally not maintainable in the present form and as such same deserve dismissal, that the complaint of the complainant is bad for non joinder of State Bank of India, Cantt Branch Amritsar through its Chief Manager/ Principal Officer who is necessary and proper party and without the presence of State Bank of India, Cantt Branch Amritsar, through its Chief Manager/Principal Officer, the present complaint cannot be proceeded with. On merits, it is admitted to the extent that a Cheque No.000016 was received in Amritsar HQ on 18.3. 2015 and the same was transferred to Treasury branch of Amritsar HQ on 19.3.2015 vide scroll No. 1408. Subsequently on 19.3.2015 cheque PA sent the cheque to State Bank of India, Cantt Branch Amritsar for clearance. The State Bank of India, Cantt Branch Amritsar has not provided  the clearance of cheque and after correspondence by PPF counter and cheque PA Amritsar HO the State Bank of India, Cantt Branch Amritsar provided date of clearance as 19.4.2017 and consequently on 21.4.2017 the same was credited. As stated above the complaint of the complainant is bad for non joinder of State Bank of India, Cantt Branch Amritsar through its Chief Manager/ Principal officer who is necessary and proper party and without the presence of State Bank of India, Cantt Branch Amritsar through its Chief Manager/ Principal officer, the present complaint cannot be proceeded with. Moreover, it is  admitted to the extent that a cheque No.000016 was received in Amritsar HQ on 18.3.2015 in the manner stated above. It is also admitted to the extent that a cheque in question was received with counter assistant on 18.3.2015 as detail reply has been given above. Moreover, upon receipt of 1egal notice, the  matter was taken up with State Bank of India. Cantt Branch Amritsar who in response and after checking bank record credited the proceedings of the cheque in Government on 19.4.2017 as detailed above. It is also admitted  to the extent that on receipt of legal notice and personal visits of the complainant or near relative Amritsar HQ had taken up the matter with State Bank of India, Cantt Branch Amritsar who credited the proceedings of Cheque in Government account on 19.4.2017.It is also   admitted to the extent that APM PPF counter addressed a letter to the complainant on 25.2.2017 requesting her to provide a copy of bank statement showing date of clearance in question and the same was received and treasury branch/ cc PA was requested to intimate the date of clearance as detailed above. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.

3.       After filing the written version by the Opposite Parties, the case was fixed for evidence of the complainant for 31.5.2017. On 31.5.2017, the complainant has moved an application for impleading State Bank of India, Amritsar Cant in the array of the Opposite Parties. On the other hand, Opposite Parties have filed the reply to the application and submitted that the complainant does not have any locus standi to file the present application and Opposite Parties have further submitted that the present application as well as complaint has become infructuous as opposite parties have already made payment to the complainant by the means of cheque No. 605724 dated 29.4.17 for Rs.18223/- drawn on State Bank of India and as such complainant is not entitled for any relief from this Forum and as such instant complaint deserve dismissal.  So, without proceeding further, and on perusal of the record and complaint, it perused that  the grievance of the complainant have already been redressed as the complainant has already received the payment cheque No. 605724 dated 29.4.17 for Rs.18223/- drawn on State Bank of India, copy of the banker’s cheque is placed on record, hence the complaint of the complainant becomes infructuous. But however, the Opposite Parties have made the payment to the complainant after the filing of the complaint and the complainant was compelled to file the present complaint by spending money on documentations as well as by hiring advocate and by serving legal notice through her counsel, so in this count, the complainant is certainly entitled to reasonable compensation. So, keeping in view of the facts and circumstances of the  case, we direct the Opposite Parties to pay Rs.3000/- to the complainant on account of compensation for causing mental tension and harassment besides Rs.2000/- as costs of litigation. The application as well as main complaint is disposed of  accordingly. Compliance of this order be made within 30 days from the receipt of copy of the order; failing which, the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum