MRS. SUSMITA MISHRA, PRESIDENT :-
The Complainant namely Mitali Priyadarshini Das has filed this consumer complaint Under Section -35 of the Consumer Protection Act,2019 alleging negligence and deficiency in service in Postal Service against the above named Ops and seeking the following relief:-
“ Let the Ops be directed to disburse the pending amount of Rs.40,000/- along with its up to date interest till yet in favour of the Complainant and to give the scheduled claim amounts for compensation, mental agony, irreparable loss sand litigation expenses”
Brief facts of the case:-
- The facts as per the complaint petition in short is that the complainant Op No.1 i.e the Sub-Post Master, Batipara Post Office, At/Post:- Batipara, Ps-Aul and Dist:-Kendrapara. All KVPs had been purchased in the name of the Complainant mentioned above. The face value of each KVP was Rs.1,000/- and one is of Rs.10,000/- vide A/c No. 27AB640647 to 27AB640661and another A/c. No.5500010229 respectively. It is also stated by the Complainant that first 15 numbers of KVP Bond s matured in the month of December-2023 and the payable amount is Rs.30,000/- by the addressee No.1.In this regards the Complainant deposited all the bonds and required documents to the addressee No.1.But the addressee No.1 without paying this matured amount played a dilatory tactics. Therefore due to urgent need of money the Complainant surrendered the 16th No. of KVP vide No. 5500010229 before the matured date as the same is opened on dtd.28.04.2017 and the maturity date is 28.09.2026.As per direction of the Op No.1 the Complainant submitted all the required documents before Op No.1 with proper receipt. After that the OP No.1 assured her to comply the same shortly after maintaining Officials procedure and will disburse the entire mature amount of the 15 No. of KVPs Bond along with the pre-matured surrender KVP Bond . But unfortunately in the meantime six months have already been completed but the OP No.1 to 3 have not disbursed the above said KVPs matured amounts to the Complainant. Finally OP No. 1 to 3 have refused to disburse the matured amount to the Complainant without any valid reason for which the Complainant sustain irreparable loss, mental agony and harassment which cannot be compensate at any cost due to non-payment of KVPs. Non payment of maturity amount which amounts to deficiency in service and negligence on part of the Ops. Hence this Complainant constrained to file the C.C.Case before this Commission.
- Notice was issued to the Ops by this Commission. None appeared on behalf of the OPs even after service of Notice and not filed any objection/written version to the Complaint. So, the Ops were set ex-parte on 14.10.2023. (Copies of postal tracking reports annexed as Annexure C/4 to C/6).
- We have heard the learned Counsel for the Complainant\.Carefully perused the complaint petition and documents available on records.
- After perusal of record, it is our considered view that the OPs have miserably failed to establish their case in their support by not filing any objection/written version in reply to the Complaint petition and have not filed any single scrap of paper to disprove the case of the Complainant, where as the Complainant has filed relevant documents in support of her case.
So, we are of the opinion that the Ops have committed gross negligence and deficiency in service and adopted unfair trade practice by not disbursing the KVPs maturity amounts to the Complainant for which the Complainant suffered a lot like financial loss, mental agony and harassment and we are also inclined to accept the contention made in the complaint petition filed by the Complainant along with documents marked as Annexure C/1 to C/4. So, the OPs are deficient in their service to the Complainant and as such the complainant is entitled to get relief as per her claim. Hence the orders:-
O R D E R
We therefore directing the Ops to pay a sum of Rs. 30,000/- alongwith interest @6% p.a. from the date of maturity till its realization to the complainant in respect of KVP No. 27AB640647 to 27AB640661 and the Ops shall also pay the pre-matured deposited KVP No. 5500010229 with its upto date interest. Further the Ops are directed to pay Rs. 5,000/-(five thousand) for mental harassment, financial loss and cost of litigation to the complainant within a period of 45 days from the date receipt of this order, failing which the Ops shall be liable for execution proceeding as per C.P.Act, 2019.
With the aforesaid observation and direction the C.C.Case No. 76/2024 is allowed and accordingly disposed off.
Issue extract of the copy to this order to the parties for compliance.
Order pronounced in the open Commission on this 9th day of December -2024.
I, agree,
Sd/- Sd/-
Member President