Judgment : Dt.4.8.2017

            This is a complaint made by Shyamal Kumar Sengupta, 58, Golf Club Road, Tollygunge, Kolkata-700 033 against the Senior Post Master, Tollygunge Head Post Office, Deshapran Sasmal Road, Kolkata-700033, praying for compensation of Rs.50,000/- for willful harassment without any valid reasons and compelled him to spent time for complaints, and visiting Tollygunge Head Post several times and spending money for Advocate’s fees, legal fees and stationeries, suitable compensation of Rs.1,30,500/- for financial loss due to unlawful delay in crediting the realized amount in MIS.

            Facts in brief are that Complainant issued three cheques of Syndicate Bank, Indian Bank and Indian Bank to the Post Office amounting to Rs.48,000/-, Rs.49,000/- and Rs.33,000/- for investment in MIS. Complainant has further stated that these amounts were debited from his respective banks on 2.11.2015 and credited in the Savings Bank Account on 17.11.2015. Further, Complainant has stated that he, his wife and daughter had an intention to invest Rs.4,50,000/- in MIS on 7.11.2015. As intending fund was not shown in the Passbook on that day in the A/C, they were forced to invest only Rs.3,19,500/- on that day and the rest Rs.1,30,500/- on 27.11.2015. Therefore, Complainant suffered loss for 20 days on Rs.1,30,500/-. Complainant has stated that he is a retired person and senior citizen of 69 years and so this complaint was filed.

            OP filed written version and denied the allegations of the complaint petition. Further, OP has stated that the allegations made are false and baseless. The cheque amounts were credited on 17.11.2015. Further OP has stated that Syndicate Bank cheque No.115253 was dt.23.10.2015 for Rs.48,000/-, Indian Bank Cheque bearing No.586300 is dt.28.10.2015 for Rs.49,000/- and Indian Bank Cheque bearing No.625578 is dt.28.10.2015 for Rs.33,000/- and the cheques were sent for encashment on 28.10.2015 from the claiming office and were credited on to Savings Accounts on 17.11.2015, showing value dt.2.11.2015 with effect from the cheque encashment date. In the circumstances, OP has prayed for dismissal of this case.

Decision with reasons

            Complainant filed a petition praying for treating the complainant as affidavit-in-chief and the prayer was allowed. OP filed questionnaire against Complaint to which Complainant filed affidavit-in-reply. OP filed a petition for treating the written version as affidavit-in-chief. Thereafter Complainant filed questionnaire to which OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the relief as prayed for.

            At the outset, it appears that Complainant has prayed for compensation of Rs.50,000/- for willful harassment without any valid reason and for the time spent by him in writing complaint and time and money in visiting Tollygunge HPO.

            In this regard, it appears that Complainant has filed a complaint stating that he handed over three cheques in the Post Office for crediting those in the Savings A/c of the Complainant. But, surprisingly, Complainant did not file original Pass Book of either Syndicate Bank or Indian Bank to substantiate the allegations that those were debited on 2.11.2015. However, OP filing written version has submitted that the amounts were credited on 17.11.2015. But interests were given from 2.11.2015.

            As such, the allegations of the Complainant that Complainant suffered due to conduct of Post Office is not substantiated. It is also well known ground that there is procedure for cheques clearance. The financial institutions where cheque is deposited sends the cheques to the respective Banks for realization and after debiting the cheques a credit slip is issued in favour of that financial institution, after which it is credited. As such, at present, without any cogent reason made the allegations against the Post Office.

            Further, Complainant has prayed for suitable compensation for financial loss due to un-lawful deliberate delay in crediting the realized amount, it appears that there is no delay in crediting the amount and if there is delay that would have been cleared by filing original Pass Books of the different Banks which has not been done by the Complainant.

            As such, we are of the view that Complainant failed to prove the allegations made out in the complaint.

            Hence,

ordered

            CC/585/2016 and the same is dismissed on contest.