Order No:11
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
Smt. Sangita Paul, Member
This is a case filed by Sri Ajoy Kumar Chakraborti against the Post Master , Champahati Post Office, Champahati-743330 and the Post Master , Barupipur, P.O with a prayer for an order to fixed deposit the amount of Rs.1,30,967/- only without any nominee for an order to pay Rs. 10,000/- only for harassment and also for an order to pay Rs. 10,000/- only as litigation cost.
OP No. 1 is the post Master , Champahati Post Office, Champahati-743330, Vill & P.O- Champahati, 24 Pgs(S).
OP No.2 is the Post Master Baruipur Post Office, Baruipur, PIN-700 144.
Complainant by filing this case states that complainant had a fixed deposit, being account No. 4843147320. The Value of the fixed deposit was Rs. 1,24,000/- only. The account was matured on 17.07.2021 . Complainant requested the Post Master, Champahati Branch to renew the matured amount of the said fixed deposit. Complainant wanted to deposit Rs. 1,30,967/- only for another year. The Post Office Authority informed that no fix deposit account can be opened without the name of a nominee, though there was no nominee of his earlier fixed deposit account. This is nothing but interference on the independence of a customer’s opinion. It is nothing but unfair trade practice, causing financial loss on the interest of the deposited money. It is also a financial loss of the Postal Department.
Both complainant and the Ops reside in the jurisdiction of Ld. Commission. Hence complainant prays for directing the Ops to fixed deposit the amount of Rs. 1,30,967/- only without any nominee, directing the Ops to pay cost of harassment to the tune of Rs. 10,000/- only . and to pay a litigation cost of RS.10,000/- only.
The case was admitted on 10.08.2021 , OPs filed Written Version . On 28.04.2022 , Complainant prayed for treating his complaint petition as evidence on affidavit. From 28.10.2021 to 28.04.2021 , the OPs did not turn up to contest the case. The case proceeded exparte against the OPs. On 09.06.2022 argument of complainant was heard and we proceeded for giving judgment.
Points of Consideration
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decision with Reason
01. On perusal of documents on record it appears that complainant had a Term Deposit Account. He deposited Rs.1,24,000/- only under one year term deposit scheme, Account No. being 4843147328 at Champahati Branch, he opened the account on 17.07.2020 and it has been closed by him on maturity on 17.07.2021. The principal amount was Rs. 1,24,000/- only and complainant got the interest amounting to Rs. 6,962/- only. The principal amount along with interest has been transferred to his S/B A/C being No. 3595391140 on 17.07.2021. Though complainant has no term deposit account, he has a savings bank account at Champahati Post Office. The amount has been transferred to that S/B A/C being No 3595391140 of complainant. As per records of Finacle Account ledger Inquiry Report, the earlier T.D Account of complainant is closed. As he has a savings bank account the complainant is a consumer. So the first point is settled in favour of the complainant.
02. Complainant deposited Rs. 1,24,000/- only under one year term deposit scheme at Champahati Branch. The said amount was matured on 17.07.2021 . Complainant deposited the money in his savings bank account of Post Office. He also received Rs. 6,962/- as interest. Altogether Rs. 1,30,962 only is deposited in his S/B A/C. Then he desires to invest the entire amount for another year without making any nomination. But the complainant could not deposit in T.D.S because nomination is mandatory in all types of account in National Savings Scheme as per the amendments in GSPR ( Government Savings Promotion) rule 2018 and S.B order No. 13/2019 dt. 18.12.2019. According to Post Office finical CBS Software , without nomination no account can be opened. As per notification of Ministry of Finance, (Department of Economic Affairs), nomination is mandatory. Point No 14 denoted that a depositor in a single account or the depositors in a joint account shall nominate one or more individuals as nominee but not exceeding four individuals, who in the event of death of the depositor in a single account or all the depositors in a joint account shall be entitled to receive eligible balance. Such nomination shall be have to made at the time of opening an account.
It appears from the notification that no account can be opened without a nominee. The Ops are abided by rules and regulation of department of Economic Affairs. Henceforth Ops cannot permit complainant to open an account without nomination. In the Post Office Savings Bank ( CBS) Manual 2021, it is clearly mentioned that nomination is mandatory. So it is evident that the Post Office cannot permit complainant to open an account without a nominee. There is no deficiency in service on the part of the OP and no unfair trade practice has been adopted by the OP post office.
- As there is no deficiency on the part of the OP no relief can be claimed from the OP. Relief is prayed for deficiency in service but OP did not commit any deficiency in service and unfair trade practice. Had there been deficiency in service and unfair trade practice, complainant would be entitled to get any relief. Hence complainant is not entitled to any relief. Thus the third point is not settled against the OP.
Hence, it is,
ORDERED
That the complaint case be and the same is dismissed without any cost. Let a copy of the order be supplied free of cost to the parties concerned.
The final order will also be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
(Sangita Paul)
Member
