Tamil Nadu

South Chennai

cc/233/2014

Bhabhootraj Munot,Karta BR Munot HUF, - Complainant(s)

Versus

The chief Post Master General - Opp.Party(s)

26 Aug 2015

ORDER

                                                                        Date of Filing :   09.05.2014

                                                                        Date of Order :   25.08.2015.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                      : PRESIDENT

                 TMT. K.AMALA, M.A.L.L.B.,                                   : MEMBER I

                 TR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

 

                          C.C.NO.233/2014

WEDNESDAY THIS 26^TH   DAY OF AUGUST 2015

 

Bhabhootraj Munot,

Karta BR Munot HUF,

3, First Lane,

Vadamalai Street,

Chennai 600 079.                                          ..Complainant

 

                                                 ..Vs..

 

The Chief Post Master General ,

General Post Office,

Anna Road,

Chennai 600 002.                                           .. Opposite party

 

For the Complainant                      :   Party in person   

 

For the  Opposite party                 :  M/s. A. Ashok Kumar

 

        This complaint is being filed by the complainant u/s 12 of the C.P. Act 1986 for a direction to the opposite party to pay a sum of Rs.70,671/- and also to pay a sum of Rs.5000/- p.m. for mental agony and tension to the complainant.

ORDER

 

THIRU. B. RAMALINGAM PRESIDENT        

 

 

         

1.The case of the complainant is briefly as follows:-

           The complainant opened PPF-HUF account at Sowarpet Post office bearing number 1033355 on 24.2.1995 with an initial deposit of Rs.5000/.  The tenure of PPF-HUF is 15 years.   The date of maturity of PPF-HUF account is 31.3.2010.     The subscription also accepted for financial year 2012-2013 and Annual interest also credited  Rs.17,477/- for the financial year 2012 & Rs.34,120/- for Financial year 2013.   On 24.7.2013 Sowcarpet Post office sending letter to close the account.   They also denied to enter interest entry for financial year 2013.  In his pass book.   In September 2013 he need money so he had decided to take money from above PPF of HUF account from Post office.   They have given Rs.1,86,882/-.  After received the above money he had requested  them to pay the following Rs.17,477/-.   Interest for Financial year 2012 Rs.34,120/- interest for Financial year 2013, Rs.19,074/-, interest upto September 2013 and Rs.5000/- per month from July 2013 till date of payment for  mental agony suffered by the complainant.    Accordingly the complainant writing letter to the opposite party they replied and some even not replied.  As such the act of the opposite party amounts to deficiency of service and which caused mental agony and hardship to the complainant.       Hence the complaint.      

 

Written version of  1^st opposite party  is  as follows:-

2.      It denies all the averments and allegation contained in the complaint except those that are specifically admitted herein.      The complainant   opened PPF-HUF account at Sowarpet Post office bearing number 1033355 on 24.2.1995 with an initial deposit of Rs.5000/.  The tenure of PPF-HUF is 15 years.   The date of maturity of PPF-HUF account is 31.3.2010.      The Government of India vide Gazette Notification No.G.S.R. 956 (E), dated 7^th December 2010 it was clarified that the PPF accounts opened in the name of HUF prior to 13.5.2005 but have already been matured and not yet closed, shall be closed on 31.3.2011 after which no further interest shall be admissible.  Only during the inspection, irregular acceptance of subscription in the account was deducted and the complainant was deducted and the complainant was informed to close the account on 24.7.2013.   

3.     The opposite party states that the following amounts are irregular subscription received from the complainant viz.

Date	Amount
23.10.2010	Rs.70,000
20.12.2011	Rs.1,00,000
10.5.2012	Rs.1,00,000

 

The time of closing the PPF-HUF Account the opposite party has refunded Rs.2,00,000/- without interest and Rs.1,86,882/- with accrued PPF rate of interest to the complainant on 7.10.2013 and the details are below:

1	Balance available as on 31.3.2013	438479.00
2	Recovery of over paid interest (for the financial years 2011-2012 = 17477.00 2012-2013 = 34120.00 Total         = 51597.00	-51597
3	Row (1)- (2)	386822.00
4	Amount of subscription not eligible for interest and paid on 7.10.13 (accepted irregularly on 20.12.2011 & 10.5.2012)	200000.00
5	Row (3)-(4)	186992.00

 

As detailed above the sum of  Rs.2,00,000/- has been paid without interest and Rs.1,86,882/- with PPF rate of interest upto 31.3.2011.  On 7.10.2013, though a sum of Rs.2,70,000/- has to be refunded without interest and only Rs.1,84,549/- should have been paid.  Hence the depositor has actually been paid a sum  of Rs.2333/- in excess of what is eligible to be paid.    Hence the complainant is liable to repay the excess interest  paid to him and the demand of the complainant to refund the excess interest  recovered is not justified  and the complaint is liable to be dismissed.

 

4.     Complainant has filed his Proof affidavit and  Ex.A1 to Ex.A3 were marked on the side of the complainant.    Opposite party have filed their proof affidavit and Ex.B1 was  marked on the side of the opposite party. 

5.      The points that arise for consideration are as follows:-

1. Whether there is any deficiency in service on the part of the opposite party ?

 

2. To what relief the complainant is entitled to?

 

6.      POINTS 1 & 2 :

 

        Perused the complaint filed by the complainant, written version filed by the opposite party,  the  proof  affidavit filed by both side and Ex.A1 to Ex.A3 filed on the side of the complainant and Ex.B1  filed on the side of the  opposite party and considered both side arguments.   There is no disputes that the complainant has opened PPF / HUF account at Sowcarpet Post office bearing No.1033355 on 24.2.1995 with an initial deposit of Rs.5,000/- the tenure of PPA / HUF for  15 years the date of maturity PPF / HUF is 31.3.2010.  The said account was subsequently on request of the complainant was entitled for further five years on 23.4.2010 the complainant has also paid a sum of Rs.70,000/- on 23.10.2010 and a sum of Rs.1,00,000/- on 20.12.2011 and Rs.1,00,000/- on 10.5.2012 the same were credited in the said account and balance available as on date 31.3.2013 in the said account is Rs.4,38,479/-.     However the complainant was paid on 7.10.2013 out of the said account by the opposite party a sum of Rs.3,86,882/-  (i.e. Rs.2,00,000/- without interest Rs.1,86,882/-).

7.     The complainant has raised objection that as per the amount paid by the complainant towards the said account and interest thereon as on 31.3.2013 as per the pas book entries the balance available amount in the account is Rs.4,38,479/-  The opposite party have paid only Rs.3,86,882/- on 7.10.2013 after deducting the  interest of Rs.51,597/- as recovery of over paid interest for financial year which is not correct  on the part of the opposite party.  The complainant has claimed to pay the said amount from the opposite party with subsequent interest thereon with compensation. 

8.     However the opposite party has raised the complaint filed by the complainant stating that as per the Government of India Gazette Notification NO.G.S.R. 956 (E), dated 7^th December 2010, the  PPF accounts opened in the name of HUF prior to 13.5.2005 but have already been matured and not yet closed, shall be closed on 31.3.2011 after which no further interest shall be admissible.   Only during the inspection, irregular acceptance of subscription in the account was deducted and the complainant was informed to close the account on 24.7.2013.    However the opposite party has produced  the Notification Ex.B1 in support of the above said contention.   On Perusal of the said Ex.B1 Notification it read as follows:

        “Provided further that an account opened on behalf of a Hindu Undivided Family prior to the 13^th day of May, 2005, shall be closed after expiry of fifteen years from the end of the year in which the initial subscription was made and the entire amount standing at the credit of the subscriber shall be refunded, after making adjustments, if any in respect of any interest due from the subscriber on loans taken by him.  In the case of accounts opened on behalf of Hindu Undivided Family, where fifteen years from end of the year in which initial subscription was made, has already been completed, they shall also be closed at the end of  the current year, i.e. the 31^st day of March 2011 and the entire amount standing at the credit of the subscriber shall be refunded, after making adjustments, if any, in respect of any interest due from the subscriber on loans taken by him. “

 

On going through the said notification there is no specific clause  mentioned as mentioned by the opposite party in the written version in respect of the said notification “ No further interest shall be admissible”.   However the above said Notification it is mentioned that the account is to be closed as on 31.3.2011.    The said account may not be carry interest.  Therefore according to the opposite party the complaint mentioned account opened by the complainant has to be closed on 31.3.2011 due to irregularity and negligence on the part of the opposite party’s officials the said account was not closed accordingly on the said date.  But even after that subsequent interest were calculated and added and subsequent amount deposited by the complainant were also received and given credited in the said account.   Such is the fact for the irregularity and dereliction of duty committed by the official of the opposite party department the complainant would not be made to sufferings of  loss of interest for the amount deposited by him in the said account.  As stated by the complainant the complainant has raised grievance with regard to the said non disbursement of proper amount to the complainant as per his account of PPF from 9.12.2013 by making written demand and the opposite party have also given reply to the complainant collecting the above facts and also giving assurance that on humanity ground the demand of the complainant will be considered after getting enquiry report initiated as a department enquiry which is pending till this date. 

9.     Therefore we are of the considered view that the official of the opposite party have committed irregularity  not closing the said PPF account of the complainant  as per the G.O. on 31.3.2010 and subsequently extended the said account for further five years on 23.4.2010  and have received a sum of Rs.70,000/- on 23.10.2010,  Rs.1,00,000/- on 20.12.2011 and Rs.1,00,000/- on 10.5.2012 from the complainant and credited the same in the said account and also calculated interest for the said amount and as such as on date 31.3.2013 the balance available in the account in the credit of the complainant is Rs.4,38,479/- and issued necessary pass book for the same to the complainant.   Therefore the said claims as per the said pass book entry dated 31.3.2013 as he was entitled to receive a  sum of Rs.4,38,479/- from the said account.  Contrary to that the opposite party has disbursed the amount to the complainant on 7.10.2013 a sum of Rs.3,86,882/- only after deducting a sum of Rs.51,597/- as recovery of over paid interest is not proper on the part of the opposite party.  Further the opposite party themselves admitted that the said problem arised due to irregularity and dereliction of duty of their own officer against whome the enquiry was initiated and was pending, and further admitted that in their written version, that  however considered the case sympathetically,   the process of irregular subscription was undertaken and pending.   Therefore we are of the considered view that the innocent account holder of the said PPF account the complainant may not be suffered and made to lose of interest  for the amount deposited  in the account on the irregularity and negligent act of the officer of the opposite party.   Since the amount deposited by the complainant was received and kept by the opposite party in account of the complainant out of which the opposite party would have benefited till the payment of the said amount to the complainant.   Therefore the opposite party on the facts and circumstances of the case is liable to repay a sum of Rs.51,597/- with interest at the rate of 8% per annum from 7.10.2013 to till the date of payment.

10.    Therefore we are of the considered view that the opposite party is liable to pay a sum of Rs.51,597/- with  interest at the rate of 8% per annum from 7.10.2013   to till the date of payment and also  to  pay a sum of Rs.5,000/- (Rupees five thousand only) as litigation expenses to the complainant

In the result the complaint is partly allowed.   The opposite party is  directed to pay a sum of Rs.51,597/- (Rupees Fifty one thousand five hundred and ninty seven only) with  interest at the rate of 8% per annum from 7.10.2013   to till the date of payment and also  to  pay a sum of Rs.5,000/- (Rupees five thousand only) as litigation expenses to the complainant within  six weeks  from the date of receipt of copy of this order.

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this  26^th    day of August  2015.

 

MEMBER-I                                    MEMBER-II                                              PRESIDENT.

 

Complainant’s Side documents :

Ex.A1-  9.1.2002   -  Copy of letter from the Postmaster General Chennai City

                               Chennai to The Chief Postmaster General Tamil Nadu circle.

 

Ex.A2-  25.2.2004 -  Copy of letter from the Postmaster General, Chennai City,

                               Chennai to the complainant.

 

Ex.A3- 22.4.2014  - Copy of letter from the complainant to the opposite party.

 

 

Opposite party’s side documents: -   

 

Ex.B1- 7.12.2010  - Copy of Government Notification.

 

 

 

 

MEMBER-I                                    MEMBER-II                                              PRESIDENT.