The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Post Master, Dhansimulia Post Office, Dhansimulia, Jaleswar, Balasore, O.P No.2 is the Superintendent of Post Office, Balasore, O.P No.3 is the I.D.B.I Bank, being represented through its Branch Manager, Jaleswar Branch, Jaleswar, Balasore and O.P No.4 is the Life Insurance Corporation of India, being represented by its Branch Manager, Jaleswar Branch, Jaleswar, Balasore.

                    1. Bereft of unnecessary details, briefly stated, the case of the Petitioner is that the Complainant maintains a S.B A/c with O.P No.1 vide A/c No.662231, where he deposited an A/c payee cheque on 28.06.2012 for Rs.10,000/- bearing No.001325, dt.28.06.2012 issued by O.P No.4 and drawn on O.P No.3 for credit to his account. The O.P No.3 has cleared the same cheque on 16.07.2012 as per the enquiry made by the Complainant. But, the amount is not credited to the account of the Complainant yet, even after the effects are cleared by O.P No.3 long back. Despite several approach made by the Complainant in this regard before the O.P No.1 & 2, they did not pay any heed to the matter. Due to illness, the Complainant could not file this case with statutory period of limitation of two years (i.e. from 28.06.2012 to 27.06.2014). The prayer of the Complainant is to condone this bonafide delay. Prayer for payment/credit of Rs.10,000/- along with interest as well as compensation and cost of litigation.

                   2. On perusal of the case record available in this case and the documents filed by the contesting Parties, it is noticed that:-

(i) The amount of cheque for Rs.10,000/- tendered by the Complainant on 28.06.2012 and the same is credited to the account of the Complainant on 07.11.2014 by the O.P No.1. But, the O.Ps No.1 & 2 have received the same amount on 21.07.2012 through clearing, which is delayed by 2 years 3 months and 16 days. Further, the O.Ps No.1 & 2 have also admitted that they have credited interest for Rs.673/- (Rupees Six hundred seventy three only) for delayed credit for Rs.9,943/- (Rupees Nine thousand nine hundred forty three only).

(ii) The Complainant has not filed any copy of documents in support of that he has intimated for non-credit of the cheque proceed either to O.P No.1 or to O.P No.2. Moreover, the O.Ps No.1 & 2 have also submitted in their written version filed that “the Complainant might have given one opportunity by taking this matter in writing to the notice of Postal Authorities, which was not done on part of Complainant, even after lapsation of more than couple of years from the date of submitting the cheque before O.P No.1.

(iii) The O.Ps No.1 & 2 have admitted that they have received the payment scroll in support of this cheque from SBI, Balasore on 30.10.2014.

(iv) The said cheque was tendered by the Complainant before the O.P No.1 on 28.06.2012. The Head Post Master dispatched a bunch of cheques including this one to S.B.I, Balasore on 16.07.2012, and the same cheque was cleared by O.P No.3 on 21.07.2012. But the amount was credited to the account of the Complainant on 07.11.2014 i.e after 2 years 3 months and 16 days of realization this cheque.

(v) Subsequently, the O.P No.1 has intimated twice i.e. on 26.07.2012 and 29.08.2012 to the Post Master, Jaleswar H.O regarding credit of the proceeds of cheque Rs.10,000/- and remained silent thereafter.

(vi) The Balasore H.P.O has intimated to S.B.I, Main Branch, Balasore regarding clearance of cheques sent on 16.07.2012 on 29.09.2012, 12.03.2013 and on 30.10.2014 and one letter to the D.G.M, SBI Zonal Office, Bhubaneswar vide Annexure-R/4.

                         Thus, the O.Ps No.1 & 2 have intimated steps for credit of the said amount to the account of the Complainant, but there is delay of 2 years 3 months and 16 days for credit of amount by the O.Ps No.1 & 2, after clearance of the said cheque by O.P No.3.

                    3. In view of the above averments of the Parties, it is an argue on behalf of the Adv. for the Complainant is that the O.Ps have not paid all the dues as claimed for which he is entitled for claim amount. On the other hand, it is an argue by the Adv. for the O.Ps that in the mean time, they have already paid Cheque amount after deducting charges, total amounting to Rs.9,943/- with accrued interest in total Rs.673/-. So in the circumstances, the Adv. for Complainant has not disputed about the said payment basing on the documents available and prayed for cost of litigation.         

                    4. So in the circumstances in our opinion, the Complainant is entitled for compensation for deficiency of service and cost of litigation and a sum of Rs.2,000/- towards compensation and a sum of Rs.1,000/- towards cost of litigation. Hence, it is Ordered:-              

                                                     O R D E R

                         The Consumer case is allowed on contest against the O.Ps with cost. The O.Ps No.1 & 2 are directed to pay a sum of Rs.2,000/-, being compensation for deficiency of service and a sum of Rs.1,000/- towards cost of litigation to the Complainant within 60 days from the date of communication of this Order. The Complainant is at liberty to realize the same from the O.Ps as per Law.

                         Pronounced in the open Forum on this day i.e. the 18th day of March, 2017 given under my Signature & Seal of the Forum.