DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                  Complaint no. 954                                                                                        

                                                                  Instituted on:  01.09.2015

                                                                   Decided on:    13.07.2016

1. Pawan Kumar Garg son of Shri Prem Chand Garg;
2. Smt. Mirg Naini wife of Shri Pawan Kumar residents of 69, N.G.M. Sunam, District Sangrur.

                                                …. Complainant

                                Versus

1. State Bank of Patiala, Bus Stand Road, Sunam, District Sangrur through its Branch Manager.
2. The Post Master, Post Office, Sunam, District Sangrur.  

                                          ….Opposite parties.

FOR THE COMPLAINANT    :       Shri Sanjeev Kansal,  Advocate                          

FOR  OPP. PARTY No.1          :      Shri Subhash Chander   Adv.

FOR OPP. PARTY NO.2                 :         Shri Kali Ram Garg, Advocate.

Quorum

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

ORDER:  

Sukhpal Singh Gill, President

1.             Pawan Kumar and Smt. Mirg Naini, complainants have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that they  had opened two PPF accounts number 5586 dated 5.7.2005 and number 5491 dated 4.1.2005  separately with the OP no.2. Thereafter they moved an application dated 02.04.2014 to the OP No.1 to transfer the above said PPF accounts  from OP No.2 to  the State Bank of Patiala i.e. OP no.1 which was forwarded to OP no.2.  The complainants made efforts to OPs to transfer the said accounts but the OPs were delaying the matter on one pretext or the other and ultimately the same were transferred on 30.05.20154 i.e. after the delay of two months.  So, the OPs are liable to pay interest of Rs.10737.12 for two months i.e. w.e.f. April May 2014 to Pawan Kumar, complainant number 1 and Rs.5113/-  to Mirg Naini, complainant number 2. The complainants made several requests to the OPs to pay the interest but OPs did not pay heed to the request of the complainants. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to complete pay the interest i.e. Rs.15850.12/- along with interest @18% per annum  till realization,

ii)     OPs be directed to pay to the complainants a sum of Rs.50000/- as compensation   on account of mental agony, harassment and Rs.10,000/- as litigation expenses.

2.            In reply filed by the OP no.1, it has been admitted that the complainants had submitted the application to the OP no.1 and OP no.1 had credited the amount in his account as claimed by him. As such, the complainant is estopped by his own acts and conduct.  It has been further stated that after receiving the application from the complainant for transfer of account, the same was forwarded to OP No.2 on 2.4.2014 and the account was opened on 30.05.2014 after receiving the same from OP No.2. The interest is credited by the system automatically, but on receipt of notice  from the complainant the department of I.T.S. was asked to do the needful and I.T.S. department, on consultation with R.Director P.P.F. New Delhi  the system had credited  the accrued interest in the account of the complainant. Information in this regard was given to the complainant.  As such the present complaint has become infructuous. Thus, there is no deficiency in service on the part of the OP No.1.

3.     In reply filed by the OP no.2, it has been stated that  the  applications for transfer of PPF accounts were  received at Sunam SO on 02.04.2014  which were forwarded to the Head Office Sangrur on 05.04.2014 for sanction which was received  on 03.05.2014. The interest upot  31.03.2014 ( for financial year 2013-14) for Rs.38374/-  ( in respect of PPF account number 5491) and Rs.73281/- ( in respect of PPF account number 5586) has already been posted / paid in the passbooks and ledgers of the said  PPF accounts.  The interest w.e.f. 1st April 2014 onward will be paid by the transferee office i.e. State Bank of Patiala Sunam. Thus, there is no deficiency in service on the  part of OP No.2.  

4.             The complainant has tendered documents Ex.C-1 to Ex.C-14 and closed evidence. On the other hand, OPs have tendered documents Ex.OP1/1 to Ex.OP1/5 and Ex.OP2/1 to Ex.OP2/2 and closed evidence.

5.             It is admitted by the OPs  that the  complainants have moved an application for transfer of their PPF accounts  from Post Office Sunam i.e. OP No.2 to  State Bank of Patiala i.e. OP no.1.  Only dispute in this case is on account of non-providing the interest amount on the PPF amount by the OPs for the period w.e.f.  April-May, 2014.

6.             It is specific case of the OP No.1 that the interest is credited  by the system automatically but on receipt of notice from the complainants, the department of I.T.S. was asked to do the needful and I.T.S department on consultation with R.Director P.P.F. New Delhi the system has credited  the accrued interest in the accounts of the complainants. To prove this version, the OP no.1 has produced on record copies of statements of accounts of the complainants Ex.OP1/4 and Ex.OP1/5.

7.             During the pendency of the present complaint,  learned counsel for the complainants has argued that OP No.1 has  paid interest amount after filing the present complaint  and as such the complainants are entitled  for further interest on the interest amount paid by the OPs.  At the same time , learned counsel for the OP No.1 has made a statement that State Bank of Patiala, Near Bus stand Sunam OP No.1 will pay  the interest i.e. Rs.934/-  on an amount of Rs.10737/- in the account of Mr. Pawan Kumar, complainant number 1 and  Rs.444/- on an amount of Rs.5103/-  in the account of Mirgnaini, complainant number 2 within one month.

8.             In view of the facts stated above, we feel that  the OP no.1 paid the interest amount during the pendency of the present complaint which shows the negligence and deficiency on the part of the OP no.1.  Further,  the complainant was compelled to file the present complaint in this matter. Accordingly, we partly allow the present complaint  and direct the OP No.1 to credit/ pay Rs.934/- to Mr. Pawan Kumar, complainant number 1 and  also to credit/ pay Rs.444/- to Smt. Mirgnaini, complainant number 2 within one month of this order, as per the statement of their learned counsel made on 08.07.2016.  We further order the OP No.1 to pay to the complainants consolidated amount of Rs.5000/- being compensation on account of harassment, mental tension and litigation expenses. 

9.             This order of ours  shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                     

                Announced

                July 13, 2016

  ( Sarita Garg)    ( K.C.Sharma)          (Sukhpal Singh Gill)                                                                                                                        Member          Member                                President

BBS/-