J U D G E M E N T
The case of the complainant in a nutshell is as follows:-
In this case complainant Sri Dipankar Gupta of Rampur, PO: Aruar, PS: Bhatar, Burdwan has filed this complaint against sub Post Master, Aruar Post office i.e. OP-1,
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Post Master, Dauradanga Post Office, under Guskara HPO, Burdwan i.e. OP-2 and Superintendent of Post Offices, Burdwan Division i.e. OP-3.
As per complaint it is seen that complainant is a resident of village Rampur under OP-1 and he is an account holder with a post office savings account under OP-2 vide account no. 492598 who subsequently issued a pass book in favour of the complainant. For proper maintenance of his account the complainant wanted to transfer his account in the office of the OP-1 and as such he applied before them. As per advise of the officials of the OP-1&2 complainant deposited his pass book in the office of the OP-1 on 18.12.2012 for transferring his pass book and on receiving the pass book the OP-1 issued an acknowledgement slip to the complainant showing a deposit amount of Rs. 90,200=00. From the date of receiving of the passbook the Ops are reluctant to transfer the account. The complainant made several approaches before the OP-1&2 on several occasions by asking the present status of the pass book but each and every time the Ops informed that within few days the account would be transferred but till date they have not done the same. The complainant sent written representations to the Ops on 25.02.2013, 06.5.2013 & 21.5.2013 but inspite of receiving those letter they neither gave any reply nor they pay any need to the words of the complainant. The complainant never had done any act detrimental to the interest of the Ops. Moreover, being a person of mediocre society, the complainant invested some funds with a hope for securing financial support in future but the Ops by their acts and conducts created not only mental pressure but also deprived him from his legal right. Those conduct of the Ops not only tantamount to act of deficiency in service but also unfair trade practice and through their acts they are liable to compensate the complainant. The cause of action of this case arose within the jurisdiction of this ld. Forum on 18.12.2012 when the OP received the pass book of the complainant. The complainant claims relief as under:-
- To transfer the pass book in the office of the OP-1,
- To give an interest @10% per annum on the deposited amount from the date of receiving of the pass book till date of transfer,
- Directing the OP-1, 2 & 3 to pay Rs. 20,000=00 as compensation towards mental pain and agony,
- Directing the Ops to pay Rs. 10,000=00 as litigation cost.
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The complainant has submitted documents like Xerox copy of acknowledgement slip, Xerox copy of letter dated 25.02.2013, 06.5.2013 & 21.5.2013.
It is found from the record that notices were properly sent upon the OP-1&2 but the OP-1&2 neither appeared nor filed written version to contest the case. So the case is taken up ex parte against the OP-1&2.
OP-3 has contested the case by filing written version denying the entire allegations made by the complainant in his petition of complaint. OP-3 submits that on departmental enquiry it appears that an application in Form No. SB 10(B) with pass book bearing no. 492598 was submitted by the complainant seeking his account to transfer from Deoradanga under Guskara sub Post Office to Aruar sub Post Office. The OP-1 when started to process such transfer under a renumbered pass book being A/c. No. 776240, to the utter surprise it transpires that entries of the pass book bearing no. 492598 under transfer does not tally with the concerned SB Journal entries and as such the impugned pass book was kept in custody of this office. it may be mentioned specifically that enquiry revealed that on 14.01.2011 with Rs. 200/- the SB Account No. 492598 were opened on the name of the complainant. On careful scrutiny of S.O. & H.O. records it further revealed that subsequently one deposit of Rs. 40,000=00 was credited into Govt. account on 21.01.2011 with the balance of Rs. 40,200=00. But no subsequent transactions were found as per SB book of Journal; whereas the entry on 21.01.2011 of Rs. 50,000=00 appears in pass book. Similar discrepancies appear in respect of withdrawal in the S.O. Ledger, but it does not appear withdrawal in the pass book. Particulars of the withdrawals are on 06.04.2011 Rs. 5,000/-, 08.4.2011 Rs. 5,000/-, 13.4.2011 Rs. 5,000/-, 19.4.2011 Rs. 5,000/-, 08.6.2011 Rs. 5,000/-, 10.6.2011 Rs. 5,000/- and 22.6.2011 Rs. 5,000=00 i.e. in all about is Rs. 35,000=00. It further reveals in S.O. Ledger the balance left is Rs. 5,722=00 which includes interest of 2010-2011 & 2011-12 i.e. excluding interest the balance is left at Rs. 5,200=00. Whereas the pass book reveals balance for the same period is Rs. 90,200=00. The OP-3 further states that due to aforesaid discrepancies of balance, the pass book of complainant has been collected by I.P., Guskara for a detailed enquiry which is still under process. In such circumstances the enquiry as aforesaid is still under its process. It is absolutely misstatement of fact that the Op did not pay any heed to the complaint. At such circumstances it cannot be said that there is any deficiency in service on behalf of the OP. On the other hand, the complainant’s present claim is a premature one only to shut the departmental enquiry for some malafide purpose or unlawful gain.
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-: Decision with reasons :-
On going through the statement, records submitted and argument from both sides it is observed that the complainant applied to OP-1 for transfer his SB account from OP-2 being A/c. No. 492598 which was deposited to OP-2 on 18.12.2012 with a balance amount of Rs. 90,200=00. The said account was not transferred to OP-1 till the date of filing i.e. even after passing of one year and nine months. The reason as cited for this by OP-3 is that there was an anomaly in the entries of the pass book and subsequent withdrawal for which a departmental enquiry is in process and they are not in a position to transfer the said SB pass book. As per OP-3 the complainant deposited Rs. 40,200=00 in the said pass book and made an withdrawal of Rs. 35,000=00 in the year 2011 showing a balance of Rs. 5,722=00 including interest for the year 2010-11 & 2011-12 and excluding interest it comes to Rs. 5,200=00 whereas the pass book reveals balance of Rs. 90,200=00.
It is not understood why the complainant will suffer for non-issue of pass book even after one year and nine months. It is a glaring example of deficiency in service on the part of the Ops that proper entries are not made in the ledger or pass book. The complainant has applied for transfer of pass book which is as per rule and the Ops have miserably failed to transfer the same. Even the complainant is not appraises of the situation. Further departmental enquiry is not completed in this one year and nine months which tells that the matter was taken up by the Ops most casually. However, as departmental enquiry is involved we are not going to the actual amount of the said pass book but the complainant cannot suffer for withdrawal even if he possess single rupee in his account. Hence, it is
O r d e r e d
that the petition of complaint is allowed on contest against the OP-3 and allowed ex parte against the OP-1&2. The Ops are directed to take proper step jointly or severally for issuance of the pass book to the complainant within one month from the date of this order, alternatively will issue a duplicate pass book to the complainant free of cost for functioning in all purpose showing the amount as provisional amount. Ops are also directed to pay interest jointly or severally as prevalent in the said period in the SB pass book. The Ops are further directed to pay
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jointly or severally Rs. 5,000=00 (Rs. Five thousand) only as compensation for mental pain and agony and Rs. 2,000=00 (Rs. Two thousand) only as litigation cost to the complainant within 45 (forty five) days from the date of passing of this order, failing which the complainant will be at liberty to put the entire order into execution as per provisions of law.
Let a free copy of this order be supplied to the parties free of charge.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Durga Sankar Das)
Member
DCDRF, Burdwan
(Silpi Majumder) (Durga Sankar Das)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
