Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            Present complainant Smt. Lipika Adhikary by filing this compliant submitted that it had two R.D. A/cs having No.1256905 and 1256906 which were opened at R.N. Mukherjee Road Post Office, Kolkata – 700 001 on 28-09-2000 and A/c. No.1256905 of denomination of Rs.500/- only was jointly opened with her son Sri subrata Adhikari and A/c. No.1256906 was of denomination of Rs.2,2500/- only which was opened iin her name singly.

            Both the R.D. A/cs were continued for a further period of five years unde ?Rule 10(1) of the P.O. RD Rule- 1981 and taking into consideration the extended and the continued period, the maturity date actually falls on 28-01-2011.

            A withdrawal of Rs.20,000/- was made from A/c. No.1256906 on 01-02-2002 and refund of withdrawal was made in four equal monthly instalments on 311-07-2002, 31-08-2002, 28-09-2002 and on 16-07-2003.  But the Sub-Postmaster R.N. Mukherjee Road P.O. charged and recovered as much as Rs.27,000/- from the matured value as interest against loan.  And it was an excess recovery of Rs.24,562/- but actual deduction ought to have been Rs.2,438/- only.

            It is further submitted maturity value of the both the RD A/cs being A/c. No.1256905 and 1256906 were Rs.1,05,768/- and Rs.5,28,838/- respectively i.e. totalling Rs.6,34,606/- and that amount was due to be paid on 28-01-2011 but it was actually paid to the complainant on 12-04-2011 without interest for the period of delayed payment for a period of 2 months and 15 days.

            So, on 18-04-2011 complainant wrote a letter to the Superintendent of Post Offices, Central Kolkata Division claiming amount of excess recovery and also interest for the period of delay in payment followed by reminders on 03-05-2011 and 30-08-2011.           But against that OP reported that there is no provision of PORD Rules but allow PMI after completion of extended period of 10 years and it was also reported that restriction to allow P.M.I. upto maximum period of 5 years from the date of maturity is imposed on discontinued A/c. only.  So, in the circumstances, complainant prayed for relief and order for commanding the OP to pay interest on the aggregate period of matured amount of Rs.6,34,606/- for the period from 28-01-2011 to 10-04-2011 @Rs.15% per month and also directing the OP to refund excess recovery of loan interest of Rs.24,562/- including penal interest @15% for the period from 11-04-2011 to 28-12-2011. 

            On the other hand, the OP by filing written statement submitted that the case is barred by limitation but admitted the fact of existence of two RD A/cs being A/c. No.1256905 and 1256906 date of issue were 28-09-2000 and denominations were Rs.500/- and Rs.2,500/- respectively at their office in the name of Lipika Adhikary(complainant) and Sri Subrata Adhikary and another complainant herself.  It is also admitted that loan was taken by the complainant to the extent of Rs.20,000/- and that was cleared by 31-07-2003 and it is admitted that Rs.27,000/- was recovered inadvertently as loan interest from the maturity value and excess recovery loan interest of Rs.24,562/- had been paid to the complainant on 28-12-2011.

            OP has stated that no doubt complainant has claimed PMI for Rs.671/- and Rs.3,071/- for the period from 28-01-2011 to 12-04-2011 but the same cannot be paid to the holders as Dte’s communication letter No.111-01/2009-SB, SB Order Dated 01-10-2009.  Further it was submitted that the matured amount was paid but no interest was paid by the delayed period of two months and 15 days as there is no such provision of payment of such post maturity interest in PORD Rules after completion of extended period i.e. 10 years.

            So, in the circumstances, as per Rule complainant is not entitled to any interest.

Decision with Reasons

On indepth study of the complaint and written version including the document it is undisputed fact that complainant has received not only the matured amount of Rs.1,05,768/- and Rs.5,28,838/- and also the excess recovery amount of Rs.24,562/- which was paid on different dates but interest amount of Rs.24,562/- was paid on 28-12-2011 and no doubt complainant had admitted that fact at the time of agreement but their main grievance is that they have not got interest amount and no doubt OP has submitted that they are not able to pay Rs.617/- and Rs.3,071/- as per claim of the complainant but considering the entire fact and materials and also the particular matter of delayed payment of the maturity amount after lapse of two months and 15 days.  We are of view it was laches on the part of the OP.

            Anyhow, OP has failed to give any satisfactory explanation for what reason the oPs failed to delivery or handover cheque or maturity amount to the complainant forthwith on the next date of maturity at the same time OPs have failed to convince this Forum for what reason the maturity amount was in the custody of the postal department for more than two months and fifteen days without any valid reason when it is rule of that on maturity on the next date depositor is entitled to get the entire matured amount and if it is not paid by the postal authority or bank authority in that case from the next date till the date of handing over or delivering the entire maturity amount the interest shall be paid at bank interest rate but that has not been explained by the OP and fact remains that entire postal department of West Bengal are very much reluctant to handover cash/cheque on maturity.  So, their departmental administrative reason delay may be caused but such sort of delay of the Postal Authority is illegal, uncalled for and even such a manner the Postal Department is being run till today but we are convinced that in future Postal Department shall have to serve the depositor/consumer properly but now-a-days this is the peculiar picture of the administration of the Postal Department but the Forum does not know how long all these illegal activities of subordinate staff of Postal Department shall be is discharged and the matured amount would be paid at belated stage why the above practice and the process shall be continued by the Postal Department if it cannot be regulated by the Post Master General then invariably in all cases all the depositors on the date of maturity if they do not get matured amount within 24 hours from the date of maturity or if it is not delivered to the depositor within 24 hours from the date of maturity in that case complaint must be filed.  In this context we are convinced to hold that entire Postal Department or Sub-Post Master or Superintendent of R.N. Mukherjee Road post office are deficient and for their laches and this lady got her maturity after lapse of two months and fifteen days and for which the interest amount with compensation the present complainant is entitled to from the Postal Department and particularly from the present post office R.N. Mukherjee Road Branch.

            Most interesting factor is that OPs have failed to give any bona fide explanation in respect of their laches but they are producing some papers.  Let the papers be kept in their bucket and pay compensation at once.  Because postal service is also a service to the consumer when she deposited money and that money was spent by the postal department by investment through Government and Postal Department has been benefited and out of that profit they are getting interest so the OPs are liable to pay compensation including interest for harassing this complainant.  it is a simple example of deficiency of service of the Postal Department but there are thousands of complaints against Postal Department everywhere regarding their negligent and deficient manner of service what this Forum has observed at different stations but administrative control is very poor and for which this postal staff are very much reluctant to render service to the customers forthwith but very much devoted for their salary increment but not for rendering proper and effective and prompt service to the customers (consumers).

            Overall evaluation of the material on record and the above findings we are inclined to hold that complainant is entitled to Rs.6,000/- as interest from the OPs for the period of two months and fifteen days in respect of the maturity amount because it was delivered and handed over after lapse of two months and fifteen days from the maturity and also for deducting a huge amount as interest i.e. Rs.24,562/- without any reason but actual deduction ought to have been only Rs.2,438/-.

            In view of the above findings the complaint succeeds. 

Hence,

Ordered

That the complaint be and the same is allowed with a cost of Rs.2,000/-(Rupees Two thousand only) against the OP.

            OP is directed to pay a sum of Rs.6,000/-(Rupees Six thousand only) as interest for delayed payment of RD A/cs and deduction of Rs.27,000/-(Rupees Twenty seven thousand only) as interest in place of 2,438/-.

            Further for not rendering proper service and also for rendering negligent manner of service to the present lady complainant by the OP.  OP is hereby directed to pay a sum of Rs.5,000/- (Rupees Five thousand only) as compensation to the complainant.

            OP is directed to pay entire amount i.e. litigation cost of Rs.2,000/-(Rupees Two thousand only) arrear interest Rs.6,000/-(Rupees Six thousand only) and compensation of Rs.5,000/-(Rupees Five thousand only) within one month from the date of this order failing which for non-compliance of the Forum’s order Superintendent of Post Office Central Kolkata Division, 18, Bal Mukund Mokar Street, Burrabazar shall be imposed a punitive damages @Rs.500/- per day till full satisfaction of the degree and if it is not paid by the OP for implementation of this order a proceeding u/s.27 of the C.P. Act may be started and for which the OP may also be sent to jail for non-compliance of the Forum’s order.

OPs are directed to comply the order strictly within one month from the date of this order by satisfying the entire claim of the complainant and by depositing the punitive damages on SCWF failing which for each months delay OPs shall have to pay a penal interest @Rs.2,500/- (at the rate of Rupees two thousand five hundred only) and if it is collected it shall be deposited to State Consumer Welfare Fund even after that if it is found that OPs are deliberately disobeying the Forum’s order in that case penal action u/s.27 of the C.P. Act, shall be taken against them for which they shall be liable