Orissa

Jharsuguda

CC/23/2015

Gopal Kumar Agarwal S/O-Late Chedilal Agarwal - Complainant(s)

Versus

The Post Master,Heard Post office,Jharsuguda - Opp.Party(s)

S.N.Naik

18 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM JHARSUGUDA.
ODISHA
 
Complaint Case No. CC/23/2015
( Date of Filing : 24 Mar 2015 )
 
1. Gopal Kumar Agarwal S/O-Late Chedilal Agarwal
AT-Hospital Road,Mungapara,Jharsuguda,PO/PS-Jharsuguda
Jharsuguda
Odisha
2. Ramrsh Kumar Agarwal S/O-Late Chedial Agarwal
Hospital Road,Mangapara jharsugud PO/PS-Jharsuguda
Jharsuguda
Odisha
...........Complainant(s)
Versus
1. The Post Master,Heard Post office,Jharsuguda
AT/PO/PS-Jharsuguda
Jharsuguda
Odisha
2. The Superintendant of Post Offices ,Sambalpur
AT/PO/PS-District Sambalpur
Sambalpur
Odisha
3. The Post Master Genaral,Sambalpur
AT/PO/PS-Drist Sambalpur
Sambalpur
Odisha
4. The Chif Post Master Genaral ,Orissa,Bhubanawar
AT/PO-Bhubaneswar,Drist Kurda
Kurdha
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sundar lal Behera PRESIDENT
 HON'BLE MRS. ANAMIKA NANDA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 18 Aug 2015
Final Order / Judgement

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 23 OF 2015

 

Gopal Kumar Agarwal, (45 Yrs.),

S/O: Late Chedilal Agarwal,

 

Ramesh Kumar Agarwal, ( 35 Yrs.),

S/O: Late Chedilal Agarwal,

Both are resident of Hospital Road, Mungapara,Jharsuguda,

 PO/ PS/ Dist: Sundargarh,Odisha……………………………………….……Complainants.  

                                           

Versus

 

  1. The Post Master,

Head Post Office,Jharsuguda,

At/PO/PS/Dist: Jharsuguda.

 

  1. The Superintendent of Post Offices,Sambalpur,

At/PO/PS/ Dist: Sambalpur.

 

  1. The Post Master General,Sambalpur,

At/PO/PS/ Dist: Sambalpur.

 

  1. The Chief Post master General, Orissa,Bhubaneswar,

At/PO: Bhubaneswar, Dist: Khurda, Odisha.…………………..…..Opposite Parties.

 

Counsel for the Parties:-

For the Complainant                                       Shri S.N.Naik, Adv. & Associates.

For the Opp. Parties                                       Self.

 

Date of Order: 18.08.2015

Present

                                                                                 1. Shri S.L.Behera, President.

                                                                                 2. Smt. A. Nanda, Member (W).

 

Shri S. L. Behera, President: - Brief facts of the complaint are that the complainants namely Gopal Kumar Agrawal and Ramesh Kumar Agrawal both are sons of late Cheedilal Agrawal of Jharsuguda town filed a complaint against the O.ps. and stated that their grandfather Ramniwas Agrawal had purchased 10 nos. of K.V.P on dated 16.08.2005 vide Sl.No 03GG279174 to 279183 with Regd No 2590 to 2955 each valued at Rs50,000/-. While purchasing K.V.P he had appointed his wife Dharka Devi Agrawal as the nominee vide nominee Regd No 2153 to 2162. Dharka Devi Agarwal who was the nominee expired on dated 27.2.2013. Said Ramniwas Agrawal went to the office of the Post Master, Head Post Office Jharsuguda on dated 15.04.2013 and requested to change the nominee and wanted to insert the name of nominee in favor of the complainants / petitioners in respect of 5 K.V.P each. The staff of Post Office gave two numbers of

forms to said Ramniwas Agrawal. And Late Ramniwas Agrawal filled up the forms for change of nominee with signature of witness and handed over the said forms in the post office. On receipt of the application forms, the O.P No 1 assured that nominee would be changed within 15 days to one month. On subsequent enquiry by Ramniwas Agrawal and the petitioners, they were informed by Assistant of Post Office that the application for change of the nominee have been approved. After death of Ramniwas Agrawal, purchaser of K.V.P, the complainants/ petitioners went to the office of O.P No 1 and produced documents to receive the matured value being the nominees of original purchaser but the official of Head Post Office, Jharsuguda informed them that the application for change of nominee were not available. Finding no other ways the petitioner sought for information under R.T.I Act 2005 from the O.Ps twice but no result. A legal notice was also sent to O.P No 1 but there was no response. Finding no other way the complainants filed this case against the O.ps. alleging deficiency in service and unfair trade practice and prayed for a direction to the O.Ps. to releasing the matured amount of the K.V.P with 12% interest along with compensatory cost.

             In order to prove their case, complainants filed  some documents in form No N.C 53 ( form 3) were filed by the petitioners. Copies of form N.C 53(Form 3) it revealed that Ramniwas Agrawal applied for change of nominee in favour of Gopal Kumar Agrawal( petitioner No 1) in respect of K.V.P No 03GG279174 to 03GG27978 (five numbers) Denomination of Rs50,000/- each and in favour of Ramesh Kumar Agrawal(petitioner No 2) in respect of K.V.P No 03GG279179 to 03GG279183 (five numbers) Denomination of Rs50,000/- each.

             Being noticed, the O.Ps. contested the case through their representatives and filed written version.  It has been contended that the holder of K.V.P, Ramniwas Agrawal had not submitted the prescribed form N.C 53 for change of nominee in respect of the K.V.Ps in question in Head Post Office, Jharsuguda but after death of Rasniwas Agrawal, the petitioners came to the Post Office and impressed the date stamp on the N.C 53 forms mischievously. Besides, it was contended that there were no postage stamp of Re1/- on each form as required under Rule 35(4) of Post Office Savings Bank Manual Volume II. Further it is stated that Ramniwas Agrawal had appointed Dharka Devi as his nominee but the petitioners filed a copy of death certificate of Dadaka Agarwal which is disputed. The O.Ps have contended that the claim by the petitioners can be settled on submission of succession certificate or the probate of a will or letters of Administration of Estate as required under rule. There is no any deficiency in service and unfair trade practice on their behalf and accordingly the O.Ps. prays for dismissal of the case.

Heard from both the sides. After hearing of the argument of  both the parties and going through the complaint petition, written version and available material evidence on record. Learned counsel for the complainants / petitioners submitted some documents on 07.07.2015 to show that claim application of the complainants / petitioners filed on 15.04.2014 have been entertained in respect of other K.V.P and sanction orders have been issued. On the application forms date stamp has been affixed by the official of the post office In reply, the Superintendent of

Post Office , Sambalpur stated that the claim applications of the petitioners in respect of other K.V.P were received in post office on 16.4.2014 but on 15.4.2014. we have convinced that Ramniwas Agrawal had been to Head Post Office, Jharsuguda on 15.04.2013 and tendered two numbers of N.C 53 Forms intending to change the nominee by nominating Gopal Kumar Agrawal( Petitioner No 1) in respect of K.V.P No 03GG279174 to 03GG279178 value of Rs50,000/- each and Sri Ramesh Kumar Agrawal in respect K.V.P No 03GG279179 to 03GG279183 value of Rs50,000/- each. The staff of the post office put the date stamp of 15.04.2013 on the copies of claim application in form No N.C 53 retained by Ramniwas Agarwal and kept the original applications in the post office. As regards affixing postage stamp of Re1/- on each form it is not supposed that Ramniwas Agarwal was well conversant about Rules and regulations of postal department. The staff in charge of the counter could have advised Ramniwas Agarwal to affix the required postage stamp on the application forms. It is evident from the documents i.e claim applications of the complainants / petitioners in respect other K.V.P it was the practice in the post office that they use to put the date stamp in token of receipt and handed over one copy to the petitioner as the copy of application retained by the petitioners show that date stamp of 15.04.2014 has been affixed and acted upon. Thus, we believe that Ramniwas Agrawal had also submitted NC53 forms in the post office on 15.04.2013 for change of nominee in favour of the petitioners and the counter-in-charge put the date stamp of 15.04.2013 on the copies and handed over to Ramniwas Agrawal as precedent and retained the original forms with assurance to change the nomination but failed to act upon the application.

In view of the above discussion, we are of the view that the complainants have succeed to proof their case and the O.Ps fails to established their stand, thereby the complaint is allowed holding that non-release of the maturity amount of the K.V.P amounts to the complainant is deficiency in service committed by O.ps.

 

We therefore direct the O.P.No.1 to release the maturity amount of 10(ten) nos. of K.V.P  Rs.50,000/- ( Rupees fifty thousand ) only each to the complainants with present admissible interest of the Indian Postal Act  and pay a sum of Rs.2,000/- (Rupees two thousand) only towards harassment, mental agony including litigation costs, within one month from the date of receipt of this order, failing which interest at the rate of 9% per annum shall be paid on the awarded amount till realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 18th day of August’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                  I Agree.                                                                                                            

                                         

                             A.Nanda, Member (W)                                                 S. L. Behera President           

                                                                         Dictated and corrected by me

 

                                     S.L.Behera, President.

 
 
[HON'BLE MR. Sundar lal Behera]
PRESIDENT
 
 
[HON'BLE MRS. ANAMIKA NANDA]
MEMBER
 

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