BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Monday the 07th day of June, 2010
C.C.No. 25/09
Between:
N.Venkateswara Rao, S/o N.Sarveshwara Rao,
R/o H.No.43-262/1C, N.R.Peta, Sankalbagh, Kurnool-518 004.
…Complainant
-Vs-
1. The Branch Post Master, Narasimharao Pet Post Office,
43-193, Kurnool 518 004.
2. The Chief Post Master,
Head Post Office, 40/1, Main Road, Kurnool-518001.
…Opposite PartieS
This complaint is coming on this day for orders in the presence of Sri. N. Ramachandra , Advocate, for complainant , and Sri M.D.V.Jogaiah Sarma , Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramiah, President)
C.C. No.25/09
1. This complaint is filed under section 12 of the C. P. Act, 1986 praying to direct the Ops
a) to pay Rs. 39,712/- being the compensation
b) to pay Costs of the petition ,
c) and to grant such other relief as this Hon’ble Forum may deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The complainant is doing shares business and he is a member of Religare Securities Limited. He had 3 accounts in OP.No.1 bearing Nos. 20432, 20433 and 20588 . He held an amount of Rs.1,00,000/- under the three accounts . The complainant wanted to purchase shares in Indian Bulls Real Estate as buying rate was very low . He intended to withdraw the amount from OP.No.1 and presented the 3 pass books , along with withdrawal forms by 8-30 AM on 06-10-2008. At 3-30 PM on 06-10-2008 one Nageswara Rao , Clerk informed the complainant that amount was not available on that day. On 07-10-2008 morning the complainant was informed that it was a Bank holiday and he was asked to come on the next day i.,e 08-10-2008 at 3-30 PM. The share business closed by 3-30 PM . The complainant could not purchase shares in Indian Bulls Real Estate at lower rate as the amount was paid to him at 3-30 PM . The complainant could not get the amount of profit an account of negligence of Ops . The complainant could not purchase the Indian Bulls Real Estate at Rs.101/- on 08-10-2008. The complainant also incurred loss of Rs.11,000/- on account of early with drawl of amount from the post office. Hence the complaint.
3. OP.No.2 filed written version and the same was adopted by OP.No.1. It is stated in the written version of OP.No.2 that the complaint is not maintainable in law. The complainant was holding 3 MIS accounts in OP.No.1 branch . The pass books along withdrawal forms were not presented on 06-10-2008. The complainant approached OP.No.1 on 07-10-2008 at 11-00 AM and submitted 3 MIS account pass books along with SB-7 withdrawal forms duly filled by him. As per the Citizens Charter of Postal Department if the savings account is closed prematurely in any sub post office , it would be settled and payment would be made within 2 working days. On 07-10-2008 was declared holiday for the Nationalized Banks due to strike by the bank employees. OP.No.1 secured the required cash from OP.NO.2 on 08-10-2008 and made payment to the complainant at 3-30 PM while receiving the cash from OP.NO.1, the complainant did not express any grievance. There was no inconvenience or hardship to the complainant . In case of premature closer of the MIS account , 1% of the deposit amount can be withheld by way of penalty . In case of premature closer, depositors could not be entitled any bonus. The claim of compensation of Rs.39,172/- has no legal basis. There is no deficiency of service on the part of the Ops . The complaint is liable to be dismissed.
4. On behalf of the complainant Ex. A1 to A12 are marked .The complainant filed his Sworn affidavit . On behalf of the opposite parties Ex.B1 to B5 are marked and the Sworn affidavits of K.Gorantlaiah , Sub Post Master and Ch. Durgaiah , Chief Post Master , Kurnool are filed.
5. On the basis of the above pleadings the points that arise for consideration are
(i) whether there is deficiency of service on the part of the
respondents/ opposite parties ?
(ii) Whether the complainant is entitled to the relief as prayed
for?
(iii) To what relief?
6. Both parties filed written arguments.
7. Point No.1 & 2: Admittedly the complainant along with N. Madhurama were holding 3 MIS accounts in N.R.Peta , Post Office , Kurnool . Ex.A1 to A3 are the pass books issued by OP.No.1 infavour of the complainant and one N. Madhurama . It is the case of the complainant that in order to purchase in Indian Bulls Real Estate shares ,he applied for premature withdrawal of the amount from OP.No.1 by presenting the pass books on 06-10-2008 . On the other hand it is the contention of the Ops that the complainant did not present the pass books before OP.No.1 on 06-10-2008 and that the complainant presented the pass books along withdrawal forms for premature withdrawal of amount on 07-10-2008. The complainant in his sworn affidavit stated that he filled withdrawal forms and presented the 3 pass books on 06-10-2008. The complaint relied on Ex.A9 said to have been issued by one Nageswara Rao working as a Clerk in the office of OP.No.1 . It is simply mentioned in the Ex.A9 the MIS account NO’s of the complainant and another. There is no mention in Ex.A9 that the complainant presented the pass books along with withdrawal forms for premature withdrawal of the amount on 06-10-08. The complainant has not choosen to examine the person who is said to have issued the original of Ex.A9. OP.No.1 filed Ex.B3 to B5 to show that the complainant presented the withdrawal forms along with the pass books on 07-10-2008 only. Sri. K. Gorantlaiah ,Sub Post Maser of OP.No.1 in his sworn affidavit has stated that the complainant approached the OP.No.1 on 07-10-2008 at 11-00 AM and submitted the withdrawal forms duly signed by him. He denied that on 06-10-2008 the complainant approached the OP.No.1 branch and submitted the withdrawal forms . As seen from Ex.B2 to B5 it is very clear that withdrawal forms were submitted on 07-10-2008 . It is submitted by the learned counsel appearing for the complainant that the dates in Ex.B3 to B5 were put up by the staff of OP.No.1 . As seen from Ex.B3 to B5 it is very clear that all the blanks on the left side of the withdrawal form were filled up by one and same person. It is not the case of the complainant that he simply signed the withdrawal forms Ex.B3 to B5 without filling up the blanks there in . For the first time it is argued by the learned counsel appearing for the complainant the date as 07-10-2008 in Ex.B3 to B5 was put up by the staff of the OP.No.1 in order to defeat the claim of the complainant . There is no necessity for the staff of OP.NO.1 to put wrong dates in Ex.B3 to B5 . The complainant did not give any explanation as to why he gave the blank withdrawal forms to OP.No.1. There is no force in the contention of the complainant that the date in Ex.B3 to B5 was put up by the staff of the OP.No.1 As seen from Ex.B3 to B5 it is very clear that the withdrawal forms along with pass books were presented to OP.No.1 on 07-10-2008 .
8. Admittedly the complainant was paid the amount on 08-10-2008 at about 3-00 or 3-30 PM . According to the Ops there was no delay in payment of the amount to the complainant . The Ops filed Ex.B2 copy of the Citizen Charter of the Postal Department. In Ex.B2 it is mentioned that a premature closer of the account must be done within two working days in case of sub post office . Admittedly the OP.No.1 is a sub post office situated at N.R.Peta , Kurnool. Admittedly the complainant received the amount due on 08-10-2008 . Ex.B3 to B5 go to show that the complainant presented the pass books along withdrawal forms on 07-10-2008 . As the amount was paid to the complainant within two working days from the date of presentation of the withdrawal forms along with pass books it cannot be said that there was deficiency of service on the part of the Ops .
9. It is the case of the complainant that he was doing shares business and that he intended to purchase Indian Bulls Real Estate shares with the amount withdrawn by him from OP.No.1 post office. The complainant to show that he was doing shares business relied on Ex.A8 to Ex.A12. Ex.A8 is the letter addressed to the complainant by Religare Securities Limited. It shows that the complainant is having trading account to trade in shares through Religare Securities Limited. Simply because the complainant was having a D-MAT and trading account it cannot be said that the complainant wanted to purchase Indian Bulls Real Estate shares on 07-10-2008 . It is not the case of the complainant that he purchased the said shares subsequent
08-10-2008 . The complainant filed Ex.A4 data showing the price of the Indian Bulls Real Estate shares on 08-10-2008. The lowest price was Rs.100-40 on 08-10-2008 and highest price was 132-90 on 08-10-2008 . Simply because the complainant could not purchase said shares on 08-10-2008 it cannot be said that he incurred loss of profit of Rs.28,710/- . Had the complainant incurred such an amount of loss on 08-10-2008 he would have issued a notice to the Ops immediately stating that on account of their negligence he incurred loss . The complainant kept quite for a long time and got issued a notice to the Ops on 29-10-2008. The in action of the complainant till 29-10-2008 would go to indicate that he did not intend to purchase the shares on 08-10-08. The case of the complainant that he wanted to purchase shares on 08-10-2008 and that he could not purchase the same on that day due to late payment of the amount by Ops is only a after thought. There was no negligence on the part of the Ops in payment of the amount to the complainant under 3 MIS accounts.
10. It is also the case of the complainant that on account of premature withdrawal he was not paid bonus of Rs.10,000/- and that an amount of Rs.1,000/- was deducted as a penalty . The complainant in his sworn affidavit clearly stated that he wanted withdrawal the amount prematurely for going 10% bonus. The complainant is also aware that in case of premature closer of the MIS account , 1% of the deposit amount will be withheld by way of penalty .As the complainant wanted to close the account prematurely , the opposite parties rightly withheld bonus of 10% and 1% by way of penalty. The Ops acted according to rules . The amount was paid to the complainant within the time. Therefore it is not open to the complainant to hesitate that he sustained loss of Rs.39,712/- on account of the payment of the amount on 08-10-2008 at 3-30 PM..
11. In the result, the complaint is dismissed . In the circumstances of the case without costs.
Dictated to the stenographer, transcribed by her , corrected and pronounced by us in the open bench on this the 07th day of June, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Pass book of A/C No.20432.
Ex.A2. Pass book of A/C No.20433.
Ex.A3. Pass book of A/C No.20588.
Ex.A4. Data for IBREALEST of dt.8-10-08.
Ex.A5. Office Copy of Legal Notice dt.29-10-08 along with Two Postal Acks.
Ex.A6. Letter of OP dt.10-11-08 In Reply to Complainant letter dt.31-10-08.
Ex.A7. Office Copy of Letter dt.12-11-08 in Response to EX.A6.
Ex.A8. Letter dt.Nil Addressed by Religare to the Complainant
Ex.A9. Xerox Copy of the Receipt dt.6-10-08.
Ex.A10. Receipt of Religare Securities Limited New Delhi
dt.10-3-09 for Rs.50,000/- .
Ex.A11. Receipt of Religare Securities Limited New Delhi
dt.20-2-08 for Rs.62,000/-.
Ex.A12. Axis Bank ATM slip dt.11-10-08.
List of exhibits marked for the opposite parties:
Ex.B1. Xerox Copy of SB.Order No.16/2008 dt.20-8-08.
Ex.B2. Xerox Copy of Citizen Charter of the Postal Department.
Ex.B3. With Drawal Form dt.07-10-08 A/C No.20432 for Rs.50,000/-.
Ex.B4. With Drawal Form dt.07-10-08 A/C No.20433 for Rs.30,000/-.
Ex.B5. With Drawal Form dt.07-10-08 A/C No.20588 for Rs.20,000/-.
Sd/- Sd/- MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on:
