Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 29.02.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party no. 1 to 3 to encash the all five K.V.Ps. amount of Rs. 50,000/- with interest of 8 months is about Rs. 6,000/-.
- To pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as compensation.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- Brief facts asserted by the complainant is as follows :-
The complainant has asserted that he along with his son Sushil Kumar and his grand daughter Soni and Moni have purchased 5 K.V.Ps. of 5½ years each of Rs. 5,000/- in total Rs. 25,000/- through the National Saving Organization agent GPO, Patna namely Vijay Kumar Srivastava on 23.02.2001, the photocopy of the aforesaid certificates have been annexed in this complaint petition which form one series.
It has been further asserted by the complainant that after maturity of the aforesaid K.V.Ps. he went to G.P.O., Patna ( Office of opposite party no. 1 to 3 ) for encashment of his matured K.V.Ps. amount on 23.08.2007. He searched the opposite party no. 4 but he was not found there, thereafter the complainant submitted all his 5 K.V.P. certificates on the counter of Saving certificate in - charge at G.P.O., Patna for encashment through another agent namely Ranjeet Kumar Singh on the same day i.e. 23.08.2007 but his all 5 K.V.Ps. has been returned by the counter clerk with verbal remark ( all these K.V.P. certificate are fake and forged ). Thereafter the complainant approached the office of opposite party no. 1 to 3 several times for encashment of his K.V.Ps. but for no result.
Thereafter the complainant has given notice, reminder of notice and legal notice to the opposite parties for redressal of his grievance which have been annexed in the complaint petition.
The complainant has further asserted that he tried to locate opposite party no. 4 ( i.e. the agent through whom the complainant has purchased the aforesaid K.V.Ps. ) but he could not be located. It has been asserted that the complainant is a retired person and he is facing critical economic problem, hardship due to non encashment of aforesaid K.V.Ps.
It appears from the judicial record that earlier this case was dismissed for non prosecution of the complaint vide order dated 30.04.2009 passed by this Consumer forum against which the complainant had filed a appeal before State Consumer DisputeRedressal Commission, Patna being first appeal no. 201/09 ( Arjun Kumar Verma Vrs. Post Master General ). The Hon’ble Commission has been pleased to remit this case to this Forum with the following direction.
“Let this matter be remitted to the District Forum concerned forthwith and accordingly it is disposed of with a direction for fresh hearing in accordance with law and the matter to be decided on merit avoiding unnecessary adjournment preferably within six months from the date of communication of this order by the District Forum”.
Opposite party no. 1 to 3 have filed a show cause/written statement. In Para 10 and 11 aforesaid written statement they have asserted the following facts.
“ Thereafter a detail enquiry has been made by the opposite party no. 1 to 3 in their office IPO (PG ) and as report, it has been found that all KVPs are not issued by Patna GPO, a photocopy of the said report of IPO (PG) Patna GPO dated 10.12.2007 reported by Sri Bindhyachal Prasad Assistant Postal Department. And Rajendra Bhagat Assistant Post master is enclosed”.
“As per IPO (PG) suggestion a report has also been obtained from supdt. CSF Patna he has confirmed the foresaid KVPs were not received at CSD hence the question of issued from Patna GPO does not arise. The supdt. CSD Patna has sent a photocopy of stock register through which it is crystal clear that the aforesaid KVPs no. 55 BB series not received at CSD (circle stamp depot) from CSD Road as the said KVPs number were received short. A photocopy of letter dated 08.04.2008 of supdt. CSD Patna along with photocopy of register of allotment and appropriating duly attested is enclosed”.
It has been asserted by the opposite party in Para – 12 of the written statement that Sri Vijay Kumar Srivastava has not been appointed by the postal department and has not been employee of postal department.
It has been further asserted that the aforesaid agent was appointed by National Saving Organization which comes under the jurisdiction of Patna D.M.
It has been further asserted by opposite parties that KVPs/NSC Certificates are printed by Government of India at Nasik and supplied to various circle stores and different stores and concerned stores which supply such certificates to different post offices in Bihar State and post office maintain stock register.
It has been further asserted by opposite parties in their written statement that in year 1997-98 in course of transmission by train from Nasik bags of NSC/KVPs certificates were lost at Patna junction which is still under investigation of C.B.I.
It appears that opposite parties has also filed rejoinder to the complaint petition stating the identical fact mentioned in the written statement.
There is no any rejoinder petition of the complainant to the written statement filed by the opposite parties.
We have heard the learned counsel for the parties in detail.
If we analyze the facts brought on the record by the parties the matter becomes crystal clear.
It is the case of the complainant that he has purchased the KVPs from Post Office but the postal authorities have denied the issuance of the aforesaid KVPs from their counter.
It has been asserted by opposite parties that the aforesaid KVPs are fake and had not been issued by post office.
It has also asserted by the opposite parties that opposite party no. 4 through whom the aforesaid KVPs have been purchased by the complainant is not the employee of post office because the agent are appointed by D.M. etc.
It further transpires that some sort of inquiry is being conducted by CBI in missing of bags of KVPs from Patna Junction ( Vide Para – 29 of written statement ).
It is needless to say that this forum has no jurisdiction to decide the disputed facts.
It further transpires from aforesaid facts that the complainant has been duped by opposite party no. 4 ( Sri Vijay Kumar Srivastawa ) for which the complainant may take steps in accordance with law. As the matter is disputed we are unable to pass any order with regard to the matter in issue and hence this case stands dismissed.
Member President
