BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 139 of 2017
Date of Institution : 15.06.2017
Date of Decision : 10.11.2017
Smt. Laj Wanti wife of Sh. Subhash Chander resident of house No.434 Gali No.1, Near Neeru Bajaj House, Inderpuri, Band Gate, Sirsa(Haryana)
……Complainant.
Versus.
1. The Sub Postmaster, Begu Road, Sirsa.
2. The Superintendent, Post Offices, Hisar.
3. The Chief Postmaster General, Haryana Circle, Ambala.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT
SMT. RAJNI GOYAT…… MEMBER.
SHRI MOHINDER PAUL RATHEE……MEMBER.
Present: Sh.Subhash Chander husband of the complainant in person.
Sh. Rajesh Arora SDI, on behalf of the opposite parties.
ORDER
In brief, the case of complainant is that complainant opened RD A/c No.52000/317 to 827 with OP No.1 on 21.02.2011 with an initial deposit of Rs.5100/- for the month of February, 2011. She continued to deposit Rs.5100/- per month upto January, 2016 in this account and as such the principal amount under this account stood at Rs.306000/- as on 31.01.2016. The account of the complainant stood matured for payment of Rs.306000/- as principal and Rs.65739/- as interest the total amount being Rs.371739/- on 21.02.2016 for which complainant visited OP No.1 on 23rd, 24th February, 2016 (21st and 22nd February being holidays) to collect the same but found the sub post office closed. She could lodge her claim for release of maturity amount from op no.1 on 25.2.2016 and op no.1 promised to deliver the maturity cheque on 27.2.2016. The complainant visited OP no.1 to collect the maturity cheque on 27.02.2016 but OP No.1 did not deliver the same and returned the claim with the information that the entire concerned record had been sent to their higher authorities for computerization of all accounts being maintained at his office and that he will able to deliver the maturity cheque after 15 days. OP No.1 further told that the post office will not pay any interest on the maturity amount after the date of maturity i.e. 21.02.2016. It is further averred that complainant submitted first notice dated 1.3.2016 informing op no.1 that she had learnt that if op no.1 pays her or she claims the maturity amount after one month of maturity i.e. 21.3.2016 or thereafter, the op no.1 can pay her interest at the rate of RD interest i.e. @8.40% till the date of actual payment. She further expressed her willingness to accept the payment on or after 21.3.2016 if op no.1 was ready to pay interest @8.40% per annum till the date of actual payment. It is further averred that in response to legal notice dated 1.3.2016, op no.2 vide letter No.SB/Legal notice/ summon/ 2015-16/ Hisar dated 10.3.2016 accepted all her contentions of legal notice dated 1.3.2016 except that op no.1 had advised her to visit and collect cheque after 4-5 days. The complainant also did not receive any call from op no.1. OP no.2 further clarified that if she claims the maturity amount after one month of maturity, she will be entitled for saving account interest only and not that of RD account. It is further averred that finally op no.1 released a cheque dated 23.3.2016 of Rs.3,72,978/- inclusive of Rs.1239/- on account of saving account interest @4% per annum on Rs.3,71,739/- for the delayed period i.e. one month which she received under protest. It is further averred that finding the less amount of interest, she submitted second legal notice dated 28.3.2016 in person with op no.1 with the advise to pay further a sum of Rs.1406/- alongwith further interest @9.30% per annum with quarterly rests from 21.3.2016 till the date of actual payment, within one week giving detailed calculation of interest in the notice itself and she wished to deposit this amount in senior citizen account with any bank/ post office, interest whereof was @9.30% per annum with quarterly rests. It is further averred that op no.2 gave reply vide letter dated 1.4.2016 contending that the interest already paid was correct and reason for delay in receiving the amount rested upon her which is not true. The op no.2 also enclosed copy of rule vide SB Order No.31/2011 and further contended that nothing is payable by them to her on account of interest. The said rule does not apply in her case as she attended the post office well in time i.e. within four days. That she made appeal to op no.3 vide letter dated 22.9.2016 which has also been turned down vide letter dated 7.11.2016 asserting that suitable reply has already been provided and no further action is required. It is further averred that she finally submitted letter dated 21.11.2016 with op no.1 for release of balance amount of interest but no response was received till 1.6.2017, therefore, she finally visited the post office personally on 2.6.2017 and requested to op no.1 to release the balance amount of interest to which op no.1 refused to release even a single penny. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement in which they have taken preliminary objections regarding no cause of action, maintainability, complainant has not exhausted the Departmental Channel available to her, the Consumer Protection Act is in addition and not in derogation of any other existing law being in force vide Rule-3 of the Consumer Protection Act. On merits they have admitted that the depositor Smt. Lajwanti opened RD account No.52000/317 to 827 with op no.1 on 21.02.2011 with on initial deposit of Rs.5100/- for the month of February, 2011. Maturity value of Rs.371739/- was due for payment on 21.02.2016 in lieu of principal amount of Rs.306000/- with interest of Rs.65739/-. The depositor visited the Post Office on 21.03.2016 and earlier her husband visited Post Office and wanted to take payment without any authority letter from the real depositor. The account holder i.e. Smt. Lajwanti did not attend the post office of op no.1 i.e. Sub Postmaster Begu Road Sirsa for taking the payment of the RD accounts in question on the date of maturity i.e. 21.02.2016. She had come to collect the payment of these RD accounts on 23.03.2016. The op no.1 explained to the Account Holder that as per SB Order dated 13.12.2011, the depositor entitled to get interest @4% only as post maturity interest is payable for every complete month. On the response of legal notice dated 01.03.2016 vide SPOs Hisar letter no SB/Legal notice/summon/2015-16 dated 10.03.2016 the op no.2 clarified that the depositor is entitled for saving bank account interest only and not at the rate of interest paid on RD accounts after the maturity, as Post Maturity interest. All the amount which was due had been made to her as per rules and no amount is balance for payment to her. The accurate maturity value inclusive post maturity interest as per departmental rules was already paid to the complainant without any deficiency at the part of the ops. All the due amount had already been paid to complainant as per rule. Therefore, no harassment has been caused to the complainant in this regard. At the time of opening of these RD accounts in question with op no.1, the depositor had declared that she understood the PO SB General and other rules related to her accounts and she shall abide by such rules framed by the Central Government as may be applicable to these accounts from time to time. That there is no deficiency in service on the part of the ops and hence the complainant is not entitled for any kind of compensation and that complaint of the complainant is liable to be dismissed with cost.
3. The parties have led evidence in the form of affidavits and documents. The complainant has tendered Ex.CW1/A-her own supporting affidavit; Ex.CW2 payment order; Ex.CW3 photocopy letter for deficiency of service, Ex CW4, Ex. CW5 Legal notice, Ex.CW6 photocopy of SBI SF A/C No.86123121608, Ex.CW7 letter dated 1.4.2016, Ex.CW8 photocopy of letter and Ex.CW9 photocopy of letter dated 7.11.2016, Ex.C10 copy of letter dated 10/21.11.2016. On the other hand OPs tendered Ex.R1-affidavit of T.C. Sharma, Superintendent of Post Offices Hisar Division, Ex.R2 photocopy of Annexure-A, Ex.R3 Corrigendum-III, Ex.R4 photocopy of letter dated 1.3.2016, Ex.R5 photocopy of Annexure-B and Ex. R6 legal notice dated 28.3.2016.
4. We have heard representative of the complainant and Sh. Rajesh Arora, SDI on behalf of opposite parties and have gone through the pleadings and documents of the parties very carefully.
5. There is no dispute about the opening of RD account No.52000/317 to 827 with opposite parties on 21.2.2011 and its maturity value of Rs.3,71,739/- payable on 21.2.2016. The account holder has already been paid the maturity value of the said RD amounting to Rs.3,72,978/- including delayed interest amounting to Rs.1239/- by postal authorities. The complainant has further confirmed through her representative Mr. Subhash that she received this amount of Rs.3,72,978/- vide cheque dated 23.3.2016. The complainant has argued through her representative that she is entitled to more interest amounting to Rs.1406/- on the maturity value of Rs.3,71,739/- being the RD interest @8.40% per annum instead of saving fund interest @4%. It has further been averred that had she received the amount in time, she would have deposited this in senior citizen account with any Bank/ Post office where interest was @9.30% per annum with quarterly rests. The delay in payment of maturity value was at the hands of post office, hence she is entitled to higher rate of interest. In support of her claim, she has stated that since the post office was closed on 22.2.2016 to 24.2.2016, she visited on 25th February 2016 and lodged claim on 25.2.2016 and was told to come on 27.2.2016. Again she visited on 27.2.2016 but op no.1 did not deliver the maturity proceeds of RD in question. She was told that record has been sent to Hisar for computerization. Thus post office authorities refused to pay the maturity proceeds on her demand/ maturity date. A notice was served in this regard by her on 1.3.2016 for payment of maturity proceeds alongwith original pass book and ID proof copy. In Para 6 of this letter, she has clearly desired that “I am ready to accept the payment on or after 21.3.2016 if the post office pays interest till the date of actual payment” i.e. interest @8.40% per annum and ultimately she got the payment amounting to Rs.3,71,739/- alongwith interest amounting to Rs.1239/- at the rate of 4% on 3,71,739/- for one month and thus totaling amount of Rs.3,72,978/- vide cheque dated 23.3.2016. Now her claim is for payment of Rs.1406/- being the difference of interest on the maturity proceeds i.e. at the rate of 8.40% which is rate of RD in question for the delayed period of one month and in addition to interest @9.30% per annum till the date of payment of Rs.1406/-. In support of her claim, she produced copy of Indian Contract Act, 1872 and referred clause No.73 regarding breach of contract and quoted that post office authorities have breached the contract of payment on due date and hence she is entitled to compensation for any loss or damage caused to her. Reliance in this regard is placed on case titled as Paras Nath Singh Vs. Post Master, Distt. Bokaro, Revision Petition No1746 of 2005.
6. On the other hand, Sh. Rajesh Kumar, SDI of Head Quarter, Fatehabad argued and confirmed that the RD in question was matured on 21.02.2016 and Rs. 3,71,739/- was payable as maturity value. Due to unavoidable circumstances and process of computerization, the payment to the account holder was made on 23.03.2016 amounting to Rs.372978/-including Rs.1239/- on account of delayed interest. As per rules of the post office Ex. R3 it is laid down that “PMI is to be calculated for the complete month from the date of maturity and remaining part of the month is to be ignored”. In terms of the laid down rules of the post office, the account holder of the said RD was entitled to 4% rate of interest i.e. saving fund interest rate and was paid Rs. 1239/- accordingly as delayed interest alongwith maturity proceeds vide cheque dated 23.03.2016. Now nothing is payable by the post office to the complainant and complainant has been advised vide letters dated 10.03.2016 (ExCW4), 1.04.2016 (Ex.CW7) and again on 7.11.2016.
7. Further the record placed on file reveals that account of RD in question was opened on 21.2.2011 and matured on 21.2.2016. The postal authority has quoted the rules (SB order No.31/2011) dated 13.12.2011 circulated vide letter dated 20.1.2012 (Ex.R3) which is after the opening of the said RD account. This document has laid down through an example to pay interest for delay of one complete month and part of month is to be ignored. In response to complainant’s letter dated 1.3.2016, the postal authorities made clear vide letter dated 10.3.2016 to her that she was entitled to overdue interest at the rate of saving fund and not RD rate for complete month after maturity of the said RD. It is established beyond any doubt that the complainant knowingly and being fully aware of this rule delayed receiving of payment up to 23.3.2016 with a view to earn saving fund interest @4% per annum on her RD maturity value. The case quoted by the complainant is not applicable in this case being on different circumstances and in our opinion there is no breach of contract as she knowingly delayed to receive the payment after being informed vide document dated 10.3.2016 by post office. But however, since the complainant is claiming more interest on the delayed payment, same can be paid only under the rules prevalent at that time.
8. In view of the above discussion, we hereby partly allow the present complaint and direct the post office authorities to recalculate the amount of interest under the rules and pay the same if payable after deducting the amount of interest already paid by the post office. This order should be complied by the ops within a period of 30 days from the date of receipt of copy of this order. Parties are left to bear their own costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:10.11.2017. Member Member District Consumer Disputes
Redressal Forum, Sirsa.
