MR. NAYANANANDA DASH,PRESIDING MEMBER -
Deficiency in Service in respect of non-disbursement of disposal amount in the S/B Account are the allegation arrayed against Ops.
2. Complaint in brief reveals that, Complainant’s deceased mother opened a S/B Account before Op No.1, bearing S/B Account No. 115448 and after death of Complainant’s mother an amount of Rs. 9300/- remains in the said S/B Account. After death of the Account holder, the father of the Complainant submitted necessary documents before Op No.1 and obtained proper receipt on completion of procedure on dt. 19/3/2014, the matter was sent to Op-4 for final approval and sanction. As the complainant’s father was old and not able to move, Complainant contacted Op No.1 to 3 on the month of April-2017to receive the amount, but Op-3 assured the complainant to wait for 3 months for release of the amount. On non-release of amount, Complainant met Op-4, who told that no-matter is pending before the office and advised the complainant to met Op-1 to 3. On dtd. 20/12/2017 the Op-1 to 3 refused make any payment, being aggrieved complainant files this complainant in capacity of successor-in-interest and preys this Forum seeking a direction to Ops to release amount of Rs. 9,3000/- with upto date interest and to pay a compensation of Rs. 40,000/-, which includes Rs. 10,000/- as cost of litigation.
3. Upon Notice Ops appeared through their Ld. Counsel and filed joint written version into the dispute by stating that, Complainant’s S/B Account bearing No. 115488 opened in the name of Complainant’s deceased mother Sarojini Padhi and the S/B Account was not having any ‘Nomination’, and as per the Post Office Savings Bank General Rules, 1981 no amount can be disbursed without a succession certificate issued under Indian Succession Act, 1925. It is also submitted that, the claim papers were erroneously misplaced in the office of the Op-3 and complainant has not brought to the notice of the Op-4 regarding non-release of deposited amount, though there are different Forms available in the Department for redressal of such grievances. It is also averred that after tracking of claim application of Sri Biswanath Padhi in the office of Op-3 and after completion of official formalities, Op-4 has issued a sanction memo no SB/D-2-779/2018 dtd. 6/3/2018 (Annexure-R/4) with a copy to Sri Biswanath Padhi vide registered letter No. RO74026964IN dtd. 9/3/18 which was delivered on dt. 15/3/2018 to receive the amount from the office of Op-3. As the Complainant has not made any representation before appropriate authority is not entitled to get any compensation or cost of litigation as claimed end the case is filed as time-barred. Under these circumstances, Ops prey this Forum for dismissed of the Complaint.
4. Heard, the Ld. Counsel appearing for the Complainant and case of Ops on merit, perused the documents field into the dispute, the admitted facts of the case are that, Complainant’s deceased mother namely Sarojini Padhi opened a S/B Account with Op-1 Branch Office bearing No. 15448 with remaining balance of Rs. more than 9,000/-(Nine thousand only). It is also a fact that, after death of the Account holder and till filing of the present complaint, the deposited amount was not released inspite of lodging of claim.
In the written statement, Op-Deptt. addmits that on tracking of misplaced claim application in office of Op-3 and on its settlement, sanctioned the amount including the interest as admissible has been sent to Sri Biswanath Padhi by Regd. Post. The version of Op-Deptt. is supported by Annexure-R/4. It is further submitted that an instruction may be given to Complainant-Petitioner to take the payment from Op-2 by producing their Pass-book and account closure Form. In the circumstances, it is clear that Ops have already released the claim amount which is pending before Op-2. This Forum is not informed whether the claim amount has received the amount or not? If the claim amounts alongwith other financial benefits are not received by the claimant-complainant same to disbursed to the complainant as per the departmental rules. Further, when the grievances of the complainant was redressed by the Op-2 Deptt. after filing of the litigation. The Complainant deserves cost of litigation. Complainant’s prayer for compensation of Rs. 30,000/- is on a higher side, and she has not made any written complaint to the authorities on delayed disbursement of deposited amount, but the complainant is entitled to simple rate of interest from filing of the date of claim application for till its realization. If the Op-Dept. has not calculated or paid the interest for the said period same be released in favour of complainant-claimant.
Having observations reflected above, it is directed that Op No.2 will disburse the deposited amount on S/B Account No. 115448 along with interest as per our observation made above on presentation of required documents by the Complainant, if the deposited amounts are not disbursed earlier. It is further directed the Op-Deptt. will pay an amount of Rs. 1000/-(Rs. One thousand only) as cost of litigation. Op-Deptt. shall comply the order within one month of receipt of this order, failing which action will be initiated against eh Ops as per the provisions of C.P.Act-1986.
Complainant is allowed in part on with cost on merit.
Pronounced in the open Court, this the 22th day of May, 2018.
I, agree
Sd/- Sd/-
MEMBER PRESIDING MEMBER
