Date of filing: 23.3.2017 Date of disposal: 6.4.2017
1. Sri Kishore Kumar Dutta, S/o. Late Kali Krishna Dutta.
2. Ava Dutta D/o. Late Kali Krishna Dutta.
No.2, N.S. Road, P.O.-Asansol-713301, P.S.-Asansol(S),
Dist.-Burdwan, W.B. Complainants.
-VERSUS-
The Senior Post Master, Asansol Head Post Office,
P.O.-Asansol-713301, P.S.- Asansol(S), Dist.-Burdwan, W.B. Opposite Parties.
Present : Hon’ble President : Sri Asoke Kr. Mandal
Hon’ble Member : Sri Pankaj Kr. Sinha
Appeared for the Complainants: Ld. Advocate, Abhijit Ghatak
Appeared for the Opposite Party: None.
Order No.04, dated: 6.4.2017
Today is fixed for hearing on the point of admission of this case. The complainant files hazira. Heard the Ld. Advocate for the complainants. We have perused the contents of the complaint and materials on record. By filing this complaint the complainant has prayed the matured amount of Rs.80,000/- of Term Deposit, compensation and litigation cost against the O.P. stating inter-alia that the complainants deposited Rs.15,000/- in T.D./05-2397 on 25.4.94, Rs.10,000/- in T.D./05-2610 on 19.4.95 and Rs.55,000/- in T.D./05-2150 on 13.4.93 and subsequently, they in some occasions withdrew the interest from said Term Deposit Accounts but due to death of the father of the complainant No. 1 and due to loss of papers related to said Term Deposits, the complainants failed to make any transaction in said T.D. Accounts. On 9.9.2010 the complainants along with relevant documents visited to the office of the O.P. and claimed the matured amount of said Term Deposit Accounts. But the O.P. declined to pay the same. On 19.10.2011 being aggrieved the complainants published the matter in Bartaman Newspaper, thereafter by issuing letter dated 14.11.2011 the O.P. requested the complainants to meet the Sr. Post Master. Accordingly, the complainants on 29.11.2011, 3.1.2012 and 20.1.2012 met with the Sr. Superintendent but ultimately he declined to pay the matured amount and on said date they came to know that the entire amount of said Term Deposit Accounts, were withdrawn before and as such there is nothing due to pay the complainants. Being aggrieved the complainants again published their grievance in said Newspaper ‘Bartaman’ on 21.3.2012. On 8.5.2012 the complainants made application as per R.T.I. Act to get intimation in that regard but no reply was supplied. The complainants on 8.10.2012 made a prayer for vigilance enquiry but the vigilance officer made no reply. On 30.1.2016 the complainants again made request to get the matured value of said Accounts and on 21.12.2015 the complainants made a complaint before the Consumer Forum at the Department of Consumer Protection, Govt. of West Bengal through its Secretary but no action was taken and lastly on 19.3.2016 the complainants made a complaint before the Hon’ble MIC of Consumer Affairs Department but no action has yet been taken. From the above facts, it is clear that there was deficiency in service and negligence on the part of the O.P. , Sr. Post Master, Asansol Head Post Office.
From the contents and materials on record it appears that in the year 1993, 1994 and 1995 the complainants deposited amounts as mentioned in the complaint in TD Accounts and they withdrew the interest up to 14.7.97. From the extract of pass books related to such accounts, it is clear that transactions were made up to the year 1997. So, the cause of action of this case arose firstly in the year 1993, 1994 and 1995 respective for such different accounts and the same were continued at list up to the year 2012 when the complainants made a prayer before the vigilance officer for vigilance enquiry and when no reply was given by the vigilance officer. From the complaint it appears that the complainants kept themselves silent up to the month of December, 2015 and thereafter they also took attempt to continue said cause of action up to the year 2016 by writing several letters to the Vigilance Department, by filing complaint before the Consumer Forum at the Dept. of Consumer Protection, Govt. of West Bengal and by writing letter to the Hon’ble MIC of this Department. These actions taken by the complainants by writing letter dated 30.1.2016, by lodging complaint on 21.12.2015 and by writing letter dated 19.9.2016 to the Hon’ble MIC, shall not be taken into consideration as the cause of action which started in the year 1993, 1994, 1995 and was ended with the year 2012 when the O.P. declined to pay any amount to the complainants and subsequently with the letter dated 8.10.2012 written to the Vigilance Department. The complainants have failed to give any explanation as to why they kept themselves silent for the period starting with the 2012 up to 2015. This complaint was filed on 23.3.2017 long after the expiry of the period of limitation. So, we are of the opinion the case is barred by limitation. In this connection the complainants have relied upon the observation made by the Hon’ble State Commission, Kolkata in Indian Railway Finance Corporation Ltd. Vs. Trustee of the British Citizens (East India) Association Bishop’s House case reported, in [2013] 1 CPR 299 and upon the observation of the Hon’ble National Commission made in Dharmawati Kumar Vs. Branch Manager, Life Insurance Corporation of India case, reported in [2016] 1 CPR (NC) 265. Considering the facts and circumstances of this case and also considering the facts of the cases as referred, we are of the opinion that the above observations of the Hon’ble Superior Authorities are not applicable in this case. In view of our above discussions the case should not be admitted as it is barred by limitation. Hence, it is
Ordered
that the C.C. No. 45/2017 is not admitted and it is dismissed being barred by limitation.
Let a copy of this order be supplied to the complainants.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Sri Pankaj Kr. Sinha)
Member
D.C.D.R.F., Burdwan
