Hon’ble Mrs. Rumpa Mandal, Member
In a nut shell, the case of the Complainant is that she opened one Savings Account vide A/C No.7840016264 with O.P. No.1. Previously the A/C number was 923531. She made transaction from time to time and lastly on 12.10.2017 when she withdrew Rs.39,000/- from her SB A/C, and the remaining balance was Rs.11,530/-. The Complainant on being instructed submitted her Old/ manual pass book to the O.P. No.1 on 13.10.17 for computerized new pass book. But the new pass book was not given to her. It is alleged that she in urgent need of money was not allowed to withdraw money from her Account. As the new pass book was not given to her, she approached O.P. No.2 the Higher Authority and filed a written complaint on 20.11.18. But no reply was given to her.
So, the Complainant filed the instant complaint before this Forum seeking several reliefs in the Forum of an order directing the O.P. to handover the original computerized pass book with a sum of Rs.11,530/- along with a sum of Rs.20,000/- for mental pain and agony and deficiency in service of Rs.5,000/- towards cost of litigation.
One W/V was filed on behalf of the O.Ps contending that the pass book was already delivered to the Complainant on 02.05.19.
POINTS FOR CONSIDERATION
- Is the Complainant a consumer u/s 2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant complaint?
- Is there any deficiency of service on the part of the O.Ps as alleged by the Complainant?
- Whether the Complainant is entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Point No.1& 2.
The O.Ps raised no objection on these points. However, the Complainant is no doubt, a consumer within the term as defined under C.P. Act, 1986.
The Complainant is the resident of Cooch Behar district and the Offices of O.Ps are located within the jurisdiction of this Forum. Therefore, we find that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within the pecuniary limit of this Forum. Thus, these points are disposed of in favour of the Complainant.
Point No.3 & 4.
Admittedly the Complainant had a Savings Account in the Post Office of O.P. No.1. It is the contention of the Complainant that she withdrew Rs.39,000/- from her said Account on 12.10.17 with the remaining balance on her Account Rs.11,530/-. On that day she was told by the concerned staff to deposit her pass book which was old one for getting a new computerised pass book. Accordingly she deposited her old pass book with O.P. No.1 on 13.10.17. This fact has been stated by the Complainant in Paragraph No.5 of her complaint. In the W/V filed by O.Ps no comment was made in respect of that contention. So, it is admitted by the O.Ps that the original i.e. old pass book of the Complainant in respect of her savings Bank Account was deposited with O.P. No.1 for getting new computerised Pass Book.
Thereafter, the said new pass book was not provided to her. The Complainant was compelled to inform the said matter to Superintendent of Post Office i.e. O.P. No.2 who is the superior Officer of O.P. No.1 on 20.11.18. Still then, the Complainant did not get any response and ultimately she had to lodge this complaint with this Forum on 12.03.19.
Though subsequently on 02.05.19 the pass book was finally handed over to the Complainant after necessary entries but it is quite clear from the aforesaid fact that since the deposit of the old pass book with O.P. No.1 on 12.10.17 for getting new computerised pass book till 01.05.19 she was not supplied with the new pass book.
It is also quite clear from the aforesaid facts that the Complainant could not make any transaction in respect of her said savings Bank Account with the O.Ps for more than 1 year 4 months as she was not supplied with new Pass Book in place of old one which had been deposited with O.P. No.1. This happened due to laches on the part of the O.Ps particularly the conduct of O.P. No.1 and this amounts to deficiency in service towards the Complainant.
So, the Complainant is entitled to get compensation for mental pain, agony arising out of the deficiency of service on the part of the O.Ps.
Accordingly, these issues are decided in favour of the Complainant.
Hence,
It is Ordered
That the instant case be and the same is allowed on contest with cost.
The Complainant is entitled for Rs.5,000/- for compensation and Rs.2,000/- for cost of litigation. The O.Ps are to comply with this order within 30 days from the date of this order, failing which the O.Ps are liable to pay @ 8% per annum on the entire awarded sum for the period remaining due.
The Complainant shall be at liberty to execute the said order in accordance with law if the aforesaid order is not complied with within the time specified.
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 is also available in the official website : www.confonet.nic.in.
Dictated and corrected by me.
