O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
1. The averments of the complaint are in brief:
The father of the complainant N.satyanarayana obtained KVP Bonds from the 1st opposite party post office. The complainant is the nominee to the said KVP bonds. Subsequently the father of the complainant died on 25.5.2012. The KVP bonds were lost by the complainant. After fulfilling all the requirements the postal authorities issued sanctioning letter for payment of the amount. But the opposite parties failed to pay the amount. Hence the complaint is filed praying the Forum to direct the opposite parties to pay the value of the KVP bonds of Rs.1,08,000/- with interest at 24% per annum, damages of Rs.60,000/- and costs.
2. Opposite parties 1 and 3 remained absent. The 2nd opposite party filed its version.
The version of the 2nd opposite party is in brief:
The 2nd opposite party denied all the allegations of the complaint and submitted that the father of the complainant purchased KVP certificates bearing Nos.78CD927281 to 78CD927290 for the denomination of Rs.10,000/- each, KVP certificates bearing Nos.74AB156324 to 74AV156326 for the denomination of Rs.1,000/- each and KVP certificates bearing No.43BC752960 for the denomination of Rs.5,000/- at B.K.Pet HO on 18.8.2006 under registration Nos.35365, 35366 and 35367 respectively. The complainant reported that his father who purchased the KVP certificates from the opposite parties had expired on 25.5.2012 and he is the nominee for the above said certificates. The complainant approached the 2nd opposite party in the month of June, 2014 and informed the fact of loss of KVP certificates which are stated to be in the name of his late father after a lapse of two years from the date of his father’s death and knowing the fact of loss of certificates from the custody of the complainant, the 1st opposite party advised the complainant to obtain and submit necessary police verification certificate notary along with prescribed indemnity bond to process the case to issue duplicate KVP certificates and to settle the claim. Immediately on receipt of all the relevant documents the 1st opposite party had issued claim sanction in favour of the complainant vide memo No.4/H/KVP/Claim/2014-15 dated 25.6.2014. After the 1st opposite party submitted the application for issuance of duplicate certificates along with relevant documents on 2.8.2014 to the competent authority i.e., the 2nd opposite party for further necessary actions, the process of verification of all relevant documents has been completed by 15.9.2014 for taking further necessary action. The 1st opposite party has placed indent on circle Stamp Depot Hyderabad for supply of duplicate certificates on 23.9.2014. The said indent was received from CSD Hyderabad on 20.10.2014. Immediately the 1st opposite party has served notice to the complainant on the same day itself to collect the said duplicate certificates and accordingly the complainant has taken delivery of the duplicate certificates on 20.10.2014. The complainant had presented the duplicate certificates to the 2nd opposite party counter for payment on 21.10.2014 and the same was processed and interest was calculated upto 21.10.2014 and an amount of Rs.1,99,898/- (face value of the certificate Rs.1,08,000 + interest Rs.91,898/-) paid to the complainant vide cheque dated 21.10.2014 and the acknowledgement of the complainant was received. The complainant was guided properly by the opposite party 1 and 2 at each and every stage in connection with obtaining and submission of all required documents. There is no delay on the part of the opposite parties in processing the said claim and issuance of duplicate certificates and sanction of claim. There is no deficiency in service on the part of the opposite parties and prayed to dismiss the complaint with costs.
3. On behalf of the complainant he gave is affidavit and got marked Ex.A.1 to Ex.A.6. On behalf of the opposite parties the 2nd opposite party Sri S.V.Siva Prasad, Senior Superintendent of Post Offices (FAC), Vijayawada Division gave his affidavit and got marked Ex.B.1.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite parties
towards the complainant in releasing the amount of KVP certificates to the
complainant after lapse of five months?
2. If so is the complainant is entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the documents on hand the father of the complainant obtained KVP certificates from the 1st opposite party. Subsequently the father of the complainant died on 25.5.2012. The complainant is the nominee under the said KVP certificates. The complainant lost the said KVP certificates. He approached the opposite parties and gave a written complaint dated 25.6.2014. The opposite parties advised him to submit required documents for issue of duplicate KVP certificates. The opposite parties submitted the complaint of the complainant to the 1st opposite party on 30.8.2014 for issue of duplicate KVP certificates. The opposite parties issued letter vide Ex.A.1 receiving the claim letter dated 25.6.2014 stating that the amount will be paid to him on presenting the certificates duly receipted for payment at the 1st opposite party HO on surrendering the original sanction order. The complainant lost the original certificates and on advice of the opposite parties he obtained necessary documents from concerned authorities and submitted all the required documents to the opposite parties. The opposite parties sent a letter dated 03.9.2014 to the complainant and informed, after receipt of the sanction memo from Division Office, they will settle the claim. As the opposite parties did not settle the claim the complainant sent a written complaint Ex.A.2 to the opposite parties, stating that if the opposite parties failed to issue duplicate certificates within one week, he will approach the Consumer Form for his redressal. Ex.A.4 is a letter dated 22.9.2014 from Assistant Director, O/o Post Master General, Vijayawada Region to SSPOs, Vijayawada Division stating that he directed to take immediate action to settle the grievance of the complainant and to intimate the same to the complainant in respect of postal bonds and deposits of the complainant.
7. During the course of arguments the 2nd opposite party stated that there is no delay on their part in processing the claim when the complainant gave his report in June, 2014 and process is going on and the opposite parties paid the amount of Rs.1,99,898/- (as face value of the certificates and interest) on 21.10.2014. The said amount was received by the complainant through cheque bearing No.642475 and the complainant acknowledged the same. There is no delay in processing the same. The complainant visited the office of opposite parties only two times on 26.8.2014 and 10.9.2014 as per Ex.B.1 visitors book. Therefore there is no deficiency in service on the part of the opposite parties and the complainant is not entitled for any relief for delay of processing the claim as he received the claim amount. Accordingly these points are answered.
POINT No.3:-
8. In the result, the complaint is dismissed without costs.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 24th day of February, 2015.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainants: For the opposite parties:-
P.W.1 N.Sita Ramanjaneyulu, D.W.1 S.V.Siva Prasad
Complainant, Sr.Superintendent of Post Offices,
(by affidavit) (FAC) (by affidavit)
Documents marked
On behalf of the complainants:
Ex.A.1 25.06.2014 Photocopy of letter from the 1st opposite party to the complainant.
Ex.A.2 . . Photocopy of letter from the complainant to the 1st opposite party.
Ex.A.3 03.09.2014 Photocopy of letter from the 1st opposite party to the complainant.
Ex.A.4 22.09.2014 Photocopy of from the 3rd opposite party to the SSPOs, Vijayawada Division.
Ex.A.5 . . Photocopy of household card.
Ex.A.6 01.10.2014 Photocopy of discharge summary issued by Purna Heard Institute, Vijayawada.
On behalf of the opposite parties:
Ex.B.1 . . Attested copy of Visitor’s Book maintained by Sr.Supdt., of Post Offices, Vijayawada Division, Vijayawada.
PRESIDENT(FAC)
