DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31^st day of December 2008.

Present : Smt. H. Seena, President

: Smt. Preetha.G. Nair (Member)

Smt. Bhanumathi.A.K. (Member)

C.C.No.119/2007

Achuthankutty.M.

Sarovaram

Elanjimandam

Kollengode Post

Palakkad. - Complainant

(Advocate )

V/s

1. The Post Master

Kollengode Post Office

Kollengode

Palakkad

2. The Senior Superintendent

District Post Office

Palakkad - Opposite parties.

(Advocate )

O R D E R

By Smt. H. Seena, President

1. Complainant had opened a MIS account at Kollengode Post Office on 14/01/2000 for Rs.4,08,000/- under No.1295. The monthly interest rate was automatically credited to his SB Account. Period of maturity of MIS account is 6 years. On maturity he is entitled to get 10% bonus also. The said account matured on 14/01/2006. According to the complainant, he went to Post office on 14/01/2006 and on 30/01/2006. But the postal authorities has not informed him about the date of maturity. On 21/02/2006, he came to know about the maturity date from the post office. Account was closed and the complainant received the principal amount and 10% bonus. On the same day itself he opened a new MIS account investing Rs.4 lakhs and the new account was opened under No. 3858. Government of India amended the MIS rules stating that no bonus shall be paid to the deposits made in the MIS accounts opened on or after the 13^th day of February 2006. Complainant is aggrieved by the

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fact that had he been informed about the maturity date earlier by the postal authorities, he would have reinvested the amount sufficiently earlier . Again when the rule was amended, the amount was in the post office deposits. Hence the complainant is claiming Rs.40,000/- as bonus and Rs.2,000/- as compensation.

2. Opposite parties filed version. The contention of Opposite parties is as follows.

   There is no provisions in the rules for intimating the date of maturity in advance to the account holder in the Post Office Savings Bank Act or rules and complainant has presented only the SB Pass book and not the MIS Pass books and hence the Post office staff cannot make out the maturity date from the SB Pass book. When he came to the Post office on 21/02/2006, he was informed of the maturity of the account because the 72 instalments of due interest was already over in January 2006 and no further interest for the said MIS account could be allowed from February 2006 onwards. The date of maturity is clearly mentioned in the MIS pass book and it is his responsibility to have a watch on the maturity date. Further Government of India vide OM No.02/02/2006 NSD dated 10/02/2006 has amended the rule of MIS rules 1987 stating that no bonus shall be paid to the deposits made in the MIS accounts opened on or after the 13^th day of February, 2006. In view of the above, account opened on 21/02/2006 by the complainant will not get any bonus at the time of maturity. Postal department is doing savings Bank work as an agency of Ministry of Finance under the Government Savings Bank Act 1873, Post office savings Bank general rules 1981 and the post office saving account rules 1981. The Post office monthly income account rules came into effect from 15/08/1987 and rule 3 of the said rules provide that the savings bank act and savings account rules are applicable to MIS also, Section 15 of savings Bank Act provides that Central Government may by notification in the official gazette make rules for carrying out the purpose of the Act. According to the Opposite parties, there is no deficiency of service on the part of the opposite parties.

3. The evidence adduced consists of affidavit and Exhibit A1 to A5 on the side of the complainant and proof affidavit and Exhibit B1 & B2 on the side of Opposite parties.

    

4. The issues for consideration are

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1. Whether there is deficiency of service on the side of the opposite parties ?

2. If so, what is the relief and cost?

Points 1 & 2

The limited question to be considered is whether the act of the Opposite party in not informing the date of maturity amounts to deficiency of service and whether the amount in the deposit at the bank after the period of maturity can be treated as an investment for the purpose of making the amended rule non applicable.

The Opposite parties are not duty bound to inform the date of maturity to the complaint under the post office savings bank act or rules. Complainant himself has admitted the fact that he have forgotten the date of maturity. Opposite parties cannot be made responsible for the negligence of the complainant. Complainant has withdrawn the amount for reinvestment on 21/02/2006.

As per the Gazette notification vide OM No... 2/2/2006 NS II dated 10/02/2006 Government has amended the rule 9 of MIS rules 1987 stating that no bonus shall be paid to the deposits made in the MIS accounts opened on or after 13^th day of February 2006. In view of the above, account opened on 21/02/2006 by the complainant will not get any bonus at the time of maturity. The contention of the complainant that the said amount was in the deposit at the bank before 13/02/2006 cannot be accepted. Copy of the gazette notification is marked as Exhibit B2. Since the Opposite parties acted in accordance with the rules, we are not is a position to attribute deficiency of service on their part.

In the result, complaint dismissed.

Pronounced in the open court on this the 31^st day of December, 2008.

President (SD)

Member (SD)

Member (SD)

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APPENDIX

Exhibits marked on the side of the complainant

1. Ext. A1 - Copy of registered letter sent to The Chief Post Master General, Thiruvananthapuram

2. Ext A2 – Copy the personal letter sent to Chief Post Master General, Thiruvanantha-

   puram.

3. Ext A3 - Copy of letter received from the office of the Postmaster General,

   Northern region, Kerala Circle, Calicut dated 20/08/2007

4. Ext A4 - Copy of letter received from the office of the Postmaster General,

Northern region, Kerala Circle, Trivandrum dated 18/09/2007

5. Ext. A5 – Registered letter received from the Accounts Officer Office of the Post Master General Northern Region, Kerala Circle. Dated 12/06/2006

Exhibits marked on the side of the Opposite party

1. Ext B1 - Copy of the clarification on the amendment to Post office of Government of India, Ministry of Communications & IT Department of posts dated 12/06/2006.

    

2. Ext B2 – Copy of Amendment to MIS Account scheme of the Postmaster General,

Northern region, Kerala Circle, Trivandrum dated 13/02/2006

Forwarded/By Order

Senior Superintendent