Haryana

Panchkula

CC/42/2016

SANGEETA - Complainant(s)

Versus

SUB POST MASTER. - Opp.Party(s)

COMPLAINANT IN PERSON.

12 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                               

Consumer Complaint No	:	42 of 2016
Date of Institution	:	23.02.2016
Date of Decision	:	12.08.2016

 

Sangeeta W/o Sh.Rakesh Kumar, R/o H.No.999, Sector-11, Panchkula.

 

                                                                                      ….Complainant

Versus

Sub Post Master, Sector-4, Panchkula.

 

                                                                                      ….Opposite Party

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

 

Before:                 Mr.Dharam Pal, President.

              Mrs.Anita Kapoor, Member.

              Mr.S.P.Attri, Member.

 

For the Parties:     Mr.Balwant Raj, authorized representative for the complainant. 

Ms.Veena Bhutani, Adv., for the Ops.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint against the Op with the averments that she and her husband issued a cheque of Rs.2,00,000/- in favour of OP for purchase of Kisan Vikas Patra which was encashed by the OP on 14.12.2015 and the amount was credited in her account. Kisan Vikas Patra was issued in favour of the complainant but instead of putting the date of issue as 14.12.2015, on which date the amount had been credited, the Kisan Vikas Patra was issued on the date of 16.01.2016 which meant there would be a delay of about 32 days in the maturity of the bonds. The complainant made a written request to the Op to amend the date from 16.01.2016 to 14.12.2015 (Annexure C-1) but to no avail. The complainant again personally requested the Op to amend the date from 16.01.2016 to 14.12.2015 but to no avail. This act of the opposite party amounts to deficiency in service on its part. Hence, this complaint.
2. The Op appeared before this Forum and filed written statement. It is submitted that the complainant presented the cheque of Rs.2,00,000/- for issuance of KVPs in Post Office, Sector-4, Panchkula on 10.12.2015 which was forwarded to Sub Post Master, Sector-8, Panchkula on the same day for clearance being a member of clearing house. It is submitted that the cheque was clared on 14.12.2015 and the amount of the cheque was credited in to Govt. account on 15.12.2015. It is submitted that cheque clearance certificate issued by State Bank of Patiala, Panchkula  was received by OP through Post Office, Sector-8, Panchkula on 17.12.2015. It is submitted that the Data of Op migrated into CBS on 16.12.2015 and Post Office migrated on CBS (Finacle) on 21.12.2015 and the period between 21.12.2015 to 15.01.2016 the facility of issue of KVPs was not available in the system software due to some technical problem and the official of OP issued the KVPs on 16.01.2016 instead of date of clearance of cheque inadvertently and due to lack of knowledge. It is submitted that the Op received only one complaint dated 06.02.2016 and the OP referred the matter to circle office vide letter dated 11.02.2016 for correction of date of issue of KVPs w.e.f. date of clearance of cheque i.e. 15.12.2015 instead of 16.01.2016 because there was no provision in system software to change the date of issue frequently. It is submitted that the complainant was informed that the matter under reference was forwarded to circle office Ambala and necessary guidelines and clarifications are awaited. It is submitted that the Op has also issued reminder for correction of date of issue of KVPs to the circle office Ambala was issued on 10.03.2016 and the complainant was informed accordingly but the complainant filed the present complaint although the action on her letter dated 06.02.2016 was in progress. It is submitted that the OP was trying to amend the date from 16.01.2016 to 14.12.2015 and the matter has been referred to Accounts Officer ICO (SB) HR Circle, Ambala. Thus, there is no deficiency in service and unfair trade practice on the part of Op and prayed for dismissal of the complaint with costs.
3. In order to prove the case, the authorized representative for the complainant has tendered in evidence affidavit Annexure C-A alongwith document Annexure C-1 and closed the evidence. On the other hand, counsel for the Op has tendered in evidence affidavit Annexure R-A alongwith documents Annexure R-1 to R-4 and closed the evidence.
4. Heard. The authorized representative for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for Op reiterated the averments made in the written statement and prayed for its dismissal.
5. Purchasing of Kisan Vikas Patra by the complainant and depositing of money with the OP is not in dispute. It is also not disputed that the cheque qua purchasing of KVP was cleared on 14.12.2015. The grievance of the complainant is that despite receiving the amount on 14.12.2015 the OP had issued KVP only on 16.01.2016.
6. As noted earlier, the payment was accepted by the Postal Department and KVP were issued to the complainant.  It is strange that the Postal Department kept the payment invested by the complainant but issued KVP after 32 days. Being a vigilant consumer the complainant has brought the same into the knowledge of the OP but instead of redressing her grievance the OP made correspondence with the higher authorities qua the change of the date only.  The OP has come with the plea that the facility of issuance of KVPs was not available in the system software due to some technical problem and the official of OP issued the KVPs on 16.01.2016 instead of date of clearance of cheque inadvertently and due to lack of knowledge.  Had it been so, then the OP should have redressed the grievance of the complainant expeditiously but it has not done so resulting into filing of the present complaint.  The complainant intimated OP qua this mistake only on 06.02.2016 and thereafter filed the present complaint on 23.02.2016 but the OP till today has not submitted the status whether the grievance of the complainant has been redressed or not. Though the OP has placed some letters on the case file as Annexure R1 to Annexure 4 in order to show that the process for rectification of date in KVP is on but it does not set it free from the liability of being service provider. After investing the money, the complainant was not expected to chase the department for the wrongs/errors done on its behalf. The plea of Postal Department that due to technical error KVP was not available in the system software due to some technical problem and the official of OP issued the KVPs on 16.01.2016 is not tenable because from a financial institution of Government of India such like treatment qua the investor in callous manner is depreciable. It was for the Op to redress the grievance of the complainant as expeditiously as possible but after passing six months of the lodging of the complaint the OP has done nothing. It is worthwhile to mention here that good governance in a civil society must be marked by a sense of dispatch and certainty. The complainant would, in terms of the provisions contained in the proviso to Rule 13(1) of the Post Office Savings Certificates Rules, 1960 (as made applicable by virtue of Rule 3 of the Kisan Vikas Patra Rules, Page 2688 1988), be entitled to interest at the applicable rate as stipulated therein from the date of the investment until the date of maturity. Hence, the present complaint stands allowed. The OP is directed to change the date from 16.01.2016 to 14.12.2015 in the KVP issued  to the complainant besides paying an amount of Rs.5000/- as compensation for harassment, mental agony and cost of litigation. Let, the order be complied with within 30 days of receipt of copy of order. Copy of this order be supplied to both the parties free of cost.  File be consigned to record room after due compliance.

 

Announced

12.08.2016       S.P.ATTRI          ANITA KAPOOR        DHARAM PAL

                           MEMBER         MEMBER                     PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

         

                                 

                                                         DHARAM PAL

                                                          PRESIDENT