Order dictated by:
Smt.Bhupinder Kaur, Member
1. The complainant has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 on the allegations that the father of the complainant had got opened a PPF Account bearing No.0599594216 on 28.03.1990 in the name of the complainant as at the time of opening the said account, the complainant was minor; that said PPF account is a regular account and the amount was regularly being deposited in the said account; that father of the complainant had got opened the account in the name of the complainant because there is a rebate in the income tax and the amount deposited in the said account is exempted from tax. On 1.3.2016 the complainant had deposited a cheque No.630388 for a sum of Rs.50,000/- drawn on IOB Branch Moga and the said amount was duly debited from the account of the complainant. In the next year i.e. in the year 2017, the complainant again issued a cheque of Rs.50,000/- in favour of Post master, Moga bearing cheque No.649658 dated 28.03.2017 and the amount of the said cheque was debited in the account of the complainant and was duly deposited in the account of Post Master, Moga, copy of bank statement of the complainant is enclosed herewith. When the complainant visited the branch of opposite party No.1 for completion of the Pass Book of his PPF account and at that time, the officials of opposite party No.1 told the complainant that the cheque which has been deposited in the year 2016 has wrongly been credited in the account of some Savita Bansal and further the official of opposite party No.1 told the complainant that as the amount for the year 2016 has not been credited in his PPF account, so the said PPF account has to be closed and they further told the complainant that he should get his fresh PPF account open. The complainant was astonished on hearing the above said fact. It is pertinent to mention over here that the complainant had already obtained the income tax rebate for the year 2016-2017. The complainant had requested to opposite party No.1 that there is no fault on his part and in case, the account is not continued, then he will suffer a great financial loss apart from criminal proceedings, which will be initiated by the Income Tax Department against him as he has already obtained the rebate from the Income Tax Authorities. Moreover, the complainant has requested opposite party No.1 that there is no fault on his part, then why he should suffer. But opposite party No.1 did not bother the requests of the complainant and flatly refused the request of the complainant. Thereafter, the complainant made a written complaint to opposite party No.2 and narrated the whole story to opposite party No.2. At that time, the opposite party No.2 assured the complainant that he will do the needful as the complainant is not at fault. After passing of more than 3 months, opposite party No.1 instead of redressing the complaint of the complainant, sent two cheques dated 1.7.2017 of Rs.50,000/- each in favour of the complainant on account of refund of PPF amount against the cheque No.630688 dated 27.2.2016 and cheque No.649658 dated 27.3.2017 which were deposited by the complainant in his PPF account. It is pertinent to mention over here that the complainant has not got encashed the above said cheques and had rather returned the said cheques to opposite party No.1. Thereafter, the complainant visited the office of opposite parties, but they failed to redress the complaint of the complainant and rather flatly refused the request of the complainant. Due to the above said illegal acts of the opposite parties, the complainant had suffered harassment, mental torture, agony apart from financial loss etc. The complainant is moving pillar and post for getting justice. Many times the complainant requested the opposite parties to redress the genuine complaint of the complainant, but with no effect. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Parties be directed to continue the PPF account of the complainant and an amount of Rs.5 lacs on account of unnecessary harassment, mental tension, financial loss etc. and a sum of Rs.55,000/- on account of litigation expenses be also granted.
Hence, this complaint.
2. Upon notice, opposite parties appeared and contested the complaint by filing joint written statement taking preliminary objections therein inter alia that the complainant is estopped by his own act and conduct to file the present complaint; that the instant complaint is at pre mature stage. After the legal notice given by the complainant, the process of reply period i.e. 60 days as per law is pending, the complainant has filed the complaint at pre-mature stage, thus the complaint is not maintainable; that the complainant has not come to this Forum with clean hands. The complainant has suppressed and misstated the material facts from this Forum. In fact, the true facts are that the account was got opened on 28.3.1990 for period of 15 years which was further extended for block of five years twice and got matured on 31.03.2015 and it was not further extended after 31.03.2015. The cheque No.630388 for Rs.50,000/- was presented at Moga, Head Office on 27.2.2016 alongwith pay in slip. Cheque was sent to the bank for the clearance which got cleared on 1.3.2016. While depositing the amount in PPF account, the account number mentioned by the depositor was account No.1100378 on pay in slip instead of account No.1100318 which is in the name of Ms.Satya Wati and not in the name of Anurag Bansal. As such, this cheque was kept credited in Post Office Account. The depositor never attended post office to know the fate of his cheque and to update his passbook during the whole year. As such, this error by depositor led to non credit of the amount in complainant's account. As is evaident from the Do's and Don't's mentioned in the last page of PPF Passbook provided to the Complainant, photocopies of the same have been appended by the Complainant himself, he was required to check the balance after each transaction to ensure that it is correct. The Complainant was further required to communicate directly to the Postmaster in case of any alteration/ erasure or correction in the passbook and to confirm balance on interest posting after 31st march each year. Had the Complainant approached the Post office for updation of passbook after alleged transaction dated 1.3.2016 or posting of interest after 31.3.2016, the no crediting of the amount in his account because of incorrect mentioning of account number by him on the SB Pay In slip, could have been detected there and then and Complainant could also been informed that his PPF, account has already been matured on 31.3.2015. On merits, the Opposite Parties took up the same and similar pleas as taken up by them in the preliminary objections. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case, complainant tendered into evidence affidavit Ex.C1 in support of the allegations made in the complaint and also produced additional affidavit of Complainant Ex.C2 and copies of documents Ex.C3 to Ex.C14 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Jarnail Singh Bhullar, Superintendent Post Office Ex.OPs1 and copies of documents Ex.Ops2 to Ex.Ops6 and closed the evidence on behalf of Opposite Parties.
5. Ld.counsel for the Complainant has mainly contended that the father of the complainant had got opened a PPF Account bearing No.0599594216 on 28.03.1990 in the name of the complainant as at the time of opening the said account, the complainant was minor. It was argued that said PPF account is a regular account and the amount was regularly being deposited in the said account; that father of the complainant had got opened the account in the name of the complainant because there is a rebate in the income tax and the amount deposited in the said account is exempted from tax. It was contended that on 1.3.2016 the complainant had deposited a cheque No.630388 for a sum of Rs.50,000/- drawn on IOB Branch Moga and the said amount was duly debited from the account of the complainant. In the next year i.e. in the year 2017, the complainant again issued a cheque of Rs.50,000/- in favour of Post master, Moga bearing cheque No.649658 dated 28.03.2017 and the amount of the said cheque was debited in the account of the complainant and was duly deposited in the account of Post Master, Moga, copy of bank statement of the complainant accounts for Ex.C6. When the complainant visited the branch of opposite party No.1 for completion of the Pass Book of his PPF account and at that time, the officials of opposite party No.1 told the complainant that the cheque which has been deposited in the year 2016 has wrongly been credited in the account of some Savita Bansal and further the official of opposite party No.1 told the complainant that as the amount for the year 2016 has not been credited in his PPF account, so the said PPF account has to be closed and they further told the complainant that he should get his fresh PPF account open. The complainant was astonished on hearing the above said fact. It was further argued that the complainant had already obtained the income tax rebate for the year 2016-2017. The complainant had requested to opposite party No.1 that there is no fault on his part and in case, the account is not continued, then he will suffer a great financial loss apart from criminal proceedings, which will be initiated by the Income Tax Department against him as he has already obtained the rebate from the Income Tax Authorities. Moreover, the complainant has requested opposite party No.1 that there is no fault on his part, then why he should suffer, but opposite party No.1 did not bother the requests of the complainant and flatly refused the request of the complainant. Thereafter, the complainant made a written complaint to opposite party No.2 and narrated the whole story to opposite party No.2. At that time, the opposite party No.2 assured the complainant that he will do the needful as the complainant is not at fault. After passing of more than 3 months, opposite party No.1 instead of redressing the complaint of the complainant, sent two cheques dated 1.7.2017 of Rs.50,000/- each in favour of the complainant on account of refund of PPF amount against the cheque No.630688 dated 27.2.2016 and cheque No.649658 dated 27.3.2017 which were deposited by the complainant in his PPF account. It is pertinent to mention over here that the complainant has not got encashed the above said cheques and had rather returned the said cheques to opposite party No.1. Thereafter, the complainant visited the office of opposite parties, but they failed to redress the complaint of the complainant and rather flatly refused the request of the complainant. It was contended that due to the above said illegal acts of the opposite parties, the complainant had suffered harassment, mental torture, agony apart from financial loss and hence, deficiency in service on the part of the Opposite Parties is alleged by the Complainant.
6. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contentions of the ld.counsel for the Complainant on the ground that the true facts are that the account was got opened on 28.3.1990 for period of 15 years which was further extended for block of five years twice and got matured on 31.03.2015 and it was not further extended after 31.03.2015. The cheque No.630388 for Rs.50,000/- was presented at Moga, Head Office on 27.2.2016 alongwith pay in slip. Cheque was sent to the bank for the clearance which got cleared on 1.3.2016. While depositing the amount in PPF account, the account number mentioned by the depositor was account No.1100378 on pay in slip instead of account No.1100318 which is in the name of Ms.Satya Wati and not in the name of Anurag Bansal. As such, this cheque was kept credited in Post Office Account. The depositor never attended post office to know the fate of his cheque and to update his passbook during the whole year. As such, this error by depositor led to non credit of the amount in complainant's account. As is evident from the Do's and Don't's mentioned in the last page of PPF Passbook provided to the Complainant, photocopies of the same have been appended by the Complainant himself, he was required to check the balance after each transaction to ensure that it is correct. The Complainant was further required to communicate directly to the Postmaster in case of any alteration/ erasure or correction in the passbook and to confirm balance on interest posting after 31st march each year. Had the Complainant approached the Post office for updation of passbook after alleged transaction dated 1.3.2016 or posting of interest after 31.3.2016, the no crediting of the amount in his account because of incorrect mentioning of account number by him on the SB Pay In slip, could have been detected there and then and Complainant could also been informed that his PPF, account has already been matured on 31.3.2015 and hence, there is no deficiency in service on the part of the Opposite Parties.
7. Perusal of the record shows that the account of the Complainant was extended from 31.3.2015. Had it been so then Opposite Party no.1 should have flatly refused the Complainant to deposit the amount after 31.3.2015. in this way, on one side, the Opposite Party no.1 got deposited the amount on 27.2.2016 and thereafter in the year of 2017 and on the other hand, Opposite Party no.1 is alleging that the account was never extended after 31.3.2015 and in this way, the Opposite Party no.1 is blowing hot and cold in the same breath and they are not sure what are the true facts. The further contention of the Opposite Party no.1 is that while depositing the amount in PPF account, the account number mentioned by the depositor was account No.1100378 on pay in slip instead of account No.1100318 which is in the name of Ms.Satya Wati and not in the name of Anurag Bansal. As such, this cheque was kept credited in Post Office Account. We have perused the copy of pay-in-slip Ex.C5 shows with naked eye that the account number is mentioned as 1100318 and not 1100378 which is the correct account number of the Complainant and this version of the Opposite Party no.1 goes against them and in such a situation, the Opposite Party no.1 is also at fault for depositing the amount of the Complainant in some other account due to their negligence and carelessness. Further contention of the Opposite Party no.1 is that had the Complainant approached the Post office for updation of passbook after alleged transaction dated 1.3.2016 or posting of interest after 31.3.2016, the no crediting of the amount in his account because of incorrect mentioning of account number by him on the SB Pay In slip, could have been detected there and then and Complainant could also been informed that his PPF, account has already been matured on 31.3.2015, but it is not necessary and compulsory requirement to update the passbook by the Complainant from the Opposite Party no.1 and by alleging so, the Opposite Party no.1 is escaping from their legal duty to perform while depositing the hard earned money of the Complainant.
8. Further contention of the complainant is that two cheques worth Rs.50,000/- each which were handed over by the Opposite Parties to the complainant were returned to the Opposite Parties and are not encashed by the complainant, so the complainant is entitled to the said amount alongwith interest and on the other hand, the Opposite Parties have not denied this fact. It is further contended by the complainant that the complainant had already obtained the income tax rebate for the year 2016-2017 and the complainant had requested to opposite party No.1 that there is no fault on his part and in case, the account is not continued, then he will suffer a great financial loss apart from criminal proceedings, which will be initiated by the Income Tax Department against him as he has already obtained the rebate from the Income Tax Authorities. So, on this account, the complainant is definitely be compensated in lump-sum because the complainant must have get the benefit minimum @ 10% of the said amount of Rs.50,000/-, so we assess the said loss to the tune of Rs.5,000/-. To prove his case, the Complainant has placed on record the copies of documents Ex.C3 to Ex.C14 by corroborating the same through his duly sworn affidavit Ex.C1 and thereafter additional affidavit Ex.C2 and copy of aadhar card of the Complainant is Ex.C3, copy of transaction enquiry report Ex.C4, copy of pass book Ex.C5, copy of account statement of Indian Overseas Bank Ex.C6, copy of request letter written to Superintendent Post Office, Faridkot Ex.C7, copy of reply Ex.C8, copy of cheques Ex.C9 and Ex.C10, copy of legal notice Ex.C12 and Ex.C13, copy of postal receipt Ex.C14. But however, the Opposite Party no.1 has refunded the amount of Rs.50,000/- and Rs.50,000/- each to the Complainant vide cheques Ex.C9 and Ex.C10, but due to their negligence and carelessness on the part of the Opposite Party no.1, the Complainant must have suffered loss on account of interest of this amount lying with Opposite Party no.1 in some other account and for this, the Complainant is certainly entitled to claim the reasonable rate of interest on this amount. On the other hand, the Opposite Parties have not produced any cogent and convincing evidence to defend its case and in this way, the Complainant is suffering badly due to the loss of his hard earned money. However, the claim of the Complainant regarding the continuation of PPF account stands declined that there is no scheme of the Opposite Parties to continue the said account of the Complainant further.
9. In view of the aforesaid facts and circumstances of the case, the Opposite Parties are directed to return the cheque amount of Rs.1,00,000/- (Rs.50,000/- and Rs.50,000/- each) alongwith interest @ 9% per annum from the date of its respective deposits i.e. 01.03.2016 and 28.3.2017 till the date of payment, if the Opposite Parties has still not paid to the complainant or till the date of payment of these cheques to the Complainant. The Opposite Parties are also directed to pay Rs.5,000/- on account of loss of income tax rebate besides Rs.2,500/- as litigation expenses. Compliance of this order be made by Opposite Parties within 30 days from the date of receipt of copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Forum under section 25/27 of the Consumer Protection Act, 1986. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
