DATE OF DISPOSAL: 22.09.2021.

Dr.Aswini Kumar Mahapatra,President:

The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties  (in short the O.Ps.) and for redressal of his grievance before this Forum.

            2. Briefly stated the case of the complainant is that he had purchased the Kisan Vikas Patra from the opposite parties at Berhampur in the year 1994 as per details stated herein under:    

The said KVPs matured on 27.12.2018 and the complainant requested to the O.Ps for encashment but the same has not been done till date. Since it is not done, the complainant requested to the O.P.No.2 on 1.6.2019 to direct the O.P.No.1 for encashment of the KVPs. Again the complainant submitted petition dated 6.9.2019 to O.P.No.1 requesting to discharge the aforesaid money. The complainant approached consumer counseling centre Ganjam at Berhampur in complaint sl. No. 50 dated 22.10.2019, 19.12.2019 at 3.30P.M. but the O.P.No.1 requested for time.  The O.P.No.1 again prayed for time for 15 days on 3.1.2020 stating that the Director of Accounts (Postal), Cuttack has been asked to intimate whether the KVPs have been discharged.  The KVPs specify the condition as stated herein such as: - “The Govt. of India promise to pay to Ananta Prasad Panda on date after the expiry of two years and six months from the date of issue of the certificate, the amount specified on the reverse as on that date. This certificate is issued pursuant to Govt. of India, Ministry of Finance Notification No. GSR 588(E) dated 02.08.1993 as amended”.  It is stated in the reverse at what amount to be payable five and half years Kissan Vikas Patra:

a. Amount invested Rs.10,000/-                     payable Rs.20,000/-

b. Amount invested Rs.1,000/-                       Payable Rs.2,000/-

c. Amount invested Rs.1,000/-                        Payable Rs.2,000/-

d. Amount invested Rs.1,000/-                       Payable Rs.2,000/-.

The complainant is entitled to receive Rs.26,000/- +interest @12% from the date it becomes payable. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps for payment of Rs.1,30,000/-with interest @18% per annum, compensation of Rs.50,000/- and litigation costs of Rs.10,000/- in the best interest of justice.

                        3. Upon notice the O.Ps filed version through his advocate.  It is stated that the allegations made in the complaint petition are all not true and correct and the complainant is liable to strict proof of the same which are not specifically admitted herein.  The averment made in para-2 of the complaint petition are not true and correct. It is not true that the KVPs as stated in para-1 of the petition matured on 27.12.2018. It is submitted that the KVPs as stated in para-1 of the complaint petition matured after five and half year from the date of issue of the KVGPs. As such the KVPs matured on May 2000, but not on 27.12.2018 as stated in para-2 of the petition. The complainant did not approach the Department to take the matured value after the KVPs are matured after five and half year and remained silent for long eighteen years.  In response to the DCDRF case in question, it is to bring to notice of the Hon’ble court that the complaint before CCC, Berhampur bearing No.50 dated 22.10.2019 was received on 06.12.2019 vide Consumer Counseling Centre, Berhampur Notice No.15 dated 03.12.2019. No enclosures were received alongwith the notice at our end. As such the Court was prayed to cause supply of the documents submitted by the complainant Sri Ananta Prasad Panda to take further action at our end.   Sri Rabindranath Das, Public Relation Inspector-II of Berhampur Head Post Office was authorized to attend the Consumer Counseling Centre (CCC) Berhampur on 19.12.2019.  The CCC caused supply of the copies of the documents of the said complainant on 19.12.2019. As the purchase application of the said complainant showing purchase of the following mentioned KVPs by the complainant are not available after search buy the concerned Asst. Postmaster (SB), Berhampur Head Post Office at our end and  and KVPs belongs to the issue dated on 02.11.1984, the Sr. AO/CC Section, office of the Director of Accounts, Cuttack-4 was requested vide this office on 31.12.2019 in continuation of the office letter No.APM(SB-II)/2018-2019/HO-KVP/NSC dated 30.05.2019to intimate as to whether all the KVPs as particular below have been discharge or not. The copy of the said letter was submitted to the Sr. Superintendent of Post offices, Berhampur Division for kind information on 03.01.2020.  

The Honorable CCC was made aware that the non-discharge certificates in respect of those KVPs were not received. Therefore Sr. AO/CC Section, office of the Directors of Accounts, Cutrtrack-4 was requested on 11.01.2020 and on 16.01.2020 to issue the non-discharge certificate at the earliest.   Due to non receipt of the discharge certificate from Sr. AO/CC Section, office of the Director of Accounts, Cuttack-4, permission for discharge of the KVPs, in question could not be affected.  On receipts of the CC case No. 39/2020 from the DCDRF Commission, Berhampur HO again the said Sr. AO was requested to confer the non discharge of KVPs in question on 19.11.2020 followed by reminder dated 27.11.2020 by both e-mail and hard copy. The AC AO/CC O/o the Director of Accounts, Dak lekha Bhawan, Mahanadi vihar Cutrtrack-4 intimated vide letter No. CC manual MDC (sub)/2019 dated 29.11.2020 that as per their record available in PAO  (Postal Account office)  Cuttack the KVPs in question have not been discharged up to April 2020, and the returns since May 2020 onwards has not been submitted by Berhampur HO. Hence the Director of Accounts, Cuttack-4 expressed his inability to issue the non discharges certificates of all the KVPs in question. As the case pertains to the year 1994 and the non discharges certificate could not be received at our end on the issue and the then concerned Sr. Postmaster, concerned officials as well as concerned Assistant Postmaster failed to submit the due returns to Director of Accounts, Cuttack-4, it is therefore prayed before the Honourable DCDRF Commission, Berhampur to instruct the complainant to submit his KVPs with a direction for submission of declaration to the effect that in case, the KVPs in question found to be discharged before or in future, he (complainant) would be held responsible for crediting the said discharged value without any hesitation. The complainant had not submitted the original KVP certificates before the authority for encashment of the matured value of KVPs till today. The O.Ps are not liable to pay any damages and cost as claimed in the complaint petition. There is no deficiency of service by the O.Ps at all. The complainant may kindly be directed to submit all the original KVPs in question before the concerned branch (SB Branch) Berhampur, Ganjam Head posts office along with the declaration for encashment in the interest of justice.

            4. On the date of final hearing both the learned counsel for the complainant as well as O.Ps were present. We heard arguments from both sides at length and perused the complaint petition, written version, written arguments and all relevant documents filed by both parties which are placed on the record. It reveals that the complainant had purchased the aforesaid KVPs from the office of the O.Ps of Berhampur in the year 1994. The said KVPs had already matured on May 2000 after 5&1/2 years of its purchase. But the matured value was not paid to the complainant by the O.Ps inspite of several persuasions from the complainant for encashment of the maturity value in favour of the complainant.  To substantiate his claim the complainant had produced the photo copies of 4 numbers of KVPs and the copy of the letters addressed to his O.Ps at different dates i.e. on 27.12.2018, 01.06.2019 and 06.09.2019 still the O.Ps are not taken any steps for releasing the matured value of KVPs of the complainant.

            On the other hand it is also ascertained that the complainant had not submitted the original KVPs before the O.Ps till date for getting the maturity value. The office of the O.Ps had not done any deficiency in service against the complainant in deliberate delay relating to release the maturity value of the KVPs in favour of the complainant.  The office had taken prompt action for disbursement/release of his amount/maturity value of the KVPs soon after getting the application from the complainant and the O.Ps are ready to encashment of the amount immediately soon after receiving the original KVPs from the complainant accompanied with submission of declaration as the O.Ps had explained the cause of delay in payment of the maturity value as the purchase application of the complainant showing the purchase of KVPs by the complainant but  had not available after search by the Assistant Sub Postmaster, Sr. AO/CC Section. So the office of the Directors of Accounts, Cutrtrack-4 was requested on 11.01.2020 and on 16.01.2020 to issue the non-discharge certificate at the earliest.   Due to non receipt of the discharge certificate from Sr. AO/CC Section, office of the Director of Accounts, Cuttack-4, permission for discharge of the KVPs, in question could not be affected.  On receipts of the CC case No. 39/2020 from the DCDRF Commission, Berhampur HO again the said Sr. AO was requested to confer the non discharge of KVPs in question on 19.11.2020 followed by reminder dated 27.11.2020 by both e-mail and hard copy. The AC AO/CC O/o the Director of Accounts, Dak lekha Bhawan, Mahanadi vihar Cutrtrack-4 intimated vide letter No. CC manual MDC (sub)/2019 dated 29.11.2020 that as per their record available in PAO  (Postal Account office)  Cuttack the KVPs in question have not been discharged up to April 2020, and the returns since May 2020 onwards has not been submitted by Berhampur HO. Hence the Director of Accounts, Cuttack-4 expressed his inability to issue the non discharges certificates of all the KVPs in question. As the case pertains to the year 1994 and the non discharges certificate could not be received at our end on the issue and the then concerned Sr. Postmaster, concerned officials as well as concerned Assistant Postmaster failed to submit the due returns to Director of Accounts, Cuttack-4, Since May 2000 the complainant remained silent for a long period of 18 years up to 27.12.2018. Further the complainant had not submitted the original KVPs certificates before the O.Ps for getting the maturity value.  Law is well settled in the case of National Commission, New Delhi in the Superintendent of Post Offices and another versus Mr. Amal Kumar Deb 2011 (3) CPR 227 such as: “Maturity amount of N.S.C. can not be withheld after maturity”.

             On foregoing discussion and settled principles of law the complainant is entitled to receive the maturity value with simple interest from the O.Ps after the maturity date of the KVP.

            Hence taking the materials on the case record as well as the sole testimony of the complainant and Opposite Parties into consideration we allow the complaint in part and directed to the Opposite Parties to pay the maturity value of above said Kissan Vikas Patras with simple interest till its realization within 30 days of receiving of the original KVPs from the complainant. The complainant is directed to submit the original KVPs within 3 days of receiving this order alongwith a declaration to the effect that in case the KVPs in question found to be discharged before or in future the complainant would be held responsible for crediting the said amount of discharge value to the Authority of the O.Ps. In peculiar facts and circumstances of the case the parties are directed to bear their own costs.

The order is pronounced on this day of 22^nd September 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the concerned parties free of cost and a copy of same is to be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.