Order-23.

Date-13/07/2015.

Complainants Sri Sajay Dasgupta and Mrs. Gitasri Dasgupta by filing this complaint submitted that complainants obtained Home Loan from the ops State Bank of India, PBB Slat Lake Branch and op Bank on compliance of all formalities and being satisfied in all respects sanctioned Home Loan to the complainants vide Home Loan A/C No. 3000166386-1 and sanctioned sum of Rs. 8,88,000/- and complainants in terms of the said Loan Agreement repaid the loan amount in time to the Bank/ops and op Bank accepted that repaid amount and issued a Certificate on 05.03.2014 regarding payment of loan amount in full satisfaction and issued ‘No Due Certificate’.

But at the time of sanctioning of the loan complainants deposited 6 nos. of National Savings Certificates as security against the loan amount to the op and complainants after making payment of the loan amount in full asked the ops/Bank to return the said 6 nos. of National Savings Certificates to the complainants and details of the said Certificates are described below:

Ops/Bank though issued ‘No Due Certificate’ but failed and neglected to return the said 6 nos. of National Savings Certificates to the complainants.Complainants made several correspondence with the ops asking the ops to return back the said 6 nos. of National Savings Certificates but without any result.

So, complainant no.1 himself issued letters on 19.07.14 and 27.07.2014 and also through his Ld. Advocate issued notices on 04.08.2014 and 07.08.2014 asking the op to return the said 6 nos. of National Savings Certificates but ops failed to give any reply and also did not return the same and in such action and/or inaction on the part of the ops/Bank regarding return of 6 nos. of National Savings Certificates to the complainants even after payment of loan amount in full caused suffering and harassment to the complainants and such sort of default on the part of the ops is no doubt deficiency in service on the part of the ops and under compelling circumstances finding no other alternative and also for negligent and deficient manner of service on the part of the ops for causing mental pain and suffering and also for inevitable loss, complainants has filed this complaint praying for redressal and also for compensation.

On the other hand, op by filing written statement submitted very specifically that the 6 nos. of National Savings Certificates in question was pledged to the ops which was sent to the Post Master, Kolkata GPO for its encashment at the time of their maturity by op Bank, but since the maturity amounts in respect of the said 6 nos. of National Savings Certificates were never disbursed and/or issued by the said Post Office and the original certificates are still lying in the custody of the Post Master, Kolkata GPO for which he should be made a party to the instant proceedings.

It is admitted by the ops/Bank that op Bank had already issued a ‘No Due Certificate’ after the loan account has been liquidated and closed by the Borrower/complainants.But it is specifically mentioned by the ops that op issued ‘No Due Certificate’ but failed to return the said 6 nos. of National Savings Certificates to the complainants or that the complainants made several correspondences with the op/Bank on the ground that NSC in question are in the custody of the op as same have already been submitted before the Post Master, Kolkata GPO and the Bank is not in a position to give the original National Savings Certificates to the complainants.However the complainants are entitled to the maturity proceeds of the said certificates and the op Bank made written request to the Post Master, Kolkata GPO vide letter dated 08.05.2014 requesting him to release the maturity proceeds of the certificates in favour of the Certificate Holders, i.e. the complainants.

Bank had already made written communications to the said Post Master.But this fact has been deliberately suppressed by the complainants knowing fully well that it is lying in the custody to the Kolkata GPO for which complainants have not made GPO party to the instant proceedings with malafide intentions of harassing the ops/Bank.So, the present complaint is not maintainable or there was no fault on the part of the ops and there was no negligence and deficiency on the part of the ops and in fact for the negligence and deficiency of Post Master General, Kolkata GPO, complainants are being harassed for not releasing the maturity amount of 6 nos. of National Savings Certificates by means of any draft or cheque in favour of the op no.1 Bank and hence the said sum could not be adjusted against the loan account of the complainants, nor returned the said 6 nos. of National Savings Certificates to the ops by the GPO Kolkata.

In fact Post Master General, Kolkata GPO even after receipt of 6 nos. of National Savings Certificates withheld the same in their custody and in-spite of repeated requests of the op Bank, has still not proceeded to release the maturity amount in favour of the complainants and gave nothing reply about it and in that circumstances it is not possible for the op to release that amount or to return the 6 nos. of National Savings Certificates and op prayed for adding the Post Master General as a party and for dismissing the case.

Subsequently as per allegation of the op Bank for not impleading the Post Master General as a party, complainant added the Post Master General as a party by filing a petition on 02.04.2015 and that was allowed and Post Master General was added as a party op no.3 and thereafter a fresh notice was served upon the Post Master General by Registered Post with A/D and that was delivered to the Post Master General on 03.04.2014 as it is evident from Postal Internet result against Speed Post No. EW805556256IN booked on 08.04.2015 at Kalyani.But even after service of the said notice, PMG did not appear to contest this case for which finally the case is heard against the op no.3 as exparte.

Now we shall have to consider the entire Consumer Disputes on the basis of the materials on record and also relying upon the material fact and the arguments as advanced by the Ld. Lawyers of both the parties.

                                                 Decision with reasons

On proper consideration of the complaint and written version and also considering the entire materials on record and particularly the admission of the op, it is admitted fact that the above mentioned 6 nos. of National Savings Certificates were pledged to the op/Bank authorizing the op bank for encashment at the time of its maturity.So, that the said proceed can be adjusted against the complainants’ loan account.

It is also admitted fact that op/Bank sent those 6 nos. of National Savings Certificates in question to the Post Master General (PMG) office of PMG, Kolkata along with one forwarding letter dated 18.05.2012 for releasing the loan amount when it had already been matured.But anyhow it is proved that 6 nos. of National Savings Certificates are lying in the custody of the PMG of Post Office, West Bengal at Kolkata but not in the custody of the Bank.

It is also proved that op/Bank sent another letter dated 08.05.2014 vide Memo No. GEN/14/120 requesting the PMG to release the maturity proceeds of the 6 nos. of National Savings Certificates which are lying in the custody of Kolkata GPO.But against that no reply has been made by the PMG.

So, considering that fact, it is clear that when it was placed to the op, it is the legal duty on the part of the op GPO to handover the amount on maturity.But fact remains that PMG is very silent and peculiar factor is that bank being a financial institution sent all those papers to the PMG, but PMG is found sitting idle in his cold chamber without making any intimation and that is the negligent and deficient manner of service on the part of the Postal Authority.

Fact remains that the said 6 nos. of National Savings Certificates were matured within period from 12.02.2008 to 31.01.2009.But Bank Authority did not submit it for encashment within time and that is within 12.02.2008 and on other days up to 31.01.2009.But they were sitting idle in their cold chambers and ultimately sent 6 nos. of National Savings Certificates on 18.05.2012 that is long after 3 or 4 years and considering that conduct of the op Bank, it is also found that op/Bank is negligent and deficient in discharging their duties for encashing the amount by 12.02.2008 to 31.01.2009.But they submitted it to the PMG only on 18.05.2012 that is long after 3 to 4 years, that means if it would be palced before the PMG within time, in that case it can easily be adjusted with the Loan A/c, but it has not been adjusted.But Loan amount has already been paid by the complainant which is admitted by the op.

Considering the conduct of the ops, it is found that complainant had lost further interest of the matured amount w.e.f. 12.02.2008 to 31.01.2009 and till date.At the same time it is proved that since 18.05.2012, the said 6 nos. of National Savings Certificates are lying in the custody of PMG, West Bengal at Kolkata.They did not pay any heed.Though PMG is the highest authority of the Postal Region, but he is found sitting in the Cold Chamber for enjoying the Government salary without discharging his day to day duties.

So fact remains that PMG is no doubt negligent and deficient in this regard for not releasing the amount as yet since 18.05.2012.So, in all respect Banking Authority and PMG are equally found negligent and deficient in discharging their duties and this Forum is confirmed that both the institutions one Central Government direct institution i.e. Post Master General Office and at the same the present Bank Authority another Central Government undertaking authority are very much reluctant and they have their no capacity to discharge their duties as because both of them are very much engaged in enjoying the days leisure by placing them in the wheel chair in the cold chamber and for their negligent act complainant has been suffering for long period.But both Central Government organisations are found organized institution not to render service to the customers or consumers.

Fact remains this in that case op bank has tried to convince that it is the fault of the PMG.But that fault of the PMG started on and from 18.05.2012 prior to that severe fault of the op/Bank is proved because op did not submit it on the dates of maturity within the period from 2008-09 and for long period those NSCs were lying in the custody of the Banking Authority and bank kept it in the cold chamber without giving any attention for encashment.Callousness on the part of the Banking Authority and PMG is well proved.How long such sort of callousness of administration in India or in West Bengal shall continue.In fact for callousness of administration here and there, poor consumers are facing all sorts of agony, pain, sufferings and financial loss.

Most interesting factor is that notice was served upon the Post Master General, PMG received it, knowing fully well that it was notice of the complaint sent by this Forum, but PMG is in a deep sleep and that is their mid-day sleep which is common feature in the highest authority in different office.Fact remains that even after service of the notice, the mid-day sleep of the PMG was not broken.Fact remains that PMG has nothing to say.So, he is again in the mid-day sleep without responding against the notice as sent by this Forum.Such a PMG should be penalized at first and in fact such a PMG should be booked for dereliction of duties.When this is conduct of the highest authority and his dereliction of duty is well proved, then it is clear that in what manner the duty is performed by the Post Offices when their boss PMG is found negligent in discharging their duties even after received of notices from this Forum.

Practically we are exhausted after handling so many cases and after conducting the highest number of cases of the Government Institutions.Truth is that for the callous administration of different heads of the institutions, government or semi-government or under taking or private institute in respect of bank, P.O., insurance and some other institutions, consumers are being harassed daily and this case is very vital example in respect of the negligent manner of duties and dereliction of the duties on the part of the op PMG and Bank Authority is well proved but they have nothing to say in this regard.

In the above situation no doubt complainant is entitled to get a decree and he is entitled to get the matured amount of the 6 Nos. of National Savings Certificates from the Bank along with further interest w.e.f. the date of maturity till payment.In this regard Bank shall have to pay interest over the maturity amount in respect of those 6 Nos. of National Savings Certificates at the same rate as noted in the NSC from the date of maturity of the NSCs till 18.05.2012 and thereafter PMG shall have to pay similar interest over the matured amount w.e.f. 18.05.2012 till its full encashment by the Bank and after receipt of the maturity amount by the Bank along with interest to be paid by the PMG w.e.f. 18.05.2012 till its full payment and also interest from the date of maturity till 18.05.2012 to be paid, the op Bank shall pay entire amount to the complainant.

Op Bank shall have to pay the said total amount to the complainant within one month from the date of this order and PMG is also directed to release the maturity amount with interest as noted in the NSCs w.e.f. 18.05.2012 till its full payment to the Banking Authority.

For harassing the complainant in such a manner by both the ops i.e. PMG and Bank Authority, we are inclined to hold that complainant is entitled to get a decree as prayed for as he is not only harassed by the op but also he has suffered mental pain for the long years for the laches, negligent and deficient manner of service.At the same time complainant has suffered huge interest over the said maturity amount of the NSCs.

In the result, this complaint succeeds with cost.

Hence, it is

                                                    ORDERED

That the complaint be and the same is allowed on contest against op no. 1& 2 with cost of Rs. 5,000/- and same is allowed exparte against op no.3 with cost of Rs. 5,000/-.

Op no.3 Post Master General, Kolkata GPO is hereby directed to release the matured amount of the aforesaid 6 Nos. of National Savings Certificates along with smaller rate of interest as noted in the NSC w.e.f. 18.05.2012 till its full payment to the Bank op no.1 and on receipt of the same by the Bank Authority, op nos. 1 & 2 op nos. 1 & 2 shall disburse the said amount to the complainant along with same rate of interest as noted in the NSCs w.e.f. date of maturity till the date of 18.05.2012 and accordingly shall have to disburse the entire amount with interest as per this order to the complainant within 45 days from the date of this order, failing which further interest shall be paid both by the Bank and Post Master General after expiry of the stipulated date of 45 days till its full payment.

Even if it is found that ops are reluctant to comply the order, in that case severe penal action shall be started against the ops u/s 25/27 of C.P. Act 1986 for which further penalty and fine shall be imposed.

For harassing the complainant in such a manner for years together both the ops shall have to pay penal damages to this Forum to the extent of Rs. 25,000/- each within 45 days from the date of this order and if it is collected, it shall be deposited to this Forum and if it is collected the out of the total amount 50 percent shall be paid to the complainant and balance 50 percent shall be paid to this Forum and for non compliance, similar penal action shall be started against them for which they shall be liable to pay further penalty and fine etc.