As per Mr. Atul D. Alshi, Hon’ble President.
- The complainant filed complaint case U/s 12 of Consumer Protection Act 1986 against Post Master of post office for non issuance of duplicate Kisan Vikas Patra to complainant or directing to OP to pay the consideration amount of Kisan Vikas Patra alongwith compensation and cost of litigation.
2. The complaint in short as under – The complainant is senior citizen and retired from government service in the year 1988 and out of his earnings he had invested his income in Kisan Vikas Patra purchased for the worth of Rs.5,00,000/-. On 09.05.2017 when the complainant alongwith his grandson had visited the Central Bank of India for renewal of Fix Deposits, in afternoon, while renewing fixed deposits the bag bearing the documents snatched by thief and run away. The complainant had lodged the complaint in Shanti Nagar Police Station. Thereafter, the complainant cpproached to OP No. 1 Post Office and submitted application to issue duplicate bunch of Kisan Vikas Patra. After scrutiny of police complaint, OP No. 1 asked to furnish surety of Rs.10,00,000/- of one Government employee. The condition imposed by OP No. 1 was arbitrary and not possible to comply. Thereafter, the complainant issued legal notice on OP No. 1 on 31.01.2018. In reply of legal notice OP No. 1 was asked to submit copy of police report alongwith application for issuance of duplicate certificates with indemnity bond. The complainant complied and submitted relevant documents but OP failed to provide duplicate Kisan Vikas Patra after various demands and cheated the complainant. Therefore, The complaint is filed.
3. The OP No. 1 & 2 have filed reply and denied allegations and admitted that the complaint Mohanlal Bajpeyi had purchased Kisan Vikas Patra amounting Rs.5,00,000/- having CIF No. 302645359 and maturity date 19.09.2023. The certificate issued to the complainant may be encashed at any time after expiry of 2 years and 6 months from the date of purchase of certificate. The complainant had submitted application to issue duplicate certificate for the lost alongwith copy of police complaint with indemnity bond. But in meantime, The Senior Police Inspector of Shanti Nagar police station has informed that vide letter No. 589/2018 dtd.14.05.2018 that the case U/s 202 of Cr.P.C. has been filed bearing case No.4157/2017, therefore, due to pendency of criminal case the duplicate certificate could not be issued and this is not deficiency in service on the part of OP. Hence, case is liable to be dismissed.
4. The counsel for the complainant Adv. Sandeep Bahirwar argued that the complainant had submitted the indemnity bond alongwith police complaint for the issuance of duplicate Kisan Vikas Patra as per demand made by OP No. 1. But the OP failed to issue duplicate Kisan Vikas Patra amounts to deficiency of service.
5. The counsel for the OP No. 1 & 2 Adv. Saurabh Chaudhary argued that the police authority asked the information about account details of the complainant and his daughter-in-law. As per letter issued by the police authority there must be dispute pending regarding their accounts in court. Therefore, it would be for benefit of the parties to issue duplicate Kisan Vikas Patra after the final order of the court for the pending case No.4157/2017 U/s 202 of Cr.P.C. Therefore duplicate certificate could not be issued before finalization of court case. Therefore no deficiency in service on the part of OP.
6. After hearing of case the following points arose for consideration.
POINTS FINDINGS
- Whether the complainant is consumer? Yes.
- Whether there is deficiency in service on the part of OP? Yes.
- What order? As per final order.
REASONING
7. Point No. 1 to 3 – The present dispute in respect of issuance of duplicate Kisan Vikas Patra for Rs.5,00,000/- which were lost on 09.05.2017 at Central Bank of India where the complainant with his grandson had gone for renewal of their fixed deposit. As per notice reply given by OP No. 1 on dtd.14.02.2018, the complainant submitted application for duplicate Kisan Vikas Patra alongwith police report and indemnity bond. The OP No. 1 post office has filed list of documents on 30.09.2022 bearing document No. 2 (Pg.No.3), that issued by police station Shanti Nagar, Nagpur stating that the document lost in the Central Bank of India as per missing report 448/18 at police station Shanti Nagar, those documents did not find out and the investigation to that effect has been stopped. The OP had not filed any certified copy of pendency of any dispute between complainant and daughter-in-law over the subject matter of present case. The complainant has complied and submitted the necessary documents for issue of duplicate Kisan Vikas Patra certificate CIF No. 302645359 with OP and denial of duplicate certificate without filing any certified copies of dispute claiming pendency of any civil or criminal case between the parties amounts to deficiency in service, therefore the complaint case is partly allowed with direction to issue the duplicate Kisan Vikas Patra for the CIF No. 302645359 in favour of complainant alongwith compensation for mental toruture of Rs.15,000/- and Rs.10,000/- for cost of litigation. Hence, we passed following order.
ORDER
- The complaint is partly allowed.
2. The OP No. 1 & 2 is hereby directed to issue the duplicate Kisan Vikas Patra for the CIF No. 302645359 in favour of complainant.
3. The OP No. 1 & 2 is further directed to pay jointly and severally compensation for mental torture of Rs.15,000/- for mental agony and Rs.10,000/- towards cost of litigation to the complainant.
4. Copy of the order shall be supplied to all the parties free of cost.
