Jharkhand

Bokaro

CC/24/2021

Suretma Tiwary - Complainant(s)

Versus

The Post Master, Head Post Office - Opp.Party(s)

Annu Mishra

28 Apr 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-06-07-2021

Date of final hearing-28-04-2023

 Date of Order-28-04-2023

Case No. 24/2021

    Suretma Tiwary D/o Late Birendra Tiwary

    R/o Sector-9/C, St-19, Qr.no. 194, Sector-9,

    Harla, District- Bokaro, Jharkhand

Vs.

1. The Post Master, Head Post Office,

Sector-2, Bokaro Steel City

2. The Sr. Suptt. Of Post Offices

Dhanbad Division, Dhanbad 826001

3. The ASP West Sub Division, Main Post Office, Bokaro

 

Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in brief is that her parents namely Birendra Tiwari and Asha Tiwari opened Monthly Savings Scheme (MIS) Account No. 6039 (joint- B) on 11.05.2002 and its maturity date was 08.05.2008 in which they deposited Rs. 1,00,000/- only and complainant was nominee of that very scheme. Further case is that both the account holders and first nominee of the account died before the date of maturity.  Further case is that after maturity of MIS scheme complainant approached O.Ps. but her prayer for payment of maturity amount was returned for the reason that she was minor at that very time. Further case is that in the year 2019 when she became major she approached O.Ps. but she received letter dt. 21.06.2019 of the O.P. that her case is very old and no record is available in the branch of H.O. MIS A/c No. 6029 and entire case was forwarded to the Sr. Superintendant of Post office Dhanabd Division and later on she received information for again enquiry and submission of Sanchay Post Data in respect to said account but matter was not settled till date. Hence this case has been filed with prayer to direct the O.Ps. to pay maturity amount of MIS with interest till date and to pay Rs. 3,00,000/- as the amount of Rs. 1,00,000/- has been tripled and also to pay Rs. 1,00,000/- as compensation for various type of harassment.
2. O.Ps. appeared and have filed W.S. mentioning therein that said account was opened by Birendra Kumar and Asha Tiwari in which Mahendra Tiwari and Suretma Kumari have been nominated as nominee on 11.05.2002 and in that very account the interest of 67 months @ Rs. 750/- has been withdrawn as it is apparent from the entry of the passbook. Further it is reply that it is reported that Birendra Kumar died on 14.11.2005, second account holder died on 09.01.2008 and first nominee Mahendra Tiwari also died on 27.02.2006 as it is apparent from death certificates. Further reply is that there is no paper in the office to show that complainant had earlier applied for payment. Further reply is that Post Master B.S.City H.O. has reported that the account has not been migrated in finacle and old MIS laser is not available and no record in Sanchay Kosh also. Further reply is that the Supervisor SBCO B.S.City H.O. has reported that the case is very old and there is no record available to his branch of the MIS account and the other accounts concerned including MIS account No. 6039. Further reply is that complainant has applied after more than 10 years of maturity of MIS account without completing the formalities, as per account the first account holder has been mentioned as Birendra Kumar but as per death certificate he is Birendra Tiwari, second account holder is Asha Tiwari but her death certificate was not submitted and the death certificate of first nominee Mahendra Tiwari has also not been provided rather claim has been submitted by second nominee of the passbook without submission of family heir certificate etc. Hence case is liable to be dismissed.
3.  Now point for consideration is whether complainant is entitled to get relief as claimed or not?
4. Opening of the MIS account is not in dispute. There is no any dispute regarding capacity of the complainant or about the account holders and name of the first nominee. Complainant has produced photo copy of death certificate of her father Birendra Tiwari who died on 14.11.2005, she has also produced photo copy of death certificate of her mother Asha Tiwari who died on 09.01.2008 and she has also produced photo copy of death certificate of her first nominee namely Mahendra Tiwari who died on 27.02.2006. These three death certificates are the certificates issued by the competent authority of the State of Jharkhand. However, there is no dispute regarding death of above mentioned three persons.
5. It is admitted fact that complainant is the second nominee of the account and at the time of maturity of the account she was minor. Photo copy of the birth certificate of the complainant issued by the competent authority of the State of Jharkhand shows that her birth date is 17.12.1998 and her parents are Asha Tiwari and Birendra Tiwari. In this way complainant became major sometime in the year 2018 but earlier she applied on 23.05.2009 for payment by the O.Ps. as it is apparent from photo copy of the papers submitted by the complainant. There is no denial that alleged account was not opened. There is no defense by O.Ps. that payment of maturity amount of the account has already been made. Mere on the basis of hyper technical grounds innocent complainant is being harassed at the hands of O.Ps. There is no any other claimant of the concerned account till date. It is not in dispute that maturity value of the account was Rs. 1,00,000/- on 08.05.2008. It was duty of the O.Ps. to keep and maintain their official record in which they have failed. It also appears that O.Ps. are trying to impose the impact of their failure on the complainant.
6.   In support of its case apart from above mentioned relevant papers some other papers have also been filed by the complainant about which discussion is not been made just to avoid the long order. Complainant has given her evidence on affidavit in which she has fully supported her case and she has not been cross-examined by the O.Ps. rather O.Ps. have refused to cross- examine her.
7. In light of above discussion, we are of the view that complainant is able to prove her case for grant of relief accordingly this point is being decided in favour of the complainant.
8. Accordingly, prayer is being allowed in the following manner:-

O.Ps. are directed to make payment of the maturity amount of Rs. 1,00,000/- matured on 08.05.2008 in respect to Monthly Saving Scheme (MIS) account No. 6039 (Joint-B) opened in the branch B.S. City, Head Post Office, Bokaro along with admissible interest on that very amount from 08.05.2008 till the date of payment after observing all procedural formalities however they are having liberty to take undertaking etc. from the complainant to secure the payemnt. Such payment must be made within 60 days from receipt/production of the copy of this order, failing which O.Ps. shall pay interest @ 10% per annum on the maturity value with interest from 06.07.2021 (the date on which case has been filed). Further O.Ps. are directed to pay compensation of Rs. 10,000/- to the complainant for various types of harassment.

 

(J.P.N. Pandey)

                                                                                      President

 

 

                  

                                                                               (Baby Kumari)

                                                                                       Member