DATE OF FILING : 24.12.2013.
DATE OF S/R : 28.01.2014.
DATE OF FINAL ORDER : 15.09.2015.
1. Tiya Koley,
wife of Sri Ananta Koley,
2. Ananta Koley, ,
son of Kartick Koley,
both are residing at village Uttar Kanasri,
P.O. Uttar Manasri, P.S. Udaynarayanpur,
District Howrah. …..………………………………………… COMPLAINANTS.
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 petitioners, Tiya Koley and Ananta Koley, praying for directing the o.ps. namely Post Master, Uttarmansri Sup Post Office and two others, to pay the maturity amount in respect of account no. 5TD 89372 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 petitioners is that they deposited their money into the scheme of the post office / o.p. amounting to Rs. 7,000/- on 23.08.2005 for a 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 savings pass book. The petitioners are 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 and so credited from 2006 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 petitioners to come after few days. The petitioners 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 petitioners. The complainants along with other lodged several complaints before various authorities and now they are victims of unfair trade practice by the o.ps. and came to the Forum for return of their maturity amount with interest. The petitioners are consumers 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.p. and being a motivated case the same is liable to be dismissed with heavy cost. The o.ps. further submitted that Tiya Koley and Ananta Koley, invested their money in their five years term deposit amounting to Rs. 1,000/-. The branch office is not authorized to issue any pass book including terms deposits and only the sub post offices issue the pass book. The petitioners deposited Rs. 1,000/- only though submitted in para 4 that they invested Rs. 7,000/- in total. The rate of interest for five years term deposit were 7.5% after 1st March, 2003. It is fact that the petitioners never lodged any complaint regarding non receipt of interest nor they informed the matter to any authority in the post office from 2003 to 2007. The petitioners in connivance with Subhendu Chakraborty, the then post master, i.e., o.p. no. 1, manipulated the initial deposit in all the pass books and inflated the amount from Rs. 1,000/- to Rs. 7,000/- by inserting ‘7’ in place of ‘1’. 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 petitioners have any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are 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 petitioners in the name of their savings pass books being account no. 5TD 89372, it is noticed that pass book showing deposits of Rs. 7,000/- each. However, there is material alteration in the book with material alteration in case of denominations being mentioned as well as when written in words.
- Ld. counsel for the petitioners submitted that the petitioners deposited Rs. 7,000/- and they are 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 petitioners and the same show that the petitioners deposited Rs. 1,000/- in case of such time deposit account. In the preliminary savings bank receipt book, it is noticed from the receipt of the dates when the petitioners deposited the amount that the petitioners actually deposited Rs. 1,000/-. This receipt was handed over to the petitioners when they deposited the money and those were 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 petitioners which is not also denied by the complainant and in both sides of the sheets there is mention Rs. 1000/-. Prior to the deposit of money for any time deposit scheme the petitioners had to fill up one application form for opening an account. In the instant case the petitioners, Tiya Koley and Ananta Koley,, filled up application forms for Rs. 1,000/- and both the petitioners Tiya Koley and Ananta Koley, signed in the said application form.
6. From the branch office accounts books for the year 20032004 it is noticed that in the name of the petitioners twice Rs. 1,000/- was deposited and the said accounts books are maintained in the branch post office itself.
- Further going through the time deposit journal maintained in the branch office on
each day. 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 deposits of each person on each page and the name of the petitioners also appearing in the ledger and showing the deposit being Rs. 1,000/- 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 both these petitioners namely Tiya Koley and Ananta Koley, deposited Rs. 1,000/- and when the only document filed by the petitioners 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 one ‘7’ is inserted in place of ‘1’ which could be palpably cleared from the amount when mentioned in words. Thus this Forum concludes saying that the petitioners actually deposited Rs. 1,000/- in such time deposit schemes and the o.ps. also conceded the same and the petitioners are 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.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 454 of 2013 ( HDF 454 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 petitioners are entitled to the sum of Rs. 1,000/- + interest @ 7.5% p.a. since the beginning of the deposits till realization as would be calculated by the o.ps. and to pay the petitioners within 30 days from the date of this order failing the petitioners would be at liberty to put the final order in execution.
The prayers of the petitioners in respect of compensation and costs are denied by the Forum considering the special facts and circumstances of the case.
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.
