CC Filed on 22.08.2011
Disposed on 26.08.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 26th day of August 2011
PRESENT:
HONORABLE T. RAJASHEKHARAIAH, President.
HONORABLE T.NAGARAJA, Member.
HONORABLE K.G.SHANTALA, Member.
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Consumer Complaint No. 189/2011
Between:
G. Lakshmidevi, W/o. G. Venkatesh, No. 2913, Deputy Electrical Inspectors Office, Near Chinamaya Montessori School, New Extension, Kolar – 563 101. | ….Complainant |
V/S 1. The Senior Superintendent of Post Office, Kolar 2. Sri. G. Venkatesh, Principal, Govt. I Grade Boys College, Kolar. | ….Opposite Party |
ORDER
This is a complaint filed under section 12 of the Consumer Protection Act, 1986. The case was posted to hear on the question of admission and the Learned Counsel for the complainant has been heard and the case is posted for orders on admission.
2. The question that arises for consideration is:
Whether there is sufficient cause to proceed
with the complaint?
3. The complainant contends that she has produced 3 NSCs for encashment from the Opposite Party No.1 who is Superintendent of Post Office, Kolar. The said NSCs are standing in the name of Opposite Party No.2, who is her husband. It is stated that her husband has given those NSCs to her and authorized her to handover the NSCs for encashment on his behalf. It is stated that he had authorized her to draw 28 NSCs and out of it she has drawn the amount from 25 NSCs and only relating to the remaining 3 NSCs the Opposite Party No.1 has not honoured her request. Hence this complaint is filed.
4. On perusal of the document produced by the complainant, we are of the opinion that the actual dispute is between the complainant and the Opposite Party No.2 relating to a matrimonial dispute. The letters produced by the complainant, which were written by Opposite Party No.1 goes to show that the Opposite Party No.2 has requested the Opposite Party No.1 to issue duplicate NSC certificates stating that the originals are in the hands of unauthorized person. It is stated in those letters that the Opposite Party No.2 is demanding for encashment of the said NSCs by issuing duplicate certificates. Hence the Opposite Party No.1 called upon the complainant to produce any Court order which shows that under the settlement these NSC were given to her and she is entitled to draw. The complainant has failed to produce any document before the Opposite Party No.1 and because of it OP.1 directed her to surrender the original NSC before the Postmaster, Kolar and failing which action will be taken for issue of duplicate certificates in favour of holder i.e. Opposite Party No.2. The above facts goes to show that there is no deficiency in service by Opposite Party No.1. On the other hand there was a matrimonial dispute between the complainant and the Opposite Party No.2 and because of it, the Opposite Party No.1 requested the complainant to produce Court order, which shows that she is authorized to draw the amount relating to these NSCs and she has failed to produce such orders. If the Opposite Party No.1 has not honoured the NSC which is not in the name of the complainant, it cannot be said to be deficiency in service. Hence we are of the opinion, that this is a matrimonial dispute between the complainant and Opposite Party No.2 and there is no deficiency in service by Opposite Party No.1 and because of it there is no good reason to proceed with the complaint. Hence the complaint is liable to be dismissed at the stage of admission. Hence we pass the following:
O R D E R
It is held that there is no reason to proceed with the complaint and the complaint is dismissed at the stage of admission.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 26th day of August 2011.
T. NAGARAJA K.G.SHANTALA T. RAJASHEKHARAIAH
MEMBER MEMBER PRESIDENT
