The case of the complainant, in brief, is that the complainant deposited a sum of Rs. 1,35,000/-with the Lake Town Post Office under Senior Citizen Scheme and thus opened account No. 80065105 on 01/03.11.2010 for a period of five years on condition to draw quarterly interest as per provision approved by postal department and thereafter said scheme was extended for another three years after completion of stipulated five years’ period on same condition when OP No.3, sub-postmaster Lake Town Post Office informed the complainant that the said account being computerized renewed with No. as 7336618151 instead of old number. The complainant had been to the OP No.3-post office to collect money for the period of January to April, 2016, but the OP No.3 failed to pay the monthly interest till 12.05.2016. For collection
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of money accrued as interest thereafter complainant had been attending OP No.3 at the said post office but got no fruitful result and thus complainant finding no other alternative submitted one application dtd. 18.05.2016 as the OP neglected to pay monthly interest till 12.05.2016. The OP No.3 replied the letter but took no action. Thereafter complainant sent one application to OP No.2, Superintendent of post offices Darjeeling division which was of dated 14.06.2016 and in view of that application on behalf of OP No.1 post Master General North Bengal and Sikkim Region informed the OP No.2 to take action and for settlement of the matter within three days which letter is of dtd. 21.06.2016 after giving a copy to the same to the complainant. The complainant also informed the problem to the Assistant Director Consumer Affairs and Fair Business Practices Siliguri which was received on 22.07.2016 and a tripartite meeting was held where complainant and OP No.2 remained present on 31.08.2016 and it was then ventilated to the complainant that due to poor knowledge and lack of knowledge operation of computerized system inconvenience was caused. Lastly, complainant sent one legal notice dtd. 28.02.2017 to OP No.1 on reply of which OP No.1referred the matter to OP No.3 but no fruitful result came out therefrom also, hence this case with a prayer directing the OP to pay a sum of Rs. 2,00,000/- for damage, loss of interest due to delay in paying the statutory interest as well as sum of Rs. 1,00,000/- on account of mental pain and agony as suffered by the complainant due to negligent act and conduct of the OPs and finally the prayer is also there for payment of cost of litigation. In support of complainant’s case some documents are filed from the side of the complainant which are as follows:-
Annexure 1. Is the photocopy of outer cover of NCS passbook.
Annexure 2. Complainant’s application dated 18.05.2016 addressed to OP No.1.
Annexure 3. Photo copy letter of OP No.1 dtd. 27.05.2016 to the complainant.
Annexure 4. Photocopy of complainant’s application dtd. 14.06.2016 addressed to OP No.2 along with its copies to OP No. 1 & 3.
Annexure 5. Photocopy of letter dtd. 21.06.2016 addressed to OP No.2 and its copies to the complainant and to the post master which was issued by OP No.1. Contd….P/3
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Annexure 6. Photocopy of complainant’s petition dtd 27.07.2016 addressed to Assistant Director Consumer Affairs, Siliguri Office.
Annexure-7. Photocopy of the letter of Deputy Assistant Director-in-charge, Consumer Affairs and FBP Siliguri Regional Office as well as copy of letter to the complainant regarding holding of 1st tripartite meeting dtd 31.08.2016.
Annexure-8. Photocopy of letter consent of the complainant dtd. 31.08.2016.
Annexure-9. Photocopy of the Dy. Asst. Director-in-charge, Consumer Affairs & FBP, Siliguri Regional Office Memo No. 486(3)/1/C&F/slg/ R.O. dated 25.10.2016 addressed to OP No.1, 2 & 3 and copy endorsed to the complainant regarding holding of 2nd tripartite meeting on 09.11.2016.
Annexure-10. Photocopy of the Supdt. of post offices, Darjeeling Division letter No. CPT/Court case/Corr/B dated 30.11.2016 regarding intimation for the date of implementation of the request made by the complainant for extension of SCS account mentioned above for further three years as well as the fact of inefficiency on new soft ware of his staff addressed to the complainant and copy endorsed to the Asst. Director in charge of Consumer Affairs & FBP, Siliguri Regional Office & PRI(P), Siliguri H.O.
Annexure-11. Photocopy of the Asst. Director in charge of Consumer Affairs & FBP, Siliguri Regional Office Ref. NO. 569/C&F/Slg R.O. dated 14.12.2016.
Annexure-12. Photo copy of the complainant application dated 15.12.2016 addressed to the OP No.2 & its copy to 1 furnishing requesting for payment of make arrear interest with 18% rate of interest addressed to OP No.2 and the Asst. Director in charge of Consumer Affairs & FBP, Siliguri Regional Office.
Annexure-13. Photocopy of the Lawyer Notice vide No. PKG/4/2017 dated 28.02.2017 addressed to OP No.1 stating all the facts for redressal.
Annexure-14. Photocopy of the ADPS, O/O the PMG, N.B. Regional, Siliguri Ref. No. SB/2-2/DE/Misc/12-13 dated 11.04.2017.
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Annexure-15. Photocopy of the Complainant reference dated 24.11.2016 seeking necessary instruction for further step due to non attention/cooperation of the Opp. Parties.
Annexure-16. Two IPOs bearing NO. 38H 007599 & 38H 007600.
The Ops filed written version stating, inter alia, that the complainant has had no reasonable ground to initiate this case against the OPs hence the case as filed is fit for dismissal but it has been specifically mentioned in the written version that the concerned post office of Lake Town a few months back before the filing of this case had been undergoing the function of conversion of the computer generated system and for that reason it was not possible to pay the money to the investors and complainant being one of them was subjected to that non-payment but no negligence was there from the part of the OPs while complainant unfortunately despite understanding the situation initiated this case. In written version OPs categorically submit that after mature of the investment plan which was for five years in the account of Senior Citizen Scheme complainant had made application before the office of the OP No.3 for re-investment of his money on the same terms and condition of this scheme and the OPs had taken necessary action for reinvestment of the money of the complainant and at the same time it was told to the complainant that he would get the quarterly interest in terms of the Scheme but certain time would be required till completion of the regularization of the computerized system.
Complainant in this case has filed his evidence in writing along with an affidavit and the OPs also filed examination-in-chief along with affidavit from their part. Complainant has been conducting his case by himself and subsequently through his authorized agent by taking the permission of this Forum. On the other hand OPs’ Ld. Advocate on record after filing of written argument completed argument before this Forum orally. On the basis of the pleadings of the parties following points are taken for determination of the case which are as follows:-
POINTS FOR DECISION:
- Is the case maintainable?
- Is the complainant a consumer?
- Has there any deficiency in service on the part of the OPs?
- Is the complainant entitled to get any relief as prayed for?
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DECISION WITH REASONS:
All the points are taken up together as these are co-related and also for the reason of convenience of discussion.
It is the case of the complainant that he deposited a sum of Rs. 1,35,000/- with OP No.3, Lake Town Post Office under Senior Citizen Scheme and opened an account being No. 80065105 on 1/3-11-2010 for a period of five years on condition to draw quarterly interest as per provision approved by the department of post and after completion of said stipulated period of five years it was extended for another three years and the account number has been converted to computerized No. 7336618151 instead of old number but while complainant went to post office, OP No.3 for collection of money for the period of the months of January to April 2016 then OP No.3 failed and neglected to pay interest till 12.05.2016 and for that reason complainant requested many times for payment of that interest of those months but got no fruitful result hence he got mental pain and agony and became harassed though he had no laches from his part as a consumer. From the four corners of the record it is evident that complainant is a bona fide consumer and the case has been filed within statutory period of limitation and he has a right cause of action to institute this case against the OPs and thus this instant case is well maintainable as per respective provisions of C.P. Act 1986. The main grievance of the complainant as it has been reflected from the annexures as filed by the complainant and from other relevant materials on case record is orienting the matter of non-payment of interest in time which was required to be paid quarterly by the OP-post office quarterly to the complainant out of Senior Citizens Scheme opened and harassment of the complainant to that effect. This factor of non-payment of quarterly interest has been admitted by the OPs in their submitted documents on record in this case but the OPs demanded that this act of not paying the interest in time from their part cannot be treated as negligence done by them as the process of computerization of accounts of the investors at the relevant time was going on but the question naturally arises as to why the investors like one of the complainant would face any harassment as regards non-payment of money which became due in course of time while the OPs’ office and other functions were being done. The complainant as a Senior Citizen certainly as an aged person suffered a lot for that non-payment of
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interest in time from the part of the OP No.3 post office which can definitely be termed as deficiency in service on the part of the OPs. As it is found from the documents filed by the complainant that the complainant made his best endeavour for getting the interest due for the months as per terms and conditions entered with the OP-post office. Thus it is crystal clear that deficiency in service as alleged against the OPs over the matter of in time non-payment of interest has been proved by the complainant. Accordingly the complainant is entitled to get relief in this case for that cause of deficiency in service as per provision of Consumer Protection Act. 1986 as committed on the part of the OPs. All the points are thus decided in favour of the complainant and thus disposed of.
Proper fees paid. Hence, it is,
O r d e r e d
that the Consumer Case No. 42/S/2017 be and the same is as filed by Shri Kamada Prasad Bhowmick is hereby allowed in part on contest with cost against the OPs. The OP Nos. 1, 2 & 3 are hereby directed to pay the amount of compensation for the delayed payment of interest for the months on calculation as occurred in this case right from the date of actual and in time due first payment of that interest @ 9% per annum within 45 days till its full realization by the complainant. Another sum of Rs. 10,000/- shall be paid by the OPs-concerned postal authorities of this case to the complainant as cost of litigation within that mentioned time frame of 45 days which shall also carry interest @ 9% per annum if not paid within said 45 days. The complainant is also entitled to put this order/decree in execution if the order of this Forum is not strictly complied with.
Let a copy of the order given to the each of the parties given free of cost.
