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
Wednesday the 9th day of February, 2011
C.C.No 124/10
Between:
B.Balasudarsan,
S/o late B.Balaiah Chetty,
Service Pensioner,
H.No.45/24-10-50-2,
Ameena Abbas Nagar,
Kurnool - 3. …..Complainant
-Vs-
- The Post Master General,
Kurnool Region, B.camp,
Kurnool - 518 002.
- The Superintendent of Post Offices,
Kurnool Division, Near Old Bus Stand,
Head Post Office,
Kurnool – 518 001. …OPPOSITE PARTies
This complaint is coming on this day for orders in the presence of Sri. Yanamala Srinivasulu, Advocate for complainant, and Sri. M.D.V.Jogaiah Sarma, Advocate for opposite party No.1 and 2 upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. M.Krishna Reddy, Male Member)
C.C. No. 124/10
1. This complaint is filed by the complainant under section 11 and 12 of C. P. Act, 1986 seeking a directions on opposite parties for the payment of
(a) The interest amount of Rs.3,350/- of the three M.I.S. accounts with 24% p.a. interest.
(b) Rs.40,000/- for causing mental agony
(c) Cost of the complaint.
2. Briefly the case of the complainant is that he is a service pensioner. He deposited Rs.40,500/- on 05-01-2008 in Head Post Office, Kurnool under the M.I.S account bearing No.14585. He also deposited Rs.1,20,000/- and Rs.1,11,000/- on 07-01-2009 under the same M.I.S. account bearing Nos.15714 and 15715 respectively. For the account 14585 he is entitled to receive interest of Rs.270/- on 5th of every month. Similarly he is also entitled to receive interest of Rs.800/- and 740/- on 7th of every month for the accounts 15714 and 15715 respectively. As such he was with drawing the above said interest amounts once in a month, same times once in two or three months. On 07-02-2009 and 08-04-2009 the complainant submitted withdrawal forms to withdraw monthly interests along with Pass Books to S.B.Clerk of Head Post Office, Kurnool. There the S.B.Clerk informed the complainant to come in ‘Q’ after making entries in the pass book and affixing the date stamp. By the time he reached the counter, it was lunch time. Hence the S.B.Clerk handed over the pass books and withdrawal forms to an unauthorized agent instructing him to return the pass books and withdrawal forms to the account holders. But the agent did not give the complainant’s pass books and withdrawal forms to him, and also told that without the permission of deputy Post Master they cannot be given as they were already stamped. Further he also asked the complainant to wait until deputy Post Master returns from lunch. When the deputy Post Master was asked about the pass books and withdrawal forms after coming from lunch, he said, they were not with him. Then the complainant asked the S.B.Clerk to return his pass books and withdrawal forms, the S.B.Clerk told that he torned the withdrawal form, and returned the pass books of A/c.No.15714 and 15715. The complainant also experienced the same thing on 08-04-2009. From 09-03-2009 on wards the complainant was receiving interests regularly. When the complainant approached the S.B. Clerk on 12-01-2010 to withdraw the interest he was told that it was already paid but no evidence was shown to him. The complainant submits that interest for October 2009 and December 2009 of A/c No.14585 was not paid to him and in all he had to receive Rs,3,350/-. On 12-01-2009 the S.B. Clark took the pass books for verification issuing a formal receipt and returned them on 13-01-2009 making entries of the date 07-02-2009 and 08-04-2009 stating that there are no dues to be paid. Vexed with the attitude of the S.B.Clerk, the complainant closed the accounts and reposted the mater to superintendent of P.O, Kurnool on 21-01-2010. He also sent a complaint with a certificate of posting to the Post Master General. As the complainant’s complaint received no redressal, he got issued a legal notice on 19-04-2010 and finally approached this forum seeking an order for appropriate reliefs from opposite parties.
3. In support of his claim he filed documents marked as Ex.A1 to A6 and Sworn Affidavit.
4. Responding to the notice of the forum opposite party No.2 filed written version denying his liability to the complainant’s claim. The opposite party admitted that the complainant opened M.I.S accounts bearing Nos. 14585, 15714 and 15715 and was with drawing periodical monthly interest. The opposite party denied the handing over of pass books along with withdrawal forms to S.B.Clerk by the complainant on 07-02-2009 and 08-04-2009. The opposite party averred that it is false to say that on 12-01-2010 the complainant approached S.B.Clerk to receive monthly interest of December 2009, and the clerk refused to pay it saying that the interest was already paid. The opposite party also denied the incorporation of entries dated 07-02-1009 and 08-04-2009 in the pass books. The opposite party submitted that the complainant pretends that he is a busy advocate, quarrels with the duty staff, and finally closed the accounts expressing his dissatisfaction. The opposite party finally submits that he paid the amount that is entitled by the complainant and there are no dues to be paid. Hence the opposite parties prayed for the dismissal of the case as there is no deficiency on his part.
5. In his support the documents such as copy of ledger, extracts of day book withdrawal forms in original are produced along with sworn affidavit.
6. Opposite party No.1 filed a memo adopting the written argument of opposite party No.2.
7. Both parties filed there written arguments.
8. Hence the points for consideration are:
(i) Whether the complainant made out any deficiency on the part of opposite parties substantiating its liability to his claim.
(ii) What is the quantum of compensation that can be awarded to him?
9. Point No.1:- Admittedly the complainant had three M.I.S accounts bearing Nos.14585, 15714 and 15715 and was withdrawing interest of Rs.270/- Rs.800/- and 740/- per month periodically. He was withdrawing the interest amounts once in a month, sometimes once in two or three months. The dispute is in the withdrawal of monthly interests for the monthly interests on 07-02-2009 and 08-04-2009. The contention of the complainant is that he gave withdrawal forms and pass books to S.B.Clerk of Head Post Office, Kurnool. The S.B.Clerk made entries at later date without paying the interest amounts. The complainant said that the same thing was repeated on 08-04-2009 and totally he had to receive Rs.3,350/-. Ex.A1 to A6 are pass books and their photo copies in support of his contention.
The contention of opposite parties that they paid all interest amount what ever the complainant is entitled and denied the incorporation of the entries in the pass books. To verify the case, the forum asked opposite parties to produce original withdrawal forms, extract of day book and the extracts of the statements of all the three accounts of the complainant. The complainant accepted that the signatures on the withdrawal forms belong to him only. Verification of statements of accounts of the complainant and the day book also support the payments of interest amounts to all the months for which he is entitled. Therefore the forum holds that opposite parties acted properly and hence there is no deficiency of service on the part of opposite parties.
10. Point No.2:- for the reasons set out above, the forum holds that the complainant is not entitled to receive any compensation. Hence the claim of the complainant is not tenable.
11. In the result, the complaint is dismissed without costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 9th day of February, 2011.
Sd/- Sd/-
MALEMEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Pass Book Account NO.15714 issued by Postal Department.
Ex.A2. Pass Book Account NO.15715 issued by Postal Department.
Ex.A3 Pass Book Account NO.14585 issued by Postal Department.
Ex.A4 Photo copy of Pass Book Account NO.15714 issued by Postal Department.
Ex.A5 Photo copy of Pass Book Account NO.15715 issued by Postal Department.
Ex.A6 Photo copy of Pass Book Account NO.14585 issued by Postal Department.
Ex.A7 Photo copy of letter Dt.21-02-2010 addressed to Superintendent Head Post Office, Kurnool.
Ex.A8 Photo copy of letter Dt.03-03-2010 addressed to Post Master, Head Post Office, Kurnool.
Ex.A9 Photo copy of letter Dt.19-04-2010 addressed to Post Master General, Kurnool Region, Kurnool.
Ex.A10 Under Certificate of Posting to Post Master General, Kurnool-2.
Ex.A11 Postal receipt No.3396, dt.20-04-2010.
Ex.A12 Post Office Saving Bank Form.
List of exhibits marked for the opposite parties:- Nill
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 :
