Haryana

Ambala

CC/336/2016

Smt. Chameli Devi - Complainant(s)

Versus

Superintendent of Post Offices - Opp.Party(s)

Virender Kumar

15 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No. : 336  of 2016

Date of Institution    :  26.08.2016

Date of Decision      :  15.03.2018

 

 

Smt. Chameli Devi aged about 80 years wife of Late Shri Hamelu Ram, resident of Village Ganeshpur-via-Shehzadpur, Sub Tehsil Shehzadpur, Tehsil Naraingarh, District Ambala.

 

                                                                                       ……Complainant.

 

Versus

 

1.       Superintendent of Post Offices, Ambala Division, Ambala -133001.

 

2.       Post Master, Post Office-Ganeshpur Branch, Tehsil Naraingarh, District Ambala.

 

                                                                             ……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member.

                   Ms. Anamika Gupta, Member.

         

 

Present:       Sh. Virender Kumar, counsel   for complainant.

                   Sh. Dev Batra,  counsel for Ops.

 

 

ORDER

 

In nutshell, brief facts of the present complaint is that Sh. Hamelu Ram, son of  Shri Chajju Ram was legally wedded  husband  of the complainant. The husband of the complainant was  holding his Saving Account No.599487 in the Post Office- Ganeshpur i.e. OP No.2 and he had  made the complainant  as his nominee and he had been maintaining  his account and the husband of complainant namely Shri Hamelu Ram unfortunately died on 05.02.2009. The complainant after the death of her husband approached the  OP no.2 and requested for the release of the amount of saving account of her husband being nominee and widow of late Shri Hamelu Ram and the Ops required some information/document vide letter No. SB/D-Vivid-Kaur/2016-17 dated 23.05.2016 and the complainant  has already furnished all the requisite information and requested the Ops to release the amount of the account of her husband with uptodate interest but thereafter the Ops started delaying  the payment of account of her husband by making excuses on one another. The complainant number of times visited the office of the Ops for taking payment, but she was always delayed after getting her sit for hours together in the office of the Ops. In the first week of July, 2016 the Ops have flatly refused to release the amount lying in the saving account of husband of the complainant. The complainant has served upon a legal notice dated 12.07.2016 to the Ops thereby  asking  to make the amount of account of her husband to the complainant  with uptodate interest, which was duly received: but despite  that the Ops did not  make the payment, rather execused  by way of reply dated 15.07.2016 by excusing  that since  the previous  Branch Post Master of Ganeshpur had not accounted the amount of Govt. Account and committed fraud with the Govt. and as such the payment could not be released to her and asked  her to wait for sometimes more and thus the Ops have caused  mental tension, harassment and agony besides damages due to deficiency in service and unfair-trade-practice on his part. Hence, the present complaint.

2.                     Upon notice, OPs appeared and tendered written statement and submitted that Smt Chameli Devi had sought information under RTI application dated 18.03.2016,  regarding the balance in the said S.B account no.599487 of her husband & as per  available reports  of Postmaster Ambala City it was informed by CPO vide reply dated 26.04.2016 to the applicant that balance of S.B.Acount no.599487 is Rs. 50,966.35. However, not at later stage  again the CPI vide its reply dated 07.12.2016 informed  the applicant that “that balance  of Rs. 50960/- as informed your earlier was not complete  and the said mount was shown up to the transactions  dated 09.07.2004 as Rs. 34994.90 +Intt thereafter. However, now after taking into account all the transactions i.e. deposit and withdrawals after 09.07.2004 to 18.08.2008 as shown in his passbook. The balance with up to date interest comes to Rs. 7462.57/- Accordingly, taking all passbook entries to be correct, payable amount was sanctioned & cheque to this effect has been attached herewith  as detailed above for releasing the same to the complainant. Therefore, there is no deficiency on the part of the OPs and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-9 and close her                          evidence. On the other hand, counsel for OP Nos.1 & 2 have also tendered affidavit as Annexure R/A along with documents as annexure R-1 to R-6 and closed their evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. It is admitted facts that husband of the complainant was having saving account in the Post Office, Ganeshpur i.e. OP No.2. It is also admitted fact that husband of complainant had died on 05.02.2009. It is also not disputed that wife of account-holder being nominee she filed the application for releasing the amount which was lying in Post Office and also sought the information under RTI Act vide application dated 18.03.2016 and OP No.1 has given the information to the complainant and clearly mentioned that balance amount is stand in the name of the account holder name Hamelu Ram in the Shahzadpur, Post Office of Rs. 50,960.35/-. The complainant has claimed above said amount from the OPs along with interest  but OPs have taken the plea that balance of Rs. 50960.35/- as shown information letter that accounts of the deceased was not completed one. The Ops have placed on record the statement account of the account holder from 09.07.2004 to 18.08.2008 they have shown the balance amount Rs. 7462.57/- with interest upto 2015-16 as per Annexure R-4 dated 07.12.2016  

To prove this fact, OPs have placed on record the copy of Pass Book as Annexure R-1 which is name of Hamelu Ram, deceased. From the perusal of the above said Pass Book, it is clearly mentioned that deceased Hamelu Ram has made many transactions qua depositing and withdrawal of the amount from 09.07.2004 to 18.08.2008 and balance amount Rs. 9,300/-  is shown  in the pass book  upto on 18.08.2008/-  as per Annexure R-1. Ops have also placed on record statement account pertaining to the deceased Hamelu Ram balance amount shown Rs. -2105.10/- on 18.08.2008. The above both the documents issued by the Ops  and heavily relied upon by the Ops are contrary to each other and do not show as to how much amount was lying balance in the account of deceased on 18.08.2008. However, the pass book Annexure R-1 has been maintained in regular course of business and has also month-wise stumped qua transaction. It is strange that vide Annexure C-1 i.e. information received under RTI Act by the complainant, the Ops have shown the balance amount as Rs. 50,966.35/- lying the in account of the deceased.  The statement of account R-4 appears to be made in order to fill the lacuna and the information Annexure C-1 also does not show the full transaction detail which  is mentioned on the passbook therefore, we believe the pass book Annexure R-1 and balance amount has been shown Rs. 9,300/- upto 18.08.2008.

5.                The Ops have placed on record a cheque bearing No.207264 dated 21.12.2016 amounting to Rs. 7,661.57/- in the favour of the complainant at time of the filing of written statement on 07.02.2017 & case was adjourned for compromise but compromised could not effected and amount has not been received by the complainant. In view of the above said record that the Ops were duty bound to pay the amount Rs. 9,300/- as shown in the passbook but they failed to pay the abovesaid amount to the complainant inspite of demanding the same. We hold that Ops are deficient to provide proper service to the complainant. Therefore, Ops are directed to pay Rs.9300/- along with interest @6% from the date of 18.08.2008 till its realization. Hence, the present complaint is hereby partly allowed along with cost which is assessed Rs. 3,000/- and cost will be paid by the Ops to the complainant. The Ops are directed to comply with the above said direction within 30 days after receiving the copy of order. Assistant of this Forum is directed to return the cheque amounting of Rs. 7661.57/- bearing cheque No.207264 dated 21.12.2016 to the Ops. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 15.03.2018

 

 

 

(PUSHPENDER KUMAR)              (ANAMIKA GUPAT)          (D.N. ARORA)

          Member                            Member                            President