DATE OF FILING : 24.12.2013.
DATE OF S/R : 28.01.2014.
DATE OF FINAL ORDER : 15.09.2015.
Jayanta Koley,
son of Kartick Koley,
residing at village Uttar Manasri, P.O. Uttar Manasri,
P.S. Udayanarayanpur,
District Howrah………. …..………………………………………… COMPLAINANT.
1. The Post Master,
Uttarmanasri Sub Post Office,
village Uttar Manasri, P.O. Uttar Manasri,
P.S. Udaynarayanpur, District Howrah,
PIN 711412.
2. The Inspector of Posts,
Amta Sub Division,
Amta 711401.
3. The Senior Superintendent of Post Master,
Howrah Division,
Howrah 711101. ……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Jayanta Koley, praying for directing the o.ps. namely Post Master, Uttarmansri Sub Post Office and two others, to pay the maturity amount in respect of account no. 5TD 89316, including interest till realization and to pay compensation for a sum of Rs. 1,50,000/- for physical and mental harassment and Rs. 20,000/- as litigation costs.
- The case of the petitioner is that he deposited his money into the scheme of the post office / o.p. amounting to Rs. 16,000/- on 26.06.2004 for five years term deposit. It was promised that the o.p. would pay interest 7.5% per annum for five years and the o.p. no. 1 also issued the pass book. The petitioner is to go to the office of o.p. no. 1 with the said pass book each year and the o.p. no. 1 entered in the pass book by crediting interest from 2003 to 2007 but in the year 2008 the o.p. told that they are unable to credit the interest in the pass book and asked the petitioner to come after few days. The petitioner went on requesting the o.p. no. 1 for crediting the interest and the o.p. no. 1 neither credited interest in the pass book nor paid the maturity amount in favour of petitioner. The complainant lodged several complaints before various authorities and now he is victim of unfair trade practice by the o.ps. and came to the Forum for return of his maturity amount with interest. The petitioner is consumer and the o.p. nos. 1 & 2 are service providers and the cause of action arose on December, 2011 and the case was filed in December, 2013.
3. The o.ps. contested the case by filing a written version denying the material allegations made in the petition and submitted that the case is not maintainable in law and facts and there is no cause of action against the o.ps. and being a motivated case the same is liable to be dismissed with heavy cost. The o.ps. further submitted that Jayanta Koley invested his money in their five years term deposit being one in number amounting to Rs. 1,000/- in fixed deposit. The branch office is not authorized to issue any pass book including terms deposit and only the sub post offices issue the pass book. The petitioner deposited Rs. 1,000/- only though submitted in para 3 that he invested Rs. 16,000/- in total. The rate of interest for five years term deposit were 7.5% after 1st March, 2003. It is fact that the petitioner never lodged any complaint regarding non receipt of interest nor he informed the matter to any authority in the post office from 2005 to 2007. The petitioner in connivance with Subhendu Chakraborty, the then post master, i.e., o.p. no. 1, manipulated the initial deposit in his pass book and inflated the amount from Rs. 1,000/- to Rs. 16,000/- by process of inserting ‘6’ in between ‘1’ & ‘000’. In this connection F.I.R. has been lodged at Uddaynarayanpur P.S. by Inspector of Post Office Amta sub division and the case is under police investigation since 11.6.2008. There is no deficiency in service on the part of the o.ps. who are ready and willing to pay the actual matured amount if claims are preferred along with admissible interest till realization on the six fixed deposit and thus this baseless claim is liable to be dismissed.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. On scrutiny of the documents filed by the petitioner in the name of his savings pass book being account no. 5TD 89316, it is noticed that pass book showing deposit of Rs. 1,000/- each. However, there is material alterations in the book.
- Ld. counsel for the petitioner submitted that the petitioner deposited Rs. 16,000/- showing in the pass book and he is entitled to the matured sum after the expiry of the time deposit scheme getting matured. The o.p. post offices placed before this Forum documents like the time deposit ledger maintained in the sub post office of Chitrasenpur and the preliminary savings bank receipt book and the branch office accounts book and time deposit journal of branch office and lastly application for opening an account by the petitioner and the same show that the petitioner deposited Rs. 1,000/- in the case of such time deposit account. In the preliminary savings bank receipt book, it is noticed from the receipt of the dates when the petitioner deposited the amount that the petitioner actually deposited Rs. 1,000/-. This receipt was handed over to the petitioner when he deposited the money and that was taken back by the branch office when the pass book mentioning their time deposit number was handed over to them and on the back page of every sheet there is signature of the petitioner which is not also denied by the complainant and in both sides of the sheets there is mention in case Rs. 1,000/-. Prior to the deposit of money for any time deposit scheme the petitioner had to fill up one application form for opening an account. In the instant case the petitioner, Jayanta Koley, filled up one application form for Rs. 1,000/- and the petitioner, Jayanta Koley, signed in the said application form.
6. From the branch office accounts books for the year 2003/2004 it is noticed that in the name of the petitioner Rs. 1,000/- was deposited and the said accounts book is maintained in the branch post office itself.
7. Further going through the time deposit journal maintained in the branch office on each day it is noticed that Rs. 1,000/- was deposited by the petitioner on 26.06.2004. Thus, the journal also corroborates the amount of money mentioned in the application for opening account and the preliminary savings bank receipt and others.
8. Last but not the list is the time deposit ledger maintained in the sub post office at Chitrasenpur under which the post office of Uttar Manasri is located showing the time deposit and the name of the petitioner also appearing in the ledger and showing the deposit being Rs. 1,000/- on 26.06.2004 and the above document cannot be disbelieved by this Forum being primary and intrinsic evidence here.
9. This Forum heard the ld. counsels of both sides on the above case and keeping in mind the averments in the petition as well as in the written version by both parties and also keeping in mind the provision of law as well as the submissions of ld. counsels made in the form of B.N.A. and also in all the above documents there is clear mention that the petitioner namely, Jayanta Koley, deposited Rs. 1,000/- in time deposit scheme and when the only document filed by the petitioner namely the pass books in respect of the said time deposit account with all material alterations both in digits as well as in words then these documents got no legs to stand. Our National Commission in 1995 CPJ Vol. 1 page 177 categorically opined that the savings pass book is not a conclusive prove of deposit by the petitioners and this Forum also finds that when the pass book was prepared by the sub post office at Chitrasenpur and the same handed over to the petitioners through the branch post master then the amount mentioned was in tune of the other documents. Being one with the opinion of our National Commission we find that the pass book not being a conclusive prove of deposits and when such pass books are rather with material alteration then no reliance can be placed on such document as in the pass book by process of inserting ‘6’ in between ‘1’ & ‘000’ which could be palpably clear from the amount when mentioned in words. Thus this Forum concludes saying that the petitioners actually deposited Rs. 1,000/- in the time deposit scheme and the o.ps. also conceded the same and the petitioner is entitled to get the above sum with interest being 7.5% p.a. as mentioned therein till realization since the beginning of the deposits. All the issues are decided partly in favour of the petitioners.
In the result, the claim case succeeds in part as the petitioner also in para 3 of his claim petition submitted that he deposited sum of Rs. 16,000/- before the o.p. post office but his documents proving that he deposited only Rs. 1,000/- and such documents are duly signed by him. Thus, the case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 451 of 2013 ( HDF 451 of 2013 ) be and the same is allowed on contest against the o.ps. in part without costs and compensation considering the facts and circumstances special in this case.
The petitioner is entitled sum of Rs. 1000/- + interest @ 7.5% p.a. since the beginning of the deposit till maturity and @ 9% p.a. till realization as would be calculated by the o.ps. and to pay the petitioner within 30 days from the date of this order failing the petitioner would be at liberty to put the final order in execution.
The prayers of the petitioner in respect of compensation and costs are denied by the Forum considering the special facts and circumstances of the case as petitioner tried to mislead Forum with alterations.
The case is thus disposed of accordingly.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
