The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Post Master, Kankai Post Office, Kankai, Balasore, O.P No.2 is the Post Master of Sub-Post Office, Hatigarh, Balasore and O.P No.3 is the Inspector of Post, Jaleswar Head Post Office, Jaleswar, Balasore.
2. The case of the Complainant in brief is that the Complainant had opened certain R.D (Recurring Deposit) books bearing A/c No.292332, 292125, 292249, 292248, 292247, 292246, 292245, 292244, 292243, 292242 on dtd.09.03.2013 in the Post Office of O.P No.1 and these accounts were controlled by the Post Office of O.P No.2. When the R.D accounts were opened, then it was in manual operation. The Complainant was informed by the O.P No.1 on dtd.11.02.2016 that his R.D transaction books were closed as all the process of operation in Post Office have been computerised and the manual operation was stopped, for which his all R.D operation/ transactions were stopped. So, the Complainant when wanted to withdraw the amount as deposited in his R.D books on dtd.25.04.2017, both the O.Ps No.1 and 2 without assigning any reason refused the Complainant to withdraw the said amount of Rs.3,600/- (Rupees Three thousand six hundred) only along with interest thereof and also both the O.Ps No.1 and 2 have threatened the Complainant, for which the Complainant has sustained physical, mental and financial loss. Cause of action to file this case arose on 09.03.2013 and on 25.04.2016. The Complainant has prayed for payment of deposited amount of Rs.3,600/- (Rupees Three thousand six hundred) only with interest thereof along with compensation.
3. Though the O.Ps have appeared in this case through the Standing Govt. Counsel, but they have filed their written version beyond the statutory period, for which the written version filed by the O.Ps was not accepted. Neither the O.Ps nor the Standing Govt. Counsel was present at the time of hearing of this case. Hence, the O.Ps are set ex-parte.
4. In order to substantiate their claim, both the Parties have filed certain documents as per list. It has been argued on behalf of the Complainant that after opening of 10 R.D Accounts before O.P No.1 and controlled by the O.P No.2, he was depositing the required amount. But in the middle of the transaction, the Complainant was informed by the O.P No.1 about closing of R.D Accounts in manual as computerised system has been introduced. When the Complainant wanted to refund back the amount as deposited which is Rs.3,600/- (Rupees Three thousand six hundred) only in total, the O.Ps did not respond, for which he has sustained irreparable loss, which amounts to deficiency of service on the part of the O.Ps. Admittedly, money of Rs.3,600/- (Rupees Three thousand six hundred) only belongs to the Complainant and he is entitled to get back the same if his R.D Accounts are closed as computerised system has been introduced. The O.Ps are silent in this regard. Perused the documents filed by both the Parties. The O.Ps are set ex-parte as mentioned earlier. So, the entire case of the Complainant remained unchallenged.
5. So, now on careful consideration of all the materials available in the case record, I am in the opinion that it is a fit case to allow this Consumer case by directing the O.Ps, who are jointly and severally liable for refund of deposited amount of Rs.3,600/- (Rupees Three thousand six hundred) only of the Complainant along with interest thereof @ 9% per annum for the defaulting period along with compensation of Rs.1,000/- (Rupees One thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount due from the date of order till realization. Hence, ordered:-
O R D E R
The Consumer case is allowed on ex-parte against the O.Ps with cost. The O.Ps are jointly and severally directed for refund of deposited amount of Rs.3,600/- (Rupees Three thousand six hundred) only of the Complainant along with interest thereof @ 9% per annum for the defaulting period along with compensation of Rs.1,000/- (Rupees One thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount due from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law in case of failure by the O.Ps to comply the Order.
Pronounced in the open Forum on this day i.e. the 7th day of November, 2019 given under my Signature & Seal of the Forum.