Hon'ble Mr. Subhas Ch. Guin, Member.

The fact of the instant case in brief which was filed by the Complainant U/S 12 of the Consumer Protection Act, 1986 is that Complainant Mrs Archana Sarkar purchased 5Nos of NSCS from the Post Office of Kamakhyaguri in the year of 2011 & 2012. But in the year 2013 the above said certificates were lost from her custody and Complainant lodged a G.D. with kamakhyaguri P.S. and finally informed the matter in writing before the Post Master, Kamakhyaguri Post Office and Superintendent of Post Offices, Cooch Behar for issuing duplicate NSCS against the missing ones. On 19.05.2014 Cooch Behar head Post Office issued a letter to the Complainant which stated that Cooch Behar head Post Office instructed the Post Master Kamakhyaguri to issue duplicate NSCS in favour of the Complainant against the missing ones. Then Post Master, Kamahayaguri Post Office issued duplicate 4 Nos of NSCS of Rs.5000/- each on 10/08/2014 in favour of the Complainant. But rest 1 Nos NSCS of Rs.10,000/- was not issued to the Complainant. Therefore, the Complainant went to the Office of the Post Master, Kamakhyaguri Post Office several times for issuance of rest 1 Nos of NSCS which was not issued on 10.08.2014 and served a legal notice for issuance of the same but all attempts were in vain. Finally Complainant filed this case before the District Consumer Disputes Redressal Commission, Cooch Behar. Then O.P. No.1 issued NSCS of Rs.10,000/- in favour of Complainant after filing the case.

POINT FOR CONSIDERATION

1. Is the Complainant a Consumer under C.P. Act 1986?

2. Has the Commission Jurisdiction to try the instant case?

3. Is the Complainant to get relief?

DECISION WITH REASONS

Points No.1.

Complainant purchased 5 Nos of NSCS from the Kamakhyaguri Post Office and thus she was assured to be given service by the Post Office. Therefore, she became Consumer U/S 2(i)(d) of C.P. Act, 1986.

Points No.2.

Complainant is a resident of Cooch Behar district and Office of the O.P. No.2 is situated in Cooch behar town and relief prayed for is Rs.65,000/-( Sixty Five Thousand only) which is also within the limit of this Commission. Therefore, this Commission has the right to try this case.

Points No.3.

Complainant purchased 4Nos of NCSC of Rs. 5,000/- each on 22.02.2011 and another 1No of NSCS of Rs.10,000/- on 09.02.2012. She lost all 5 Nos of NSCS from her custody and lodged a G.D. with the Kamakhyaguri P.S. about the loss on 01.04.2013. Subsequently, she informed the Kamakhyaguri Post Office and Superintendent of Post Office, Cooch Behar for issuance of duplicates against the missing ones. Cooch Behar head Post Office issued order to Kamakhyaguri Post Office for issuing duplicate against 5 Nos missing NCSC on 19.05.2014. But the Post Master, Kamakhyaguri Post Office issued duplicate 4 Nos of NSCS of Rs. 5,000/- each on 10.08.2014 but the duplicate of remaining 1 No NSCS of Rs.10,000/- was not issued on that day on even thereafter until the instant case was filed.

Subsequently, she tried to get the duplicate 1 No NSCS of Rs.10,000/- issued but failed to do so. Lastly she was compelled to file this case on 19.09.2018 and thereafter the duplicate of 1 No NSCS of Rs.10,000/- was issued by the O.P. No.1 after filing this case. No doubt, the conduct of the O.Ps particularly O.P. No.1 puts the Complainant in harassment and suffering. There was deficiency in service on the part of O.P. No.1.

So, Complainant is entitled to get relief.  

Hence for ends of justice, it is

Ordered

That the case No. CC/71/2018 be and the same is allowed ex-parte against O.P. No.1. The O.P. No.1 shall pay a sum of Rs.5,000/- to the Complainant for deficiency in service and harassment and Rs.1,000/- for litigation cost. The O.P. No.1 is further directed to pay the total sum of Rs.6,000/- within 45 days failing which the total amount will carry 6% interest till realization.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.