West Bengal

Birbhum

MA/3/2017

Sri Mahadeb Das, S/O Lt G.S Das - Complainant(s)

Versus

Supt Post Office, The dept Of Post of India - Opp.Party(s)

Sanjit Kr. Acharya

27 Jul 2017

ORDER

Both parties file hazira.

            The petition dated 14.03.2017 filed by the O.Ps Postal Department for dismissal of the present case as the case is not maintainable along with objection filed by the complainant is taken up for passing order.

            We find that the complainant Mahadev Das has filed the present C.C Case No. 137/2016 for getting back Rs. 48000/- deposited by his deceased parents under MIS with other reliefs.

            We further find that main contention of the O.Ps is that present case is hopelessly barred by limitation as the case has been instituted after lapse of two years from the date of arising out of cause of action.

            It is the case of the complainant that he along with his brother and sister applied for refund of deposited money after demise of his parents.

            It is the further case of the complainant that they have submitted required document demanded by the Postal Department and enquiry was made by the said department. But subsequently they have misplaced the whole record and on 27.12.2013 he again submitted those documents as per request of postal department.

            Copy of the letter dated 14.03.14 shows that O.P Postal Department returned back documents to the complainant and asked him to resubmit the same after rectifying claim.

Copy of letter dated 08.07.14 shows that claim application of the complainant was sent to Superintendent of Post Offices, Birbhum by Post Master, Bolpur.

Copy of the letter dated 17/20.06.16 shows that Asst. Director, Postal Service-II, Kolkata region asked Superintendent of Birbhum to submit his report regarding the claim of the complainant.

So, it is clear that correspondences are still going on between the parties regarding the said death claim and this is a case of continuous cause of action.

We find that the present case has been filed on 23.11.2016 and evidently correspondence made between the Asst. Director, Postal Services II, Kolkata and Superintendent of Post Office, 17/20.06.16.

So, in view of the facts and circumstances of the case and materials on record it cannot be said that the case is barred by limitation.

Accordingly prayer is liable to be rejected.

Hence, ordered that the Mis. Application No. 03/17 i.e. petition dated 14.03.17 filed by the O.P for dismissal of the case is dismissed on contest but without any cost.