This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that the complainant purchased two KVPs of Rs. 10,000/- each on 15.12.2009 and one KVP of Rs. 10,000/- on 16.12.2009 from Chinsurah Head Post Office Certificate Nos. and Regn Nos. being respectively 10 CE 702838-39 (156223) and 10 CE 702876 (156243) and the date of maturity of the aforesaid certificates fell due on 15.7.2018 and 16.7.2018 respectively and the complainant had to go to the Chinsurah Head P.O. on 20.7.2018 at about 10:45 a.m. for surrendering his certificates along with his PAN Card and AADHAR Card as proof of his identity and had to stand up in the queue at the counter no. 8 for nearly above three hours and when his turn came up at last the dealing assistant (hereafter DA) told him that no cash would be given to him against surrender of his KVPs and the complainant told him that he had purchased KVPs against cash and the postal authorities so far he knew even today in most cases sold KVPs against cash and therefore, he required cash amount relating to maturity value and the DA told him that under no circumstances the Maturity Value of KVPs could be provided by cash and the transaction would be made either through Post Office Savings Bank Pass Book or through cheque and the DA also told him that if he preferred to receive the amount by cheque he would have to wait till 4:30 or 5:00 pm and since the complainant had no postal S/B Pass Book in his name he told the DA that the complainant’s wife had a postal S/B Pass Book at Pratapur Sub P.O. under the jurisdiction of Chinsurah Head Post Office and since the second holder of the KVPs was the complainant’s wife, the DA told him to bring her postal S/B Pass Book (A/c No. 7265114406) for getting the maturity amount of the aforesaid KVPs.
The complainant also states that the complainant again had to go to the Chinsurah Head P.O. on 24.7.2018 along with his wife’s postal S/B Pass Book and had to stand up in the queue almost about three hours and when his turn came up, the DA of counter no. 8 while verifying his KVPs objected that the aforesaid KVPs could not be surrendered since there were no “numbers” on the face of the certificates and when the complainant wanted to know about the “number”, he came to know that the so-called “number” provided by the concerned DA at counter no. 4 of Chinsurah Head P.O. and the DA told the complainant to come next day after fixing the number on the face of the certificates.
The complainant further states that again the complainant had to go to the Chinsurah P.O. at 10:00 am on 26.7.2018 and after reaching there he had to contact the concerned DA at counter no. 4 for fixing the “number” on the face of the KVPs and after doing that job he had to stand up in the queue for counter no. 8 for more than three hours and when his turn came he submitted aforesaid three KVPs at the counter no. 8 and the DA of counter no. 8 after verifying the KVPs told him that one number allotted on the face of one of the KVP was not “correct” and asked him to contact the concerned DA of counter no. 4 again to make the necessary correction and when the complainant came back after making the necessary correction it was past 2.00 p.m. and after 2.30 pm the net connection was not available for at least 45 minutes and after that the complainant could surrender his certificates and it took almost another 45 minutes for final verification and at 4.00 pm when the complainant asked the DA whether his KVPs had been surrendered as per norm, the DA told him that it had been done and when the complainant asked him to credit the surrendered value amounting to Rs. 60,000/- in the Pass Book of Smt. Sukla Majumdar, he refused to do so and the DA told him that the pass book would be updated by the Pratappur Sub Post Office and at this point the complainant asked the postal authorities what proof was there that he had surrendered three KVPs amounting to Rs. 60,000/- but, the postal authority refused to update the pass book and the complainant protested and told the postal authority that he would be compelled to go to the
Chinsurah Police Station and lodge a complaint against the postal authority if they did not produce any documentary evidence for surrendering of KVPs amounting to Rs. 60,000/- and at this juncture at 4.12 pm the postal authority after a series of exchanges of hot talks was forced to give the complainant a proof on pay-in-slip that Rs. 60,000/- had been deposited in the S/B A/c of the complainant’s wife. Complainant further stares that in order to get back the hard-earned money invested in KVPs and it is not enough to stand up in the queue for more than 12 hours in three days and it appears that the complainant would have to spend another day or a number of days and go to another Post Office (Pratappur) for updating his pass book through Chinsurah Head Post Office claims that it provides “Banking” facilities especially “CBS” facility to its customers.
The complainant also states that the complainant made a complaint by Speed Post to the Chief PMG on 30.7.2018 for extreme harassment, misbehavior, mental torture and limitless ‘deficiency of service’ of Chinsurah Head Post Office to a bona fide customer and claimed Rs. 10,000/- as compensation and the Chief PMG received the Speed Post on 1.8.2018 but neither did he reply nor give any compensation and thereafter the complainant made a RTI application to the Chief PMG on 14.9.2018 and in his RTI application the complainant made seven questions and the question no. 7 of his RTI Application was: “Is it mandatory duty of a Post Office to update the savings bank pass book of a KVP holder immediately after the maturity value of a KVP is credited to the Savings Bank Account of the KVP holder?” and the Chief PMG replied: “After credit of the maturity proceeds of the KVP account into the savings account of the KVP holder, updation of the SB passbook is a part of the service of a post office rendered to its customers” and it appears from the aforesaid response that Chinsurah Head Post Office had violated the mandatory postal rules and in the process the complainant had to suffer tremendous harassment, ill treatment, mental torture and limitless deficiency of service” as per C.P. Act and the complainant has paid the statutory fees by way of Demand Draft bearing no. 880882920 dt. 28.9.2018 drawn on IOB, payable at Kolkata and the cause of action firstly arose on 20.7.2018 and thereafter 24.7.2018 and finally on 26.7.2018 and is still continuing day by dat at Hooghly within P.S. Chinsurah and hence, within the jurisdiction of this Ld. Forum.
Complainant filed the complaint petition praying direction upon the opposite parties to pay sum of Rs. 10,000/- towards compensation for unnecessary harassment and to pay a sum of Rs. 10,000/- for mental torture and to pay a sum of Rs. 10,000/- for limitless “deficiency in service’ of the opposite party no. 1 and to pay a sum of Rs. 10,000/- towards litigation cost.
The opposite parties have contested the case by filing written version denying inter-alia all the material allegations as leveled against them. These opposite parties submit that as per Departmental Rule SB order no. 3/2008 circulated vide letter no. 113-11/2003 S.B. Date 19.02.2008 “any repayment of deposit together with interest amount in any of the small savings schemes except saving account if becomes Rs. 20,000/- or above should only be made either by A/C. Payee cheque or by crediting into Savings Account of the Person” and as such the complainant was requested S/B A/c No. standing in his own name for crediting the matured value into his account or to take the matured value by cheque and as per procedure after implementation of Core Banking Solution in Department of posts, a new registration number is generated for every instrument which was bought earlier to the Core Banking Solution and as such the complainant was requested to obtain the said new number from a separate counter exclusively identified for the said job and after receiving the matured certificates from the complainant the Postal Assistant of Counter 8 credited the maturity value of Rs. 60,000/- in the S.B. A/c. No. 7265114406 standing in the name of Smt. Sukla Majumdar and a counter of SB- 103 was handed over to the complainant as per departmental rule, but due to some technical fault the pass book could not be printed on the very date and as such the complainant was requested to get it done from Pratapur or Chinsurah H.P.O. on any working day. Ultimately opposite parties have prayed for dismissal of the case.
Points for consideration
- Whether the complainant is the consumer of the opposite parties or not?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief, if any?
DECISIONS WITH REASONS
Point no. 1
It transpires from the materials on record we are of view that the complainant at the relevant point of time was the holders of concerned two KVPs of purchased from Chinsurah head post office. Therefore, it crystal clear that complainant is a Consumer to the opposite parties as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986.
Point no. 2
Complainant and the opposite parties are residence/having their office address within the district of Hooghly. The complaint value within Rs. 20,00,000/- i.e. limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
Point nos. 3 and 4:
Above two points are taken up together as those are related to each other for convenience and brevity of discussion.
On a close scanning of the materials on record it appears that complaint mainly assailed before this Forum to the effect that there is clear and absolute deficiency in service against opposite party no. 1 i.e. the Post Master, Chinsurah Head Post Office. In a bird’s eyes view the relevant two purchased KVPs of Rs. 10,000/- each on 15.12.2009 and one KVP purchased on 16.12.2009 by the complainant being a senior citizen in his name as well as in the name of his wife and when at the time of maturity of those three said KVPs fell due on 15.7.2018 and 16.7.2018 respectively complainant had to attend Chinsurah Head P.O. on 20.7.2018 around 10:45 a.m. for the purpose of surrendering those certificates along with his PAN card and Aadhar card as proof of his identity and placed the same before the concerned D.A. and demanded hard cash in respect of maturity value of said three KVPs, in turn said D.A. informed him that under no circumstances the matured value of the same would be provided by cash and transaction would be made either through post office savings bank passbook or through cheque. In addition said D.A. also informed that if complainant would like to get the cheque he had to wait till 4:30/ 5 p.m. Accordingly, complainant as per advice of said D.A. became agreed to bring the postal S/B passbook being account no. 7265114406 stands in the name of his wife with the Pratappur sub post office under the jurisdiction of Chinsurah Head P.O. Subsequently on 24.7.2018 complainant along with his wife’s said passbook had to stand in queue almost about three hours before the Chinsurah Head P.O. and when his turn came up the concerned D.A. of counter no. 8 while verifying his KVPs objected that the said KVPs would not be surrendered since there were no “numbers” on the face of the certificates and upon query complainant came to know that so called “numbers” would be provided by the concerned D.A. of counter no. 4 of Chinsurah head P.O. and concerned D.A. asked complainant to come on next date after fixing the “numbers” on the face of the certificates. Thereafter complainant on 26.7.2018 at 10 a.m. went to Chinsurah Head P.O. and after obtaining the relevant “numbers” on the face of the KVPs from the D.A. of counter no. 4 and again he had to stand in queue for more than three hours in counter no. 8 and the concerned D.A. again inform him that one number allotted on the face of one of the KVPs was not correct and asked him to contact concerned D.A. of counter no. 4 for necessary correction. Thereafter after correction after 2 p.m. when complainant came back and around 2:30 p.m. the net connection became unavailable for at least 45 minutes thereafter and then complainant had to surrender his certificates and it took almost another 45 minutes for final verification. At 4 p.m. when complainant asked the concerned D.A. whether his KVPs were surrendered as per norm, the concerned D.A. informed that it had been done. Accordingly complainant requested the concerned D.A. to credit the matured value of Rs. 60,000/- of the said KVPs in said S/B account passbook of his wife, but he refused to do so and told that Pratappur sub post office would update that passbook. When complainant asked what proof was there that he had surrendered his KVPs. Ultimately after a hot exchanges of talks postal authority of Chinsurah head post office gave complainant a proof of document showing that Rs. 60,000/- had been deposited in the said S/B account of the wife of complainant. Thereafter complainant had to go to another post office (Pratappur) for updating his wife’s said S/B account passbook. Mainly complainant tried to highlight his sufferings towards encashment of the maturity value of the said KVPs and thus, complainant initiated this case. In support of proof of his case complainant furnished photocopies of relevant documents.
On the other hand, it is the version of the opposite parties that as per relevant rules in connection with any small savings scheme if it becomes Rs. 20,000/- or above, at the time of repayment of deposit with interest amount it should only be made either by account payee cheque or by crediting the relevant postal savings bank account of the person concerned. It is also the case of opposite parties that as per procedure after implementation of core banking solution in department of posts, a new Registration Number is generated for every instrument which was brought, earlier to the core banking solution. As such the complainant was requested to obtain the said new number from a separate counter exclusively identified for the said job and it is specifically the case of opposite parties that the concerned D.A. of counter no. 8 credited the matured value of Rs. 60,000/- in the relevant postal S/B account passbook stands in the name of the wife of the complainant and a counter part of S/B 103 was handed over to the complainant as per departmental rules, nut due to some technical fault passbook could not be printed on the very date and as such complainant was requested to get it done from Pratappur sub post office. There is total denial from the end of opposite parties about the waiting hours of complains alleged by him.
It is evident from the copies of documents from the end of complainant that he sent his letter dt. 30.7.2018 to opposite party no. 2 ventilating his grievance, demanding Rs. 10,000/- towards compensation, but in this regard opposite party no. 2 did not make any reply and ld. Counsel appearing for the opposite parties has failed to show that opposite party no. 2 being the chief post master general has taken any kind of action whatsoever either positive or negative. From the end of complainant’s photocopy of relevant postal S/B account passbook of the wife of him it reveals clearly that an entry has been made on 8.5.2019 of Rs. 60,000/- showing by date (26.7.2018/8.5.2019) on that postal S/B passbook. So, it is crystal clear that actual relevant update entry of Rs. 60,000/- was made by the postal authority on 8.5.2019 physically on the said postal S/B pass book.
From the end of the opposite parties one photocopy of document has been furnished showing the entries of the relevant S/B account of the passbook of wife of the complainant which included the relevant entries relating to the matured value of the said KVPs on 26.7.2018.
From the above discussion it can easily be discerned that postal authority by highlighting the words “technical fault” tried to bypass their negligence and deficiency in service. No doubt it is a vague term. In fact, no elaborate and crystal clear picture is forthcoming from the end of opposite parties regarding so called technical fault. Obviously, its arises in the mind of this Forum that on the part of postal authority there is clear negligence and deficiency in service and postal authorities is trying upto its best to shield its defects.
No doubt it is very much clear that postal authority has failed to place any satisfactory and convincing material before this Forum. Rather we are noticing that complainant is a senior citizen moving here and there under the same roof of a particular office of postal authority which is no doubt unthinkable and not at all appreciable, which postal authorities could manage by extending it proper service.
Complainant simple being a senior citizen with high exception deposited his money in a small savings scheme like said KVPs but, for encashment of maturity value of the same complainant had to cross so many hurdles at his old age which is sending wrong messages and at the same time it is alarming for our society.
We should keep in mind that officers or staff of postal authorities are enjoying their pay month after month merrily and it is their legal and statutory obligation to render proper service to the customers of postal department, but now we are noticing that several cases of different types of complaints in general are coming before the Forum for redressal of grievances which is not at all good and healthy for our society.
In view of the above discussion it reveals clearly and palpably that the only stand of the postal department in this case is technical fault. The concerned postal S/B Account passbook in the name of wife of complainant could not be updated on the relevant day, but what type of “technical fault” that is not forthcoming. It is very much clear that the real reason for deficiency in service i.e. not became of updating the concerned postal S/B account passbook of the wife of complainant, complainant had to suffer a lot even at this old age. Such conduct of the postal department, leads to irresistible conclusion that there was clear negligence and deficiency in service on the part of concerned staff of postal department which is not being disclosed and therefore, the case of the complainant clearly proves that there was tremendous harassment, ill-treatment, misbehavior to a customer who is a senior citizen.
In the above backdrop this Forum is of the view that complainant succeeded in proving his case.
Accordingly, this Forum is of the view that in the facts and circumstances of the case complainant should be awarded with compensation of Rs. 10,000/- towards unnecessary harassment, mental torture and deficiency in service. This Forum is also of the view that complainant should also be awarded Rs. 5,000/- towards litigation cost.
Hence,
it is,
ordered
that the instant case be and the same is allowed on contest against the opposite party nos. 1 and 2.
Opposite party nos. 1 and 2 are hereby directed to pay compensation of a sum of Rs. 10,000/- towards unnecessary harassment, mental torture and deficiency in service to the complainant within 45 days from the date of this order.
Opposite party nos. 1 and 2 are also directed to pay a sum of Rs. 5,000/- towards litigation cost within 45 days from the date of this order.
Let copy of this order be supplied free of cost to the parties/ their ld. Advocates on record by hand with proper acknowledgment/ sent by ordinary course for information and necessary action.
