Order No. -29 Dt.-03/07/2014
The record is placed before us for passing final order.
The hearing arises out of an application filed by Sri Hemanta Adhikari (complainant) on 06/05/2013 against The Post Master of Promodnagar, Branch Post Office, Village & P.O.-Promodnagar via Jateswar, P.S.-Falakata, Dist.-Jalpaiguri, and another.(Opposite Party) which was registered as C.C.30/2013.
Complainant’s case in short is that he is the holder of SB A/C no.-301824 of Promodnagar Branch Post Office. On 16/06/2009 the complainant had deposited Rs.7000/- in his said A/C but no entry was made in his passbook by the post master of the said Branch Post Office despite complainant’s several requests. On 06/04/2011 the O.P.1 took the passbook from the complainant for updating the A/C and the interest and at that time the balance was Rs.3900/- upto 25/04/2010. The O.P.1 assured the complainant to return back the passbook within 15(fifteen days). But O.P. didn’t return the passbook. So the complainant made several letter correspondence with O.P.1 and O.P.2 and also wrote letters to O.P.1 and O.P.2 under R.T.I. Act for his A/C statement but they paid no heed to those letters. On 31/10/11 the complainant reported the matter to the Assistant Director, Consumer Affairs & Fair Business Practices Department On the basis of letter dt.22/12/11 issued by the Consumer Affairs & Fair Business Practices Department, the O.P.1 handed over the duplicate passbook to the complainant showing balance of Rs.200/- instead of Rs.3900/-. The complainant reported this matter to the Assistant Director, Consumer Affairs & Fair Business Practices Department on 10/01/12. On 10/01/12 the Assistant Director, Consumer Affairs & Fair Business Practices asked O.P.2 to take immediate steps to redress the grievance of the complainant and on 20/06/12 the O.P.2 was asked to submit status report. On 17/07/12 the O.P.2 sent the status report to the Assistant Director, Consumer Affairs & Fair Business Practices. On 14/08/12 the Assistant Director advised the complainant to file complaint before this Forum.
On 29/08/12 the complainant wrote a letter to the District Magistrate, Jalpaiguri over the matters and sent copy of letter to Regional Post Master Siliguri and Branch Post Office Falakata on 02/04/12 the complainant served legal notice upon O.P.no.2 asking him to hand over original passbook and cost of Rs.25000/- for harassment, mental agony, etc.
It is alleged by the complainant that O.P.no.1 is guilty for deficiency in service and for Unfair Trade Practice.
Under this background the complainant has filed this case and prayed for the reliefs specified in his petition of complaint.
The O.Ps. have contested the case by filing one Written Objection on 05/08/13 wherein the O.Ps. have denied and disputed the claim and contention of the complainant and prayed for dismissal of the case.
The specific stand of the O.Ps. is that there is no ioha of evidence of deposit of Rs.7000/- by the complainant on 16/06/2009 in his SB A/C no.-301824 in Promodnagar Branch Office. A departmental enquiry was conducted over the matter by appropriate Authority of Postal Department but it was established in the said enquiry that Xerox copy of the deposit slip is manufactured one and fake .
POINTS FOR CONSIDERATION.
- Is the case maintainable?
- Is the complainant a consumer as per provision of Consumer Protection Act.1986?
- Are the O.Ps. guilty for deficiency in service and for doing Unfair Trade Practice as alleged?
- Is the counter part of the deposit slip dt.16/06/09 filed by the complainant manufactured and fake as alleged by the O.Ps.?
- Is the complainant entitled to get the reliefs as prayed for? If so to what extent?
DECISION WITH REASONS
All four points are taken up together for consideration and decision for the sake of convenience.
Seen and perused the petition of complaint, the W.V. and all other relevant documents and materials on record. We have heard the arguments advanced by the Ld.Lawyer of both sides at a length in full on the previous date.
Points 1 & 2:-
Although the O.Ps. have challenged the maintainability of the case in its Written Version but this point was not agitated at the time of hearing of the case.
Now on careful perusal of the petition of complaint and other relevant materials on record we find nothing adverse against the maintainability of this case.
Admittedly the complainant is a customer of the Promodnagar Branch Post Office as he has been maintaining SB A/C no.301824 in the said Post Office. Therefore we have no hesitation to hold that the complainant is a consumer as per provision of Consumer Protection Act 1986.
Points 1 & 2 are accordingly answered in favour of the complainant.
Points 3, 4 & 5:-
These points are taken up together for consideration and decision as they are inseparable related to each other.
The prime allegation of the complainant is that on 16/06/2009 he has deposited Rs.7000/- in his SB Account No.-301824 at Promodnagar Branch Post Office but the Post Master made no entry of the said SB A/C passbook of the complainant either on 16/09/2009 or on any subsequent dates despite complainant’s several requests and letter correspondence with postal authority . On 06/04/11 the O.P.1 took the passbook from the complainant with the plea to update his A/C giving him assurance that he will return back the passbook within 15 days. But the O.P. Gave the complainant a duplicate passbook on 23/12/11 showing balance of Rs.200/- only instead of Rs.3900/-. after complainant’s repeated requests, letter correspondence with O.P.2 and after interference of Assistant Director, Consumer Affairs & Fair Business Practices Jalpaiguri.
As against this the case of the O.Ps. Is that the complainant didn’t deposit Rs.7000/- on 16/06/09 in his SB A/C No.-301824 at Promodnagar Branch Post Office and that the xerox copy of the deposit slip dt.16/06/09 filed by the complainant is manufactured and fake and that as the original passbook was misplaced, a duplicate passbook was issued to the complainant on 23/12/11 but the complainant didn’t receive the same.
Now after careful and meticulous examination of the original counter part of deposit slip dt.16/06/09 filed by the complainant we find that this counter part of the deposit slip was printed by the Postal Department, Government of India and that by this deposit slip Hemanta Adhikari i.e. The complainant had deposited Rs.7000/- in his SB A/C no.-301824. This counter part of deposit slip is bearing the date and seal of Promodnagar Branch Post Office as well as the dated signature of the SB Assistant of Promodnagar Branch Post Office. The O.Ps. have claimed that the result of departmental enquiry conducted by the Postal Department shows that the counter part of deposit slip is manufactured and fake. The O.Ps. Have not produced the proceeding of their alleged departmental enquiry. On careful reading of the reasons shown by the O.Ps. In their W/V we find that the original counter part of deposit slip dt.16/06/09 was not collected by the Postal Enquiry Authority and on the basis of Xerox copy of that counter part the Enquiry Authority came to the conclusion that the Xerox copy of the counter part of this deposit slip is manufactured and fake. Furthermore there is no whisper in the reasons shown in the W/V filed by the O.Ps. that the SB Assistant who puts dated signature on the original counter part of the deposit slip dt.16/06/09, was interrogated or not or whether any explaination was called for from that employee of Promodnagar Branch Post Office by the alleged Enquiry Authority. Now we find from the original counter foil of the deposit slip dt. 16/06/09and the receipt issued by the employee of Promodnagar Branch Post Office on 16/04/11 after receiving the original passbook from the complainant that both the signatures on the original counter part of the deposit slip and on the acknowledgement slip(receipt) are same and identical. Therefore it is clear that the employee of Promodnagar Branch Post Office who had received Rs.7000/- from the complainant on 16/06/09 to deposit the said money in the SB A/C no.-301428 of the complainant at Promodnagar Branch Post Office and puts his dated signature on this original counter part of the deposit slip dt.16/06/09 also puts his dated signature on the acknowledgement slip after receiving original passbook from the complainant on 06/04/11. The latter fact has been admitted by the O.Ps. in their W/V, paragraph 10 wherefrom it is clear that the employee of the Promodnagar Branch Post Office received the original passbook from the complainant for interest posting on 06/04/11 on proper receipt issued by O.P.No.1. So it is clear that the postal department or enquiry authority could identify the employee of Promodnagar Branch Post Office who issued the counter part of the deposit slip dt.16/06/09 receiving Rs.7000/- from the complainant without making entry either in the passbook of the complainant or in the ledger of the Post Office regarding the said deposit. But that was not done.
Now we find that the original counter part of the deposit slip received dt.16/06/09 is the printed form of Postal Department of Government of India and there is a circle(of date and stamp) printed on the left bottom on this printed counter part of this deposit slip like other deposit slips of the Postal Department and the Postal date and stamp was affixed on this circle of this counter foil of the deposit slip by the SB Assistant on 16/06/09 obviously after receiving Rs 7000/- from the complainant. Furthermore it is clear from the petition dt.16/09/13 filed by the O.Ps. for scientific investigation of the counter part of the deposit slip dt.16/06/09 by an expert forensic department Bhabani Bhaban Kolkata it is clear that the O.Ps. were not at all satisfied with the result of their departmental enquiry and for that reason they filed the said petition on 06/09/13. The said petition was rejected by this Forum on contest on 28/11/13 but the O.Ps. didn’t prefer revision/appeal before the upper Forum challenging the order dt.28/11/13.
In this view of the matter we have reason to believe that the alleged departmental enquiry was conducted by the Postal Department in a very slip shod manner and as such that department enquiry was not proper and transparent. Thus the result and outcome of that improper departmental enquiry will not affect the case of the complainant in any way.
In view of our discussions made herein before and after due consideration of the materials on record and arguments advanced by the Ld.Lawyers of both sides we find and hold that the counter part of the deposit slip dt.16/06/09 filed by the complainant is neither manufactured nor fake as claimed by the O.Ps. rather it is a genuine document. As O.P.1 made no entry in the SB A/C Passbook of the complainant or in the ledger of the Post Office regarding complainant’s deposit of Rs.7000/- on 16/06/09 despite complainant’s repeated request and letter correspondence and O.P.2 took no positive step to redress the grievance of the complaint and as O.P.1 & 2 didn’t return back the original passbook to the complainant within 15 days and as the O.Ps. issued duplicate passbook to the complainant after lapse of 8months approx. showing therein one entry of Rs 200/- only which contradicts their own statement of accounts and without showing the previous transaction in the duplicate passbook, so both the O.Ps. are found guilty for deficiency in service. As the Postal Department is an important wing of Government of India and run by the Government of India, so question of Unfair Trade Practice by the O.Ps. doesn’t arise.
In this view of the matter we find and hold that the complainant is entitled to get the reliefs specified below.
All three points are answered in favour of the complainant and against the O.Ps.
In the result the case/application succeeds.
Hence, it is
O R D E R E D
that the case is allowed on contest against both the O.Ps. with cost of Rs.5000/-(Five Thousand). The complainant do get the award of Rs.20,000/-(Twenty Thousand) in the head of harassment, mental agony and damage. The complainant do get further award of Rs.7,000/-(Seven Thousand) which he gave to O.P.1 on 16/06/09 to deposit the same in his SB A/C no.301824. The O.Ps. 1 & 2 are directed to pay the aforesaid amount of Rs.20,000/- and cost of Rs.5,000/- to the complainant within 1(one) month from this date failing which they will have to bear interest @ 9%p.a. till realization and the complainant shall be at liberty to realize the same by putting this order into execution in accordance with law. O.P.1 is hereby directed to deposit Rs.7,000/- with interest @ 9% p.a. from 16/06/09 till realization in the SB A/C no.301824 of the complainant in Promodnagar Branch Post Office within 1(one) month from this date failing which the complainant shall be at liberty to realize the same by putting this order into execution in accordance with law.
Let copy of this final order be supplied to the parties free of cost forthwith in terms of Sec.5(10) of West Bengal Consumer Protection Act 1987.
