Consumer Complaint No.203 of 2015
Date of filing: 23.9.2015 Date of disposal: 08.11.2016
Complainant: Dibyendu Narayan Sinha, S/o. Hemanta Gopal Sinha, B-39, Ambedkar Sarani, City Centre, Non-Company, Durgapur – 713 216, PS: Durgapur.
-V E R S U S-
Opposite Party: 1. The Senior Superintendent of Police Officers, Asansol Division, Asansol – 713 301, PS: Asansol.
2. The Post Master, Bidhan Nagar, Durgapur – 713 312, PS: New Township.
3. The sub-Post Master, V.K. Nagar, Durgapur – 713 210, PS: New Township.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh & Debdas Rudra.
Appeared for the Opposite Party No. 1: Ld. Advocate, Murari Mohan Kumar.
J U D G E M E N T
This complaint is filed by the Complainant u/S. 12 of the Consumer Protection Act, 1986 alleging deficiency in service, as well as, unfair trade practice against the OPs as the OPs did not disburse the maturity amount of his Termed Deposit Account being No-212010259 till filing of this complaint inspite of several requests.
The brief fact of the case of the Complainant is that he had opened one termed deposit account with the Bidhannagar Post Office, Durgapur which attained maturity on 15.05.2015 amounting to Rs.2, 27,117=00 towards maturity amount. This maturity amount had not been disbursed by the V.K. Nagar sub- Post Office, Durgapur till filing of this complaint inspite of his repeated requests along with written correspondences with the Officers of the Postal Department. As he did not get the maturity amount in connection with the above-mentioned Termed Deposit Account he has approached before this ld. Forum by filing this complaint praying for direction upon the OPs to pay the maturity amount of Rs. 2,27,117=00 along with admissible interest and post-maturity interest @12% per annum till the date of payment of the entire amount, transportation cost of Rs. 8,000=00, litigation cost of Rs. 5,000=00 and compensation due to deficiency in service as well as unfair trade practice for Rs. 50,000=00 to him.
The petition of complaint has been contested by the OP-1 by filing written version stating that admittedly one Kajali Sinha and Dibyendu Narayan Sinha of Bidhannagar, Durgapur opened one Termed Deposit Account for one year at the sub Post Office, Bidhannagar, Durgapur which was recorded in the pass book account no- being 212010259. The Complainant maintained his other accounts at V.K. Nagar Post Office and sought for transfer the aforesaid T.D. Account from Bidhannagar Post Office to V.K. Nagar Post Office. It is mentioned by the OP-1 that both the Bidhannagar sub-Post Office and the V.K. Nagar Post Office are under the control of the Head Post Office, Durgapur and as per the norms and rules the case of transfer of an account, the branch office or sub-office are required to send to the controlling Head Office and as such the instant case Bidhannagar sub-Post Office sent the relevant pass book of the said depositor to the Durgapur Head Post Office. The account was transferred to the V.K. Nagar Post Office from Durgapur-12 Post Office on 22.04.2015. SB10 (b), SB3 forms, ledger report along with the pass book were forwarded to Durgapur Head Office for effecting its transfer. The application for transfer along with the documents were received by Durgapur Head Office on 24.04.2015 and subsequently sent erroneously to Durgapur-10 Post Office instead of V. K. Nagar Post Office on 13.05.2015 for allotment of new account number. The account was opened on 22.05.2015 at Durgapur-10 Post Office with new account number being-210010737. As the account was actually meant to be transferred to V. K. Nagar Post Office, so the said account was accordingly transferred/send to the V. K. Nagar Post Office on by the Durgapur-10 Post Office on 19.06.2015 for allotment of new account number. Thereafter the Complainant was told by the OP-1 through telephonic correspondence to submit some documents further as submitted by him during filing the application for transfer of the account before the Bidhannagar Post Office, but he did not turn up. However on 01.08.2015 an account was opened at V.K. Nagar Post Office being no-310530, but the Complainant did attend V.K. Nagar Post Office till 22.09.2015 i.e. the date of filing this complaint at this Ld. Forum for obtaining the said pass book. The pass book is still lying with the SPM, V.K. Nagar Post Office and the same will be handed over to him as and when he will attend the Post Office physically. On the contrary the Complainant rushed to this Ld. Forum alleging loss of interest and deficiency in service of the OPs. In fact the OPs have no fault or negligence and as there is no deficiency in service, cannot be held guilty. On the contrary the depositor was negligent for non-discharging his duties and liabilities, as well as, obligations as he did not bother to appear personally before the V.K. Nagar Post Office for getting the maturity amount of the concerned term deposit account along with the pass book. So for his own laches he had lost the interest component, for which the Ops cannot be held liable. Therefore according to the OPs the instant complaint has no merit at all and liable to be dismissed with cost of harassment of the OPs.
The Complainant has adduced evidence on affidavit along with several papers and documents. The Complainant has also filed written reply. The OP-1 has also filed some documents in support of its contention.
We have carefully perused the entire record; documents filed by both the contesting parties and heard argument at length advanced by the Ld. Counsel for the parties. It is seen by us that there are some admitted facts in the case in hand i.e. the Complainant opened one Term Deposit Account with the OP-2 on 15.05.2015 for Rs. 2,09,000=00 on 15.05.2015 for one year, he made an application in the prescribed format of the Postal Department for transfer of the account from the OP-2 to OP-3 for his personal convenience and moreover there are several accounts in his name and/or in the name of his family members at the OP-3, with a view to easy transaction with the OP-3 he wanted to transfer his account from the OP-2 to OP-3, the number of the said term deposit account is 212010259, during filing of the prescribed format to the OP-2 for transfer the passbook of the said Term Deposit account was deposited with the OP-2, due to inadvertence during transit the account was transferred at Durgapur-10 Post Office, in the meantime the said term deposit got its maturity, as the account was not properly transferred at the OP-3 as per the application of the Complainant, he could not collect the maturity amount and/or take decision over the amount regarding re-investment or else, as the original pass book of the said term deposit account was deposited by him to the OP-2, no original/photocopy of the same has been filed by the Complainant along with complaint or evidence whatever it may be, said term deposit account was opened by one Kajali Sinha and the Complainant, Durgapur-10 Post Office transferred the questioned account of the Complainant to the V.K. Nagar Post Office on 17.06.2015, which was received by the OP-3-V.K. Nagar Post Office on 19.06.2015, accordingly new account was allotted by the OP-3 in the name of the Complainant and the maturity amount along with the pass book are still lying with the OP-3.
The allegation of the Complainant is that inspite of repeated written correspondences with the OPs regarding transfer of his account and payment of the maturity amount to him, the OPs have failed to take any step and initiative in this respect for a prolonged period and as his grievance had not been redressed by the OPs under compelling circumstances he had approached before the Court of Law for redressal of his grievance praying for direction to the Ops for making payment of the maturity amount of the said term deposit along with admissible interest and further interest on the total amount for delay payment and other reliefs.
The contention of the OP-1 is that though due to inadvertence the questioned account was transferred from the Head Post Office, Durgapur to Durgapur-10 Post Office instead of V.K. Nagar Post Office as sought for by the Complainant though prescribed format, but ultimately the account was transferred to the V.K. Nagar Post Office on 19.06.2015. As the Complainant personally did not attend the post office-OP-3 for collecting his pass book and the maturity amount from the OP-3, the OPs service do not suffer from any deficiency in service as well as unfair trade practice, hence prayer is made for dismissal of the complaint with cost.
Upon careful consideration we have noticed that as the Complainant did not file any photocopy of the pass book of the Term Deposit account being no-212010259 we are not in a position to know the maturity amount of the said term deposit account. Moreover the Complainant has mentioned different dates regarding the opening of the said account and its maturity i.e. in the paragraph no-1 of the petition of amended complaint it is written that Term Deposit Account was opened on 15.05.2015 for one year and in another document it is mentioned as 15.04.2015. Therefore it is difficult to come to a conclusive conclusion as to which date the term deposit account was opened actually without perusing either the photocopy of the pass book or original. But it is mentioned earlier that the OPs have admitted that the Complainant opened one Term Deposit Account for one year by depositing a sum of Rs. 2, 09,000=00 at the OP-2 and subsequently he applied for transfer of the said account from the OP-2 to OP-3 with a view to his personal convenience and easy transaction. The OP-1 has admitted inspite of filing his application in the prescribed format the same was send to the Durgapur-10 Post Office due to inadvertence instead of the OP-3-V.K. Nagar Post Office. It is stated by the OP-1 that ultimately though the account was duly transferred at the OP-3 on 19.06.2015, as the Complainant had failed to make any contact personally with the OP-3, the pass book and the matured amount relating to the said account are still lying with the OP-3 and according to the OP-1 it was the bounden duty of the Complainant/depositor to make contact with the concerned Post Office-OP-3 for getting his maturity amount. The OP-1 has further relied on a letter dated 20.07.2015 written by it to the Complainant wherein intimation was given to the depositor to make contact with the OP-3. In respect of this letter we are say that no conclusion can be drawn as to whether the said letter was actually received by the Complainant or not. Therefore we are not in a position to take any cognizance of the said letter for adjudication of this complaint. So it is proved that though the OP-3 received the documents relating to the transfer of the account of the Complainant on 19.06.2015 and had already been allotted new number, but restrained itself to intimate the entire matter to the Complainant by issuing any letter or otherwise. So such inaction on behalf of the OPs can easily be termed as deficiency in service and moreover where the maturity amount of the said term deposit account is still lying with the OP-3, no step has yet been taken to handover the said amount to the Complainant till filing of this complaint. As the grievance of the Complainant had not been redressed within due course of time by the OPs, the Complainant has approached before this Ld. Forum by filing this complaint praying for redressal of his grievance. Admittedly the Complainant in this way had to incur some expenses and in our considered view the Complainant is entitled to get litigation cost from the OPs.
Going by the foregoing discussion hence, it is
O r d e r e d
that the complaint is allowed on contest against the OP-1 and ex parte against the OP-2 and 3 with cost. The OP-3 shall pay the maturity amount of the Term Deposit account being no-212010259 along with admissible interest, if any, to the Complainant within a period of 45 days from the date of passing of this judgment. The OPs are directed to pay either jointly or severally further interest @6% p.a. on the maturity amount along with admissible interest, if any, from the date of its maturity i.e. 14.05.2016 till the date of payment of the entire amount to the Complainant within 45 days from the date of passing of this judgment, in default, the entire amount (maturity amount + admissible interest, if any + further interest @6% p.a.) shall carry penal interest @8% p.a. for the default period. The OPs are further directed to pay either jointly or severally compensation to the tune of Rs.2, 000=00 towards deficiency in service, mental agony, pain, harassment and financial loss and litigation cost of Rs.1, 000=00 to the Complainant within a period of 45 days from the date of passing of this judgment, in default, the Complainant will be at liberty to put the entire order in execution as per provision of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
