Date of Filing: 12-06-2015 Date of Final Order: 29-02-2016
The brief facts of the present case, as culled out from the record is that the Complainant, Alok Rakshit invested Rs.3,900/- in total (by depositing Rs.100/- per month) to the Head Post Office, Cooch Behar within the period from 08/09/1995 to 21/11/1998 in Recurring Deposit Scheme bearing A/C-No.6338 and the date of maturity was 08/09/2000. Afterwards, due to paucity of fund the Complainant unable to continue his account. Thereafter, the Complainant go to outside for seeking job for which he did not withdrawn his maturity amount within maturity date. On 07/09/2011 the Complainant deposited all necessary documents with Pass Book to the O.P. No.1, Head Post Office, Cooch Behar for withdrawing his maturity amount but he was informed by the O.P. No.1 that to come after six months as the said R.D was old enough. Accordingly, the Complainant went to the O.P. No.1 after six months but he came to know to come after three months. By not getting any satisfactory answer from the O.P. No.1, the Complainant informed the said matter to the O.P. No.2, Superintendent of Post Office, Cooch Behar on several occasions but all in vain. After depositing the said Pass Book to the O.P. No.1, the O.Ps also informed that the Pass Book of the Complainant was lost and had to lodge a complaint to the Police Station but the Complainant did not agreed with the same. Thus the Complainant was harassed by the O.P. No.1 & 2.
Due to such activities of the O.Ps, the Complainant suffered from mental pain & agony and unnecessary harassment and there was also deficiency in service adopting by the O.Ps, the complainant suffering from financial loss.
Hence, the complainant filed the present case praying for issuing a direction upon the O.Ps to get back the said R.D maturity amount with interest and also to pay (i) Rs.21,000/- as deposited money to the O.Ps (ii) Rs.20,000/- as compensation for mental pain, agony, unnecessary harassment, (iii) Rs.10,000/- for travelling expenses and (iv) Rs.10,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
It appears that in spite of due service of Notice upon O.P. No.2, the Superintendent of Post Office, Head Post Office, Cooch Behar, did not turn up before the Forum and accordingly the case proceeded in Ex-parte against him. The O.P. No.1, Post Master, Head Post Office, Cooch Behar after getting notice from this Forum appeared through Ld. Agent (G.P.), filed W/V but sealed by the Superintendent of Post Office on 11/09/2015 though at that time he was not the party in this case also the O.P. No.1 files Evidence on affidavit but did not attended the Forum on following dates also remain absent on the date of argument. The case was heard in Ex-parte on 15.02.2016 and 29.02.2016 is fixed for Final Order. On 24.02.2016 the Ld. Agent for the O.Ps. by filing a petition praying for vacating ex-parte order and accepting W/Argument. But the Forum considered and rejected the said petition as at that time the Final Order is completed.
The O.P. No.1 in his W/V averred the fact that one RD pass book bearing A/C No.6338 opened on 08/09/1995 in favour of the Complainant, Alok Rakshit amount of Rs.100/- per month at Cooch Behar Head Post Office and it was running up to 21/11/1998 with pass book balance of Rs.3,900/-. On 07/09/2011 the Complainant produced the said RD pass book for final withdrawal. On 04/08/2014 the Complainant submitted a prayer for payment of the said RD amount. But the Assistant Post Master, Cooch Behar Head Office informed him to submit the original RD pass book. On 27/09/2014 the Complainant was requested to appear at Cooch Behar Head Office vide Post Master, Cooch Behar Head Office letter No. HOSB/COB/Misc/Corr dated 27/09/2014 but no cooperation has been made from the part of the Complainant. In the mean while the post office is upgraded and there is no trace of the said account as it is hardly possible to find out a discontinued RD account after 16 years. Moreover, the Complainant illegally demanded certain amounts on different heads without any basis. By such act of negligent from the part of the Complainant he is not entitled to get any amount from this O.P as he prayed for in his complaint.
The Ld. Agent for O.P.1 files Evidence on Affidavit but no new points for consideration.
Accordingly, the O.P prayed for dismissal of the case with compensatory costs.
In the light of the contention of the parties, 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 the Complainant also heard the argument in Ex-parte.
Point No.1.
Evidently, the Complainant opened a Recurring Deposit (RD) Book at Cooch Behar Head Post office. The recurring deposit was Rs. 100.00 (One Hundred) per month only. The last balance in the passbook was Rs.3900.00 (Three thousand Nine Hundred Only).
Thus, the relation of the Complainant with the O.P. so established from the record we are convinced to hold that the Complainant is a “Consumer” as per section 2(1)(d)(ii) of the C.P. Act, 1986.
Point No.2.
The office of the O.Ps is situated within the district of Cooch Behar. The value of the case is within the limit of Rs.20,000,00/-. So, this Forum has territorial as well as pecuniary jurisdiction to entertain and try the instant case.
Point No.3 & 4.
The Superintendent of Post Office has been made as an Opposite Party No-2 in this case on 16/12/2015. Service return of the notice also prove the fact that he also received the notice from CDRF Cooch Behar.
However, in spite of due service of Notice, the O.P. No.2 did not appear before the Forum. The O.P. No. 1 appeared but remain absent during the time of argument to challenge contention of the Complainant, which seems that the O.Ps have nothing to say in this regard.
Evidently, the Complainant opened a RD passbook bearing A/C No.6338 on 08/09/1995 at Cooch Behar Head Post Office. The recurring deposit was Rs. 100.00 (One Hundred) per month only. The RD account was running up to 21/11/1998 with passbook balance of Rs.3900.00 (Three thousand Nine Hundred Only). Throughout the case document, we never found that the Opposite Party denied the claim of the petitioner.
In his evidence on Affidavit petitioner submitted a Received copy of RD A/C passbook No-6338 by the Post Office and the Xerox copy of RD Book. It proves that the RD passbook is under the custody of the OP at this time.
The Opposite Party, Postmaster (H.S.G.-1) mentioned that “In the mean while the post office is upgraded and there is no trace of said account as it is hardly possible to find out a discontinued RD A/C after 16 years” But the Petitioner never received such letter mentioning the said fact.
On 27/09/2014 Asst. Postmaster, Cooch Behar HO writes a letter (vide Postmaster Cooch Behar Letter No. HOSB/COB/Misc/Corr dated 27/09/2014) to the Petitioner for “Early settlement of the case” but till today the case is not settled. After the above mentioned date, we find that, the petitioner write two letters to the OP for making peaceful solution of the case. (Letter Dated 24/12/2014 and 23/02/2015). No letter was received by the petitioner form O.Ps after 27/09/2014.
Considering the above fact, we hold the decision that the deposited amount of the petitioner is still lying in the custody of the opposite party. So, the OPs are liable to return the deposited amount to the petitioner.
In the light of foregoing discussion and considering the materials to its entirety, we have no hesitation but to hold our reasoned opinion that the Complainant has been able to prove his case. We have no doubt to hold that there was deficiency in service on the part of the O.Ps. by not refunding the deposited amount in the R/D pass book thus, the Complainant is entitled to get reasonable relief with compensation..
Accordingly, the case succeeds by unchallenged testimonies.
ORDER
Hence, it is ordered that,
The complaint do succeed and the same is allowed in Ex-parte with cost of Rs. 2,000/-, directing the Opposite Parties to return Rs. 3,900/- with interest @9% from 08/09/2000 (the date of Maturity of the RD deposit) to 12/06/2015 (the date in which the complaint has been filed) also Rs. 5,000/- for mental agony and harassment of the Complainant. The O.Ps are further directed to pay the previously mentioned amount within 45 days failure of which the O.Ps shall have to pay Rs. 50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.
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
District Consumer Disputes
Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
