DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. _29_ OF ___2016_

DATE OF FILING : 1.4.2016                       DATE OF PASSING JUDGEMENT: 23/03/2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :   Sharmi Basu

COMPLAINANT        :    Janmejoy Kumar Maity,C/o Pulakesh Maiti, Bapi Traders, Kakdwip Newmarket, P.O + P.S Kakdwip, South 24-Parganas, Pin-743347.

-VERSUS  -

O.P/O.Ps                :     1. Supdt. Of Post Office, South Presidency Division, Baruipur, Kolkata-144.

2.  Post Master, Kakdwip Post Office, P.O + P.S Kakdwip, South 24-Parganas, Pin-743347.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground  he is a retired teacher suffering from ailment. He has further sated that on 29.12.2000 he obtained PLI being no.WB 82783/Premium Rs.615/- per month. But on maturity he came to know that three premium for the month of Karch,2012, July 2012 and August 2012 amounting to Rs.615 x 3= 1845/- ,although paid, not given to him at the time of maturity. The matter was informed to the Post Office but Post Office did not pay any heed to it. Thereafter, he has complained the same to the higher authorities of the post office but no fruitful result was achieved except false allegation. Thereafter, he field a complaint before the Consumer Affairs Department, Kolkata and date was fixed on 1.3.2016 and at that time just before one day on 29.2.2016 Baruipur Division Office informed the complainant over phone that this is their mistake although premium was deposited by the complainant. Hearing the same complainant became furious being an ailing person because some allegations were leveled by the concerned post office that he prepared forged documents and claiming the same.  So, it was a shock of he complainant from a Post Department but before the interference of the Consumer Affairs Department, he was literally harassed from the postal department for which he prays for refund of the said premium along with interest and compensation, litigation cost.

O.P contested the case by filing written version . It is the positive case of the O.Ps that maturity amount of his policy has been sanctioned amounting to Rs.1,91,437/-on the strength of premium receipt book supplied by the applicant and report available in the PLI Portal of this department and an amount of Rs.2463/- has been deducted due to non credit of premium for the month of March 2012, July 212 and August, 2012. Thereafter on 7.12.2015 complainant submitted a photocopy of premium receipt dated 13.3.2012 for Rs.615/- for the month of March 12 and immediately after receiving such copy thorough enquiry has been conducted and it reveals that premium for the said three months have been deposited by the complainant in due time  but due to some technical mistake the data has not been uploaded to PLI Portal and thereafter sanction order was issued for Rs.2578/- plus interest @4% p.a . It is the further case of the O.ps that if the applicant had supplied such photocopy of premium receipt then immediately after getting sanctioned order dated 1.2.2014 his claim would be settled at that time without any such ligiation. So, due to some technical problem in PLI Portal towards uploading data this unforeseen situation occurred which is unintentional and not deficiency in service on the part of the department. The O.P is always ready and willing to provide best services to the customer. Inconvenience caused is highly regretted. But the complainant refused to accept the deducted amount wqith interest and all efforts of the department is failed. Thus the O.P prays for dismissal of the case.

Points for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps or not.

                                                            Decision with reasons

There is nothing to disbelieve that complainant being a senior citizen ,retired teacher, suffering from ailment , tried his level best to get his hard earn money which has been deposited in the PLI of  postal department which is the shelter of the common people regarding security of the good money. But on a moment scrutiny we find that postal department herein the O.Ps did not provide the best services although they have claimed stoutly in para 6 that “ is always ready to provide best services”  .

But our consideration is that when admittedly in para 6 O.P has admitted that unforeseen situation occurred due to some technical problem in PLI Portal towards uploading data, can it be said “Best services”. If it is the best service of the postal department, then where people will keep their good money and the persons ,who are  employees of Central Government ,are performing their duties unsatisfactorily to this consumer . We are aware regarding the performance of the Postal Department and here it is a glaring example of “ PLI Portal towards uploading datas due to technical problem”.This is a deficiency in service and neither the Post Mast of Kakdwip Post Office nor the Superintendent of Post Office did take any initiative to remove that technical problem in PLI Portal uploading system. But instead of that the O.Ps stoutly stated that it was the duty of the complainant to submit all these things. At the time of sanction of the maturity amount it should be played in the mind of the O.Ps why they are deducting three months premium along with interest and they should take their PLI Portal ,but inevitable did not happen and wanted to discharge their liability towards the consumer. This is unfair trade practice on the part of the Postal Department, that is why complainant being a retired teacher, suffering from ailments, who used to trained the mind of the students and probably the sons and daughters of the O.Ps may be educated under this type of teacher  for their bright future , is suffering by the highhandedness of the postal department, the O.Ps who are the employees of Central Government getting facilities from time to time in terms of the services and what services they rendered to the consumer/complainant being a service provider ,answer is negative ,that is why this complaint was lodged which is totally unfortunate.

It is interesting to point out that even then the complainant did not get the total maturity value in time and O.Ps pray for dismissal of the case with cost. Is it the attitude of a postal department? It should be borne in mind by the postal department that they are not giving their own money and they are just employees of Central Government and performing their duty as a service provider for giving proper services to the common people at large and they are getting salary for giving that services to the public but their attitude and behavior which has been mentioned in the complaint petition cannot be ignored. So, complainant may approach to the appropriate court for that behavior and liberty is given to the complainant by this Bench to stop that type of unparliamentary behavior alleged by the complainant in his complaint application. However, this bench is functioning to see whether there is any deficiency in service and unfair trade practice. Considering all the circumstances which has been admitted after observing ordre of the AD, CA & FBP, South 24-Parganas that after sending notice O.Ps are ready to pay the amount, for which, he was advised to file a specific case before the DCDRF, South 24-Pargnaas ,that is why this case gave birth demanding  compensation and we find that O.Ps acted deficiency in service as well as unfair trade practice in light of the discussion made in above.

So, when the O.Ps withheld three months premium @615/- per month , the principal amount comes to Rs.1845/- and complainant is entitled to get the said amount along with banking rate of interest because if the amount is kept in the Nationalized Bank definitely being a senior citizen he will get at least 9% interest . Apart from that harassment of the senior citizen cannot be overlooked. So, compensation should be awarded as because even after sending by the complainant to the Superintendent of Post Office who is O.P-1 informed the complainant without applying his mind on the basis of the version of the employees under him that “It is intimated that due to non-submission of premium for three months the amounts plus interest has been deducted from the total maturity value and requested to submit documents towards deposit of the premium if available to the post office for taking further action and this may be treated as closed. Thus we find that O.P-1 being a senior most officer of Post Officer stepped into the shoes of unfairness and deficiency in service acted upon by the Post Master of Kakdwip Post Office, which is unfortunate. It was the duty of the O.p-1 to check their portal of PLI first and thereafter inform the complainant , but inevitable did not happen and only with the imitation of the employees of the department,O.P-1 discharged his liability which is not expected from him. It is unfortunate for the common people also and wrong will spread out to the locality if this type of unfairness and deficiency of service is being provided by the postal department to the common people and harass the senior citizen .

So, a copy of this judgment be sent to the Post Master General of G.P.O for his information and doing the needful in the matter of deficiency of service and unfair trade practice and a circular should be issued by the Post Master General to all the Post Offices under his control not to show any unparliamentary behavior to the consumer and try to solve the dispute immediately, and thereby the common people may get confidence over the post office that is why copy of this judgment is being sent to prevail the good sense of the Post Master General , G.P.O Kolkata-1.

It is not out of record that since the procedure of the C.P.Act is a judicial proceedings in view of section 13(5) of the C.P Act and it is also well known to us that Doctor treats the human body and Judge treat the society. So, if a judge or doctor failed to treat properly, then it amounts to negligence and failure of justice ,as the case may be, that is why a message is given to the society at large as well as the O.Ps , out of which one is holding the post of Superintendent, Baruipur Post Office, to take into consideration all the disputes properly in light of the observation made in above, otherwise it will be amount to failure of justice from the part of this bench also, that is why a copy of the judgment is being sent to the Post Master General, G.P.O, Kolkata.

Hence,

                                                                        Ordered

That the complaint is allowed on contest against the O.Ps with cost of Rs.5000/- which will be paid by the O.Ps jointly and/or severally to the complainant within 30days from the date of this order.

O.Ps are also directed jointly and/or severally to refund Rs.1845/- along with interest @4% p.a so long it was not matured as per postal rule and thereafter from the dale of maturity interest will be calculated @9% p.a on total amount of Rs.1845/- plus the amount of interest @4% as mentioned above till its realization.

The O.Ps are also directed jointly and/or severally to pay compensation to the complainant for his suffering mental agony and harassment who is a senior citizen Rs.20,000/-  within 30 days from the date of this order, failing which further interest will be carried @12% p.a on total amount till its realization.

The complainant is at liberty to execute the order through this Forum, if the order is not complied with within the stipulated period.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post as well as  Post Master  General, G.P.O through this Forum.

Member                                                                       President

Dictated and corrected by me

                        President

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

Ordered

That the complaint is allowed on contest against the O.Ps with cost of Rs.5000/- which will be paid by the O.Ps jointly and/or severally to the complainant within 30days from the date of this order.

O.Ps are also directed jointly and/or severally to refund Rs.1845/- along with interest @4% p.a so long it was not matured as per postal rule and thereafter from the dale of maturity interest will be calculated @9% p.a on total amount of Rs.1845/- plus the amount of interest @4% as mentioned above till its realization.

The O.Ps are also directed jointly and/or severally to pay compensation to the complainant for his suffering mental agony and harassment who is a senior citizen Rs.20,000/-  within 30 days from the date of this order, failing which further interest will be carried @12% p.a on total amount till its realization.

The complainant is at liberty to execute the order through this Forum, if the order is not complied with within the stipulated period.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post as well as  Post Master  General, G.P.O through this Forum.

Member                                                                       President