Date of Filing: 10.07.2014 Date of Final Order: 30.11.2015
The brief facts of the present case, as culled out from the record is that the Complainant, Smt. Sabitri Pathak as a policy holder, received a cheque bearing No.205570 dated 15/05/2008 drawer bank – United Bank of India, Cooch Behar Branch amounting to Rs.2,662/- from PACL India Ltd. a unit of Pearls Group of Company in connection with her policy. The Complainant has a savings account vide No.674988 at Andaran Fulbari Post Office i.e. the O.P. No.1. On 30/07/2008 the Complainant deposited the aforesaid cheque for encashment to the Andaran Fulbari Post Office. After few days later, the Complainant went to the office of the O.P. No.1 to know the status of her cheque regarding encashment. However, the O.P. No.1, Post Master, Andaran Fulbari Post Office informed to the Complainant that the said cheque has not been encashed. Thereafter, the Complainant went to the office of the O.P. No.1 on several times to know about the said cheque but she did not get any satisfactory reply from the O.P. No.1. After that, the Complainant went to the O.P. No.2, Superintendent of Post Office, Cooch Behar Division, and they assured the Complainant that they would look after the matter. But till now the O.P. No.1 did not make any encashment and by showing various pretexts. Lastly, on 29/09/2011 the Complainant submitted a written complaint for non-encashment of the said cheque to the O.P. No.2 but they did not pay any heed towards the Complainant
Due to such activities of the O.Ps, the Complainant suffered from mental pain & agony and unnecessary harassment and for such deficiency in service and negligence adopting by the O.Ps, the complainant facing irreparable loss.
Hence, finding no other alternative the complainant filed the present case praying for issuing a direction upon the O.Ps to pay (i) Rs.2,662/- as the said cheque amount along with interest, (ii) Rs.15,000/- as compensation for mental pain, agony and unnecessary harassment, & (iii) Rs.10,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
The O.P. No.1, Post Master, Andaran Fulbari Post Office and the O.P. No.2, Superintendent of Post Office, Cooch Behar Division have contested the case denying all material allegation of the complaint contending inter-alia the case is not maintainable and the complainant has no cause of action to bring the case. The main contention of the O.Ps is that the name of drawer bank, United Bank of India, Cooch Behar Branch is not correct, but the actually the name of drawer bank is Union Bank of India, Barpeta Branch, Barpeta Road. Accordingly, as per procedure the said cheque was forwarded to Barpeta Head Post Office. The matter was pursued repeatedly with the Post Master, Barpeta Head Post Office but no fruitful result was expected from his end. The O.Ps further contended that the said cheque has no intrinsic value and its duplicate can be obtained from the issuing authority for which an application have to be preferred before the issuing authority intimating the loss/missing of the cheque or action can also be taken from the department if the details of the issuing authority could be made as part to the O.Ps.
Ultimately, this answering O.Ps prayed for dismissal of the case with compensatory costs.
In the light of the contention of the complainant, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record. Perused the evidence on affidavit and written Argument of both parties also heard the argument of the Ld. Agent of the Complainant. On the date fixed for argument the ld. Agent for the O.P. did not appear and as per previous order the case was heard in absence of the Opposite Party and today is fixed for delivery of Final Order.
Point No.1.
Admittedly, the Complainant has/had a saving Bank Account with the Opposite Party No.1 Post Office bearing No. 674988 for which there is no doubt that she is the consumer of the O.P. as per C.P. Act 1986.
Point No.2.
The branch office of the O.Ps is situated within this district and the complaint value is far less than the prescribed limit for which this Forum has pecuniary as well as territorial jurisdiction to try the case.
Point No.3.
Undisputedly, the Complainant has/had a savings account with the O.P. No. 1. It is the case of the Complainant that the Complainant received a cheque from the PACL India Ltd. in connection with a Policy amounting to Rs.2,662/- on 15.05.2008. Subsequently, the Complainant deposited the said cheque on 30.07.08 to the OP No.1 bearing No.205570 dated 15.05.2008 drawer Bank, United Bank of India, Cooch Behar Branch for crediting the said amount in her Savings Account after encashment. Surprisingly, no encashment is made till filing this case.
It is the case of the Opposite Party that this case is misconceived and misconstrued both on points of facts and law. The cheque as deposited by the Complainant to the drawer bank was Union Bank of India, Barpeta Branch not the United Bank of India, Cooch Behar Branch. As per procedure, the cheque was forwarded to Barpeta Head Post Office and the matter was pursued repeatedly but no fruitful result came out. The Ops have taken plea that the Complainant submitted a petition for non-encashment of cheque direct to the Postmaster, Cooch Behar Head Post Office, not to the Superintendent of Post Offices, Cooch Behar Division and filed the present complaint before this Forum which is not tenable in the eye of law.
The another plea of the OP is that the cheque, in question, was lost in Barpeta Head Post Office i.e. not situated within the jurisdiction of this Ld. Forum and the present OP has no deficiency in service regarding encashment of the said cheque. It is also the case of the OPs that Union Bank, Barpeta Road, and Barpeta P.O. have not made party in this case.
On giving a close look to the materials on record, it appears that the Complainant deposited the said cheque bearing No.205570 dated 15.05.08 of Rs.2862/- in her Post Office Savings Bank Account No.674988 at Andaran Fulbari Post Office.
It is the plea of the Ops that the drawer bank of the alleged cheque is the Union Bank of India, Barpeta Road for which they forwarded the said cheque to the Barpeta Road Post Office. Complainant falsely stated that the drawer bank is the United Bank of India, Cooch Behar Branch.
In this juncture, it is pertinent point to mention that the OP totally failed to substantiate their pleas/statement by producing any single scrap of papers/cogent evidences. Another plea of the O.Ps for non-joinding necessary parties is also not tenable in the eye of law. More so, in view of ruling reported in 2014 (4) CPA 258(SC), claim petition cannot be dismissed on the ground of non-joinder of necessary party.
The OP in their w/v as well as in evidence clearly stated that the cheque, in question, was lost at Barpeta Post Office and the Complainant can obtain duplicate copy of the cheque from the concerned department.
Admittedly, the cheque has not been encashed in the Account of the Complainant during last 7 years after depositing the same in due time to the O.P. No.1. The O.Ps. took no step for encashment of the said cheque during that period. Thus, inaction on the part of the O.Ps clears that they are negligent in rendering service also by not informing the Complainant about the fate of the said cheque.
It is observed that the OPs took no step as to the encashment of the cheque with the Bank Authority as no document in this regard is available in the record. Moreover, the Postal Department kept mum about the encashment of cheque as and when the Complainant is the valuable customer of the Postal Department having a Savings Bank Account with the OP No.1. The Complainant never received any advice/request from the end of the OPs to take any initiative by her for encashment of the said cheque, rather, they were very much negligent in rendering proper service by showing indifferent attitude towards the Complainant.
In this case the Complainant, a widow of 80 yrs. harassed and deprived for negligent and irresponsible manner of service of the Ops which is not expected from the Govt. employee. Moreover, the Ops failed to prove by any cogent documents that for encashment of cheque they took all necessary steps.
It was also submitted by the OPs that inspite of repeated pursuance, no action was taken by the Barpeta Head Post Office. How and why the OP wanted to connect Barpeta Road Post Office with the present dispute of the Complainant, the reason best known to them because there is no evidence in support of the contention of the OPs. More so, alleged Barpeta Post Office is also under Postal Department and the present OPs cannot avoid their liability by casting the same upon alleged Barpeta Post Office.
In the light of the contention of the foregoing discussion, it is observed that the Complainant deprived from enjoying the amount of the cheque bearing No. 205570 dated 15.05.2008 that has been deposited in her Post Office Savings Account No. 674988 on 30.07.08. The Consumer must not be deprived due to negligent act of Postal Authority. The OPs are fully responsible for encashment of said cheque but they are found very indifferent in discharging their duties to take all measures also kept silence themselves till filing this case for which deficiency in service of the Ops cannot be ruled out.
Point No.4.
As it is already proved that the Ops have deficiency in service, the Complainant is entitled to get relief as prayed for but in part.
Accordingly, all points are decided in favour of the complainant.
Thus, the case succeeds.
ORDER
Hence, it is ordered,
That the case No. DF - 40/2014 be and the same is allowed on contest but in part with costs of Rs.5,000/- against the Opposite Parties. The O.Ps. are hereby directed to pay the cheque amount of Rs. 2862/- to the Complainant with 7% interest p.a. from the date of depositing the cheque till filing this case. The Ops are further directed to pay Rs. 5000/- for their deficiency in service to the Complainant. The Ops are hereby also directed to comply with the order jointly and/or severally within 45 days failure of which O.Ps shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let plain copy of this Final Order be supplied, free of cost, to the concerned parties/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
