Complaint Case No. 119/2015 | ( Date of Filing : 13 Oct 2015 ) |
| | 1. Thakur charan Sarkar,S/O.late.Beraswar Sarkar. | Vill.MPVB-10,Pulimetla,PO.Saradapalli,Dist-Malkangiri,Odisha. |
| ...........Complainant(s) | |
Versus | 1. Sub Post Master,Sub post Office,Kalimela,Ps.Kalimela, | Kalimela, | Malkangiri | Odisha | 2. S. Manoj, Postal Assistant, Kalimela | P.S. Kalimela | Malkangiri | Odisha | 3. Satyajit Kumbhar, Postal Assistant, Kalimela, | P.S. Kalimela, | Malkangiri | Odisha | 4. Post Master, Malkangiri, | Near SBI, Malkangiri, | Malkangiri | Odisha | 5. Head Post Master, Head Post Office, Jeypore, | P.O. /P.S. Jeypore, | Koraput | Odisha | 6. Sr. Superintendent of Post Offices, Head Post Office, Jeypore, | P.O. /P.S. Jeypore | Koraput | Odisha |
| ............Opp.Party(s) |
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Final Order / Judgement | - Brief fact of the case of the complainant is that he had purchased 8 nos. of Kisan Bikash Patra for amounting Rs. 44,000/- from Kalimela Sub Pos Office bearing Regn No. 1250 which would be doubled i.e. to be Rs. 88,000/- after 8 ½ years from the date of purchase. It is also contended that on 10.07.2015, he went to Kalimela Sub Post Office in order to get his maturity amount of Rs. 88,000/- and he approached the O.P.No.1 for his due payment but he was directed to come to the Post Office after one week for his payment. Accordingly, he again went on after one week but again the O.P No. 1, 2 & 3 directed him to come on later as they were busy in postal day to day activities, for which he attended the post office 15 times in two to three days intervals, but on 15.09.2015 while he was in the post office, the O.P.No.2 & 3 misbehaved him in presence of other customers who were present there and made him get out from the campus of post office by applying force, for which he returned back to his house with mental agony and physical harassment and with other allegations, he filed this case with a pray to direct the O.Ps to pay Rs. 88,000/- with interest and further to direct the O.Ps no. 1, 2 & 3 to pay Rs. 50,000/- as compensation and Rs. 20,000/- towards cost of litigation to him.
- On the other hand, the Opp. Parties have appeared in this case and filed their joint counter admitting the issuance of 8 nos. of Kisan Bikash Patra amounting to Rs. 44,000/- have denied the allegations of complainant stating that the maturity date of alleged Kisan Bikash Patra are 08.08.2015, but the complainant approached the Kalimela Sub Post Office on 10.07.2015 for his due payment whereas they have requested him to come after maturity i.e. on 08.08.2015. It is contended that since the post offices are under the track of modernization and computerization to provide better service to the nation, as such Kalimela Sub Post office is facing hurdles due to the lack of proper web network and continuous power supply.It is also contended that on the day of 15.09.2015 the staffs are over busy due to non functioning of computer and at the time of over crowdingof counter with public, the complainant demanded his maturity payment in shape of cash, and emphasizing the Rule 56(1) (xviii) of POSB Manual vol. II, they denied to pay the said amount as it was over Rs. 20,000/- and with other contentions they prayed to dismiss the case of the complainant, as the maturity amount has already paid to him.
3.Parties have filed certain documents and affidavit. We perused the documents available in the record. - In the instant case, it is an admitted fact that the complainant had purchased 4 nos. of Kisan Bikash Patra of Rs. 1000/- each and 4 nos. of Kishan Bikash Patra of Rs. 10,000/- each, in total the complainant had purchased 8 nos. of Kisan Bikash Patra (in short KVP) total amount of Rs. 44,000/- on 08.01.2007 from the O.P.No.1 vide Regd. No. 1250 dated 08.01.2007. It is also evidentiary fact that the KVPs purchased by the complainant, will be doubled after 8 years and 7 months i.e. on 08.08.2015. Further it is found out that the complainant approached the O.P.No.1 for maturity value on 10.07.2015 but was advised to come on after one week and after one week while he met with the O.P.No.1, the O.P.No. 1, 2 & 3 again have advised to come on later and for that the complainant has been to the office of O.P.No.1 for about 15 times in two to three days intervals and on 15.09.2015, the O.P. No.2 & 3 misbehaved him in presence of other customers who were present inside the post office and made him get out from the campus of post office by applying force.
Whereas the Ops have admitted in sub para no. 3 of para 4 that the complainant approached the O.P.No.1 on 10.07.2015 and that they requested the complainant to approach them on or after the maturity date i.e. 08.08.2015. From the above submissions of the O.Ps, it is prima facie evident that the complainant had approached the O.Ps for his matured amount on 10.07.2015 and it is the duty of the O.Ps that as per norms of the said KVPs, the due payment could have been settled as pre-matured one, as the provisions mentioned in those KVPs clearly stated that “The Government of India promises to pay to Thakur Charan Sarkar, S/o Late Beraswar Sarkar, MPV-10, Pulimetla, Mkg on any date after the expiry of two years and six months , from the date of issue of this certificate, the amount specified on the reverse as due on such date. This certificate is issued pursuant to Government of India, Ministry of Finance Notification No. G.S.R. 588 (E) dated the 2nd September, 1993, as amended”. Hence it can be safely concluded that the O.Ps could have settled the matured amount on premature basis, as the complainant had approached the O.Ps on 10.07.2015 and by not settling the KVPs as pre mature basis, is clearly deficiency in service on the part of O.Ps. - Further it is an evidentiary fact that the total maturity amount of Rs. 88,000/- has been paid to the complainant on 02.12.2012, which is revealed from the Annexure – 3 filed by the O.Ps and so also the complainant at the time of hearing has admitted that he has received the matured amount of Rs. 88,000/-, hence it can be safely concluded that the complainant has received his matured amount without any objection.
- Further the allegations of complainant regarding misbehave made only by the O.P. No. 2 & 3 in front of other customers and made him get out from the campus of post office by applying force, has never been specifically denied or challenged by the O.Ps, hence the allegations of complainant remained unchallenged to that effect, hence it can be presumed that the complainant has been misbehaved by the O.P.No. 2 & 3 and has been faced mental agony as well as physical harassment.
- Hence, it can be safely concluded that in the case in hand, though the complainant has received the matured amount of Rs. 88,000/- without any objection, but he has been suffered mental agony and physical harassment only to due to the misdeeds and misbehave made by the O.P. No. 2 & 3 and filed this case incurring some expenditures, as such he is entitled for some compensation and costs.
ORDER Considering the fact and circumstances of the case, the present case is allowed in part and the O.Ps are jointly and severally, are directed to pay Rs. 4000/- towards compensation and Rs. 1000/- towards costs to the complainant. Further the O.Ps No. 1, 4, 5 & 6 are at liberty to recover the said compensation amount and costs from the O.P. No. 2 & 3 equally, within 30 days from the receipt of this order, failing which the compensation amount shall carry interest @ 10% p.a. from the date of this order. Pronounced in the open Forum on this the 7th day of December, 2017. Issue free copy to the parties concerned | |