THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 491-14
Date of Institution : 8.9.2014
Date of Decision : 10.04.2015
Jagmohan Singh Sodhi ,Parminder Kaur Sodhi R/o F 21/300, Sandhu Colony, Khoo Kundian Wala, Batala Road, Amritsar
...Complainants
Vs.
The Post Master, P.O. Vijay Nagar, Batala Road, Amritsar
The Senior Post Master,Head Post Office, Rialto Chowk, Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : In person
For the opposite parties : Sh. Vishal Bhardwaj,Adv.
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sh. Jagmohan Singh Sodhi and Parminder Kaur Sodhi under the provisions of the Consumer Protection Act alleging therein that they opened MIS account No. 719509 for Rs. 99000/- with Vijay Nagar Post Office, Amritsar. According to the complainants the interest of MIS account No. 719509 was to be credited to saving bank account No. 1639360 of J.S.Sodhi and P.K.Sodhi automatically every month. Complainants have alleged that the interest from 19.8.2011 to 19.8.2014 has not been credited to the saving bank account of the complainants bearing No. 1639360 as marked on MIS account No. 719509 . Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to pay compound interest on the amount due . Complainants also demanded compensation and litigation expenses.
2. On notice, opposite parties appeared and filed written version in which it was submitted that complainant had never presented any application to Vijay Nagar Post Office requesting for the credit of the monthly interest due on his MIS account to their saving account, as such question to credit the MIS interest in SB account No. 1639360 does not arise. So far as the question of remarks stated in MIS pass book is concerned, it is submitted that the MIS pass book remains in the custody of the complainants and as such it was impossible for the opposite party to write on it after its issuance. It was submitted that as per routine practice, the work “Automatic” preferably is written in front page of the passbook. As per sub rule (a)(ii) of the Rule 162 of POSB Manual Vol Part II , in automatic account the depositor will be informed by the post office to present the passbook atleast once in six months for making entries of interest. But in the present case no such instructions have been issued by the department. The complainants in this case have not presented the pass book for making entries of interest. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant No.1 tendered into evidence his affidavit Ex.C-1, affidavit of Smt.Parminder Kaur Sodhi, complainant No.2 Ex.C-2, copy of certificate of service of Jagmohan Singh Sodhi in Indian Navy Ex.C-3, copy of death certificate of Inderjit Singh Sodhi Ex.C-4, copies of pass books Ex.C-5 and Ex.C-6.
4. Opposite parties tendered affidavit of Sh. B.R.Nanajagi ,Sr.Supdt. Posts, Amritsar Ex.OP1,2/1.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the complainant and the ld.counsel for the opposite parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the complainant and ld.counsel for the opposite parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainants opened MIS (Monthly Income Scheme) No. 719509 with opposite party No.1 post office Vijay Nagar, Batala Road, Amritsar for Rs. 99000/- on 19.8.2011. The complainant submitted that the opposite party was to credit the interest accrued on the aforesaid amount of the complainants to the saving bank account of the complainants bearing No. 1639360 jointly in the name of Jagmohan Singh Sodhi and Parminder Kaur Sodhi automatically every month. The complainants submitted that the opposite party did not credit the amount of interest to his saving bank account for the period from 19.8.2011 to 19.8.2014. As such the complainants suffered financially as well as mentally. The complainants submitted that all this amounts to deficiency of service on the part of the opposite parties.
7. Whereas the case of the opposite parties is that the complainants opened MIS account with opposite party No.1 bearing account No. 719509 with a sum of Rs. 99000/- on 19.8.2011. The complainants never gave any application to opposite party No.1 requesting for the credit of monthly interest due on his MIS account to their saving bank account. So the question of crediting the MIS interest in the saving bank account of the complainants does not arise at all. Ld.counsel for the complainants submitted that MIS pass book remains in the custody of the complainants and there is possibility for the complainants to write the word “Automatic in SB A/c.No. 1639360”. Ld.counsel for the opposite party further submitted that the word Automatic is preferably written on the front page of the pass book and not in the interior page of the pass book. More over, the complainant opened his Monthly Income Scheme account with the opposite party on 19.8.2011 and he never approached the opposite parties regarding payment of interest accrued in his MIS account. It is not possible for the complainant to remain mum for about three years as he did not get interest of his MIS account. Ld.counsel for the opposite party further produced copy of ledger of MIS account of the complainant which shows that interest on MIS account of the complainant upto date for 43 months accrued to Rs. 28,380/- and the same has been credited to the MIS account of the complainant as there are no instructions from the complainants to transfer this amount of interest of MIS account to their saving bank account. Ld.counsel for the opposite parties submitted that there is no deficiency of service on the part of the opposite parties qua the complainants.
8. From the entire above discussion, we have come to the conclusion that the complainant opened MIS account bearing No. 719509 with opposite party No.1 Post office with Rs. 99000/- on 19.8.2011. The complainant submitted that he gave instructions to opposite party No.1 to credit interest accrued on the aforesaid amount of the complainant in MIS account, to his saving bank account bearing No. 1639360 jointly in the name of complainant and Parminder Kaur Sodhi, automatically every month and in this regard the complainant produced photocopy of his pass book of MIS account Ex.C-6. In the column of particulars of transactions following words have been written “Autometic in SB A/c No. 1639360 . Apart from this the complainant could not produce any evidence nor summoned the record of the opposite party to prove that the complainant has given instructions to the opposite party to credit the interest accrued in the MIS account of the complainant to the saving bank account of the complainant. Whereas the opposite party has categorically denied that the complainant has given any instruction to credit his interest of MIS account to their aforesaid SB account. Rather they have categorically stated that the pass book Ex.C-6 remained in possession of the complainant and these words have not been written by any of the officials of the opposite party. Moreover, if such words were written, these should have been written on the first page i.e. in the front of the pass book and not on the end of the pass book and particularly at the place which is meant for transaction only and not for such directions. The opposite party has also submitted that the complainant has not filed any application nor got recorded his statement to the opposite party nor the complainant in his forms filled in for MIS account, has given any such instructions to the opposite party to credit the interest accrued to the complainant in his MIS account, to the aforesaid saving bank account. Whereas the opposite party has produced on record that his entire interest accrued in the MIS account of the complainant has been duly credited to his MIS account as is evident from the copy of the ledger produced by the opposite party dated 24.3.2015 which amounts to Rs. 28,380/- upto March 2015. The complainant never approached the opposite party in this regard for the last about three years as MIS account was opened on 19.8.2011 and till the filing of the present complaint i.e. on 8.9.2014 the complainant never approached the opposite party regarding his interest in the MIS account . So the conduct of the complainant also shows that he himself was not serious about the interest accrued in his MIS account and receipt thereof.
9. In the light of these facts, we are of the opinion that the complainant has failed to prove on record any deficiency of service on the part of the opposite party towards the complainant.
10. Resultantly we hold that the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
11. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
10.04.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
