This complaint is coming on 28-10-2014 for final hearing before us in the presence of SRI K.KAMAESWARA RAO, Advocate for the complainant and SRI CHINTAPALLI APPA RAO, Advocate for the Opposite Parties 1 and 2, and having stood over for consideration, the Forum made the following:-

O R D E R

SRI GANTA APPALA NAIDU, MEMBER

     This complaint is filed U/s-12 of Consumer Protection Act, 1986 seeking reliefs directing the OPS to pay the matured amount of Rs.66,193/- with subsequent interest, to give particulars as to which account, the alleged cheque bearing NO. AD508566 dated 27-7-2010 for Rs.66,193/- drawn on SBI, Main Branch, Vizianagaram (0953) (3^rd OP) was debited, to pay compensation of Rs.10,000/- for physical strain and mental agony, award costs of the complaint and to award such other relief or reliefs which the Honourable Forum deems fit and proper under the circumstances of the case on the following averments:

1.   The Complainant is the Senior Citizen who joined in Postal Monthly Income Scheme under Account No.652122 along with his wife Smt.Basina Saraswathi by depositing an amount of Rs.60,000/- in Vizianagaram city Post office under the control of Sub-Master, situated near Bodduvari Junction, Vizianagaram on 10-06-2004 and the maturity date being   10-06-2010.

2.   On the correspondence of the complainant, the 1^st OP office sent one letter vide reference no.652122/2011-2012 dated 10-02-2012, stating that the said account was closed on 27-7-2010 for Rs.66,193/- which was paid through cheque No.AD 50 8566 DATED 27-7-2010 but the complainant did not receive the said alleged cheque  drawn on 3^rd OP. It is also submitted that the complainant did not encash the alleged account payee cheque for Rs.66,193/- which was said to have been issued by the Postal Department.

3.   It is further submitted that the complainant is having Savings Bank Joint Account along with his wife in SBI Branch, Vizianagaram  (0953) bearing No.10653897886  but no amount was credited in his account so far. It is also submitted that the Postal MIS Deposit Account No.652122 was closed on 27-7-2010 but only the postal pass book was handed over to the complainant without the cheque. Prior to it, the postal department took his signatures on relevant documents but due to the old age, the complainant could not observe the same in time. Upon his thorough enquiry, the complainant came to know about the non crediting the amount of Rs.66,193/- in his account 8 months back and then immediately, he started enquiring into the matter. The complainant made several representations to the OPs as well as the Manager, SBI, Main Branch, Vizianagaram to give the particulars of his matured amount but none of them responded properly. Further the bank people advised him to approach the postal authorities, Vizianagaram for redressal.

4.   Subsequently, the complainant approached the District Legal Services Authority at Vizianagaram against the OPs which was numbered as PLC 60/2013, but the said PLC was closed on 29-7-2013 as Postal Department was not responding properly. On representation from the complainant, the Bank Authorities gave a letter dated 24-06-2012, stating that all the cleared cheques will be returned to the postal department and hence, the particulars are not available with them. Therefore, the complainant did not have any opportunity to know about the clearance particulars of the alleged cheque bearing NO.AD508566 dated 27-07-2010 for Rs.66,193/- drawn on SBI Main branch, Vizianagaram. Therefore, the 3^rd OP is a necessary party to the transaction as the complainant’s account is with the 3^rd OP, who failed to give particulars of clearance to his customer which amounts to deficiency in service. Since, the complainant has been suffering mentally and also physically due to non response of the OPs, though he approached them several times with representations. In view of the above, the acts of the OPs amount to gross negligence and deficiency in service for which the complainant is entitled to reliefs sought by him.

5.   Counter filed by the 1^st OP, which was adopted by 2^nd OP, denying the allegations leveled by the complainant in the complaint except those which are specifically admitted therein and puts the complainant to strict proof of the same.

6.   The OPs stated that the complainant joined in the Postal Monthly Income Scheme Under Account No.652122 by depositing Rs.60,000/- in Vizianagaram City Post Office under the control of Sub Post Master, situated near Bodduvari junction, Vizianagaram on 10-06-2004 and the maturity date being 10-06-2010.

5.   The OPs further submit that after maturity of the MIS of the complainant, they prepared a cheque baring no.AD508566 dated 27-7-2010 drawn on SBI Main Branch, Vizianagaram for Rs.66,193 in favour of the complainant and handed over the cheque along with pass book to the complainant on 27-7-2010 and a copy of acknowledgment in token of having received the above cheque along with pass book with his dated signature as 27-7-2010 was taken from him. Though, he received the aforesaid cheque, the complainant harassed the OPs by way of filing petitions under RTI Act for 5 times and District Legal Services Authority, Vizianagaram bearing No.PLC.60/2013 which was closed on 29-07-2013 and after that he filed the present complaint in this Honourable Forum. The complainant did not file the Account Book relating to him with SBI, Main Branch, Vizianagaram to show that the said cheque was not credited to his SB Account. The OP further stated that the normal course of procedure is that if any cheque is issued to a person and same is not encashed within the stipulated time as contemplated under the Banking Regulation Authority,  the person in whose favour the cheque was issued has to approach the concerned Authority by surrendering the earlier cheque and make a request to issue fresh cheque. In the present case on hand, the complainant at any point of time, did not approach the Authorities with similar request. Therefore, the contention of the complainant that he did not receive and encash the cheque is nothing but mere allegation though he enchased the same. He entered into the present litigation after lapse of 2 and 1/2 years only in order to get a false claim.

6.   It is further submitted that this OP issued  a cheque on SBI Vizianagaram in favour of the complainant and after clearance of the cheque, the same is kept with them. Therefore, the said details of clearing cheque i.e., Date, Account Number, the name of the Bank and the name of the party is known by 3^rd OP but not other persons. This OP also submits that the Department of Posts is a Public Service Organization which will not come under the purview of deficiency of service.  Hence, it is prayed that the Honourable Court may be pleased to dismiss the complaint with costs.

7.   Exhibits A1 to A3 are marked on behalf of the complainant and Exhibits B1 to B3 are marked on behalf of the Opposite Parties 1 and 2.

8.   Heard arguments.  Posted for orders.  The orders are as follows:-

9.   The counsel for both the parties advanced arguments vehemently by reiterating what they have stated in the Complaint, Counter, Evidence Affidavits and Brief Written Arguments, respectively.  The main contention of the complainant is that though the deposit was made by him and matured on 10-06-2010, he did not receive the matured amount by way of alleged cheque bearing No.AD 508566 DATED 27-7-2010 drawn on SBI Main Branch, in spite of several representations and repeated visits to the offices of the OPs. Further, the OPs did not give proper response  or reply and also made him to make rounds to the offices of the OPs besides failing to give particulars of clearance of the said cheque, which amounts to dereliction in duties of the OPs and deficiency in service on their part, subjecting him to mental, physical and financial suffering and hence, he is entitled to the reliefs prayed for.

10.  The main contention of the OPs 1 and 2 is that they have already issued the cheque bearing No.508566 for Rs.66,193/- which was encashed by the complainant through the Postal Department for a fresh deposit in respect of which, the deposit receipt was obtained by the complainant on which, he is getting monthly interest regularly, hence there is no question of any dereliction of duties and deficiency in service on the part of the OPs 1 and 2. The State Bank of India Vizianagaram Branch, M.G.Road in their reply dated 26-09-2014 confirmed that the Cheque bearing No.508566 for Rs.66,193/- issued by the Postal Department through Account No.10653964128 maintained at their Branch was presented by the Postal Department only through clearing for crediting in favour of itself and the said credit was afforded into its Account No.10653964208 as per the credit challans. Hence, it is further confirmed that the said cheque in question was not credited to the Complainant’s Account,  but, the funds are available with the GENERAL POST OFFICE, Vizianagaram only.

11.  Now the Point for consideration is, whether there is any deficiency in service or dereliction of duties on the part of the Opposite Parties?

12.  From the material available on record and the oral arguments submitted by both the parties, it is evident that the alleged cheque bearing No.AD508566 issued by the Postal Department drawn on SBI for Rs.66,193/-  i.e., the maturity amount on the subject deposit, was deposited by the Postal Department itself at the request of the complainant and his wife by way of a joint FDR bearing Account No.654318 dated 29-07-2010 for Rs.72,000/- (Rs.66,193/- cheque amount + Rs.5,807/- by way of cash) on 29-07-2010 for which the said Fresh Deposit Receipt was obtained by the Complainant as per Exhibit B1 Postal Voucher, Application for opening  of an Account as per Exhibit B2 which was signed by both the Joint Account Holders. It is also clearly established that the complainant and his wife due to the said Joint Deposit Account, they are getting monthly interest of Rs.480/- in respect of the above FDR as per Exhibit B3 submitted by the Postal Department.

12.  From the perusal of all the above material, it is no doubt very clear that the complainant obtained fresh FDR for Rs.72,000/- i.e., encashed cheque bearing No.AD 508566 for Rs.66,193/- by the Postal Department as per the consent of the Complainant plus cash amount of Rs.5,807/- paid by the complainant for which he is getting monthly regular interest from the Postal Department. It shows clearly the ill-motive and wrong attitude of the complainant which clearly shows his bad intention only to get wrongful gain/benefit by subjecting the OPs to harassment. Therefore, the complainant is not entitled to any reliefs of whatsoever from the OPs but he himself is liable to pay damages/compensation for misleading this Forum and also harassing the OPs unnecessarily for none of their fault. The complainant also wasted the precious time of the Honourable Forum, hence, the Complainant is liable to pay compensation for doing wrongful act willfully which is not expected of a matured and aged person i.e., this complainant who also worked as a Government Servant and for filing this frivolous/vexatious Complaint, which attracts the Provision U/S 26 of the Consumer Protection Act.

13.  In the result, the complaint is dismissed, by directing the Complainant to pay compensation/damages of Rs.10,000/- (Rupees Ten Thousand only) to the OPs 1 and 2 U/S 26 of CP Act, 1986 besides costs of Rs.1,000/- (Rupees one thousand only) which includes Advocate Fee of Rs.500/- (Rupees Five Hundred only). This order shall be complied with by the complainant within one month from today.

Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 12^th November, 2014.

PRESIDENT                                       MEMBER                                                                 

C.C.No.67 of 2013

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant:-                   For Opposite Parties:-

PW 1.                            RW 1.

                        DOCUMENTS MARKED

For Complainant:-

For Opposite Parties:-        

PRESIDENT                                     MEMBER