Andhra Pradesh

Nellore

CC/97/2015

Korlapu Durga Venkat, W/o K.Ramesh - Complainant(s)

Versus

The sub post Master, Balaji Nagar post office - Opp.Party(s)

MD.Rahim Khan

25 Sep 2017

ORDER

Date of filing       : 06-10-2015

Date of Disposal :  25-09-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                                       

Monday, this the   25th day of  SEPTEMBER, 2017.

 

            Quorum: Sri Sk.Mohd.Ismail, M.A., LL.B.., President

                           Sri K.Umamaheswara Rao, M.A., B.L., Member 

 

 

C.C.No.97/2015        

 

Korlapu Durga Venkat,

W/o.K.Ramesh,

Hindu, aged about 38 years,

Presently residing at CVR Royal Court Yard Apartments,

Majestic Blcok, 8^th Street,

Ramji Nagar,

Nellore – 524 004.                                                        …  Complainant

 

                      Vs.

                                                                            

1. The Sub-post Master,

Balaji Nagar Post Office,

Nellore.

 

2. Superintendent of post-offices,

Nellore Division,

Nellore.

 

3. The Post Master General,

#5-1-485/486, Putli Bowli,

Gowliguda, Begum Bazar,

Hyderabad – 500 012.                                        … Opposite parties

 

This matter coming before us for final hearing in the presence of           Sri G.Srinivasulu and Md.Rahimkhan, Advocates  for the complainant  and                   Sri J.C.S.Amarnath, Advocate for the opposite parties and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                                                                  (By Sri Sk.Mohd.Ismail, M.A., LL.B.., President)

 

 

1.     The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 against the opposite parties 1 to 3 to transfer the MIS pass book bearing No.752527 monthly interest from May, 2012 till maturity to R.D. account bearing No.444588 and give all the maturity benefits, to pay damages of Rs.50,000/- towards mental agony and grant costs.

 

 

2.  The brief averments of the complaint are as follows:

 

      The complainant submits that the complainant deposited Rs.4,50,000/- at Head Post Office, Visakhapatnam under MIS on 12-04-2010 which matures on 12-04-2016.  The opposite parties stated that the above monthly interest will be transferred to the recurring deposit account automatically every month.  The M.I.S. account number is 514632 and R.D. account number 515966 for Rs.3,000/- per month.  The complainant is also S.B. account bearing No.734568.  While so, the MIS interest amount was transferred to his S.B. account till 12-04-2012 and thereafter the complainant’s family was transferred to Nellore and the complainant submitted all the original pass books and requested to transfer the same to Nellore.  The said accounts were transferred to opposite party No.1.  The complainant further submits that every month though requesting to make the said transfer entries of M.I.S. amount to R.D. account, they are postponing and finally on verification, the new post master stated that the M.I.S. amounts were not transferring to R.D. account.  The complainant submits that it is the duty of the opposite parties to transfer the M.I.S. amounts to R.D. account, but they failed to do the same and committed deficiency in service.  Thus, the opposite parties committed deficiency of service towards the complainant and submits to allow the complaint with costs.

 

3.  The 2^nd opposite party filed counter and the 1^st and 3^rd opposite parties adopted the counter of the 2^nd opposite party with the following averments that:-

         The opposite parties submitted that the complainant had deposited an amount of Rs.4,50,000/- in Head post office, Visakhapatnam under monthly income scheme on 12-04-2010 bearing account No.514633 and the said account will mature on 12-04-2016 and the complainant also opened savings bank account No.734570 and recurring deposit account No.515907 at Visakhapatnam H.O. As per the entries made in the pass books of monthly income scheme, saving bank and recurring deposit accounts, it is noticed that interest of Rs.3,000/- on monthly income scheme account was withdrawn on 12-04-2012 and that there was deposit and withdrawal entries in savings bank account for the same amount of Rs.3,000/- on the same day i.e., 12-04-2012.  Similarly, there was a deposit amount of Rs.3,000/- in the recurring deposit account on the same day i.e. 12-04-2012.  The opposite parties further submitted that the complainant has stated that she submitted application for transfer of monthly income scheme account, savings bank account and recurring deposit account to Balaji nagar SO under Nellore division along with original pass books and application for automatic transfer.  On transfer from the postmaster, Visakhapatnam HO, the SPM, Balajinagar SO of Nellore division had allotted new nos.752528, 1314133 & 444589 to MIS, SB and RD Account respectively in May, 2012.  No automatic transfer application is received from Visakhapatnam HO.  The date of last transaction in these accounts is 12-04-2012 and no transaction took place at Balajinagar post office in these accounts after transfer from Visakhapatnam HO from May, 2012 onwards.

4.       The opposite parties further submitted that the complainant has made a complaint to the 2^nd opposite party i.e. SPOs, Nellore division requesting to update the RD account after crediting the MIS interest lying with the department.  The complainant was informed vide 2^nd opposite party letter No.F/B.N.TSO/Misc/Dlgs dated 27-07-2015 that no fresh application for automatic transfer of interest on monthly income account to recurring deposit account through savings bank account was given at new office i.e., Balajinagar post office and that though the depositor is well aware of the entering the transactions in the pass books as was done in Visakhapatnam HO, she did not produce the pass books for entry of the transactions at Balajinagar Post Office.  The complainant was also informed that as required under Rule 109(i) of Post Office Savings Bank Manual Volume-I he did not produce the R.D. pass book for entry of the transactions therein in the months of January, April, July and October and hence the said RD accounts have become discontinued and the interest under Monthly Income Scheme shall be payable monthly to the depositor on completion of a month from the date of deposit and the depositor can opt for payment of interest by (i) Automatic credit in his savings account, (ii) Filling up application for withdrawal, and (iii) postdated cheques.  When the depositor opts for automatic credit of MIS interest into his savings account, the depositor will present an application to the post office where the account stands requesting for the credit of the monthly interest due on his MIS account to his savings account.  When the Savings Bank passbook is presented for transaction after the credit of interest in the savings account, necessary entries for the payment of interest and credit in savings account be made therein.  The entries will also be made in the MIS pass book when it is presented once in six months.  As per Rule 162(a)(vii) of Post Office Savings Bank Manual Volume-I” if the depositor cancels his request for credit of Monthly Income Scheme (MIS) interest in savings account or if either the MIS account or the  savings account or both are transferred from the office, or if savings account is closed, an entry will be made on the original application “cancelled” under the signature of the postmaster/sub postmaster.  The depositor, if he desires to have  the facility after transfer of the account, will have to make a fresh application to the  new office”.  In this case, the complainant did not give fresh application for automatic transfer to the new office i.e., Balajinagar Post office.  Hence, the MIS interest was not credited to Recurring Deposit account through savings account of the complainant.   As per Rule 11(3) of Post office (monthly income account) Rules, 1987 which was notified on 10-08-1987 by the Ministry of Finance, Department of Economic Affairs, “the depositor availing facility of credit of interest on monthly income account in his savings account under sub-rule(3) of Rule 8 shall present the pass book to the post office at least once in six months for completion of entries”.  The above rule stands printed in the MIS pass book along with other rules relating to MIS scheme for the information of the depositor.  It also stands printed in the said pass book under the head “Do’s” examine the pass book after each transaction and see that the entries are made correctly.”  But, the depositor did not present monthly income account pass book at Balajinagar SO after opening of it by transfer from Visakhapatnam HO.  Also, the depositor did not give any fresh application for automatic transfer of MIS interest to Recurring Deposit account through savings account held by her at Balajinagar S.O. as required by the rules on the subject.

5.   The opposite parties further also submitted that a Recurring Deposit account may be opened for a period of 5 years and the amount of deposit made at the time of opening an account cannot be varied during the currency of the account.  Subsequent deposits under Recurring Deposit Account may be made by cash or by cheque or demand draft or pay order or by automatic transfer from depositor’s savings account.  As per Rule 101(i)(b) of Post Office Savings Bank Manual Volume-1, the Recurring Deposit account will be treated as discontinued if there are more than four defaults.  Revival of such account will be permitted only within a period of two months from the month of fifth default after payment of necessary default fee.  If the account is not revived within the prescribed period, it will be treated as discontinued and shall not be permitted to be revived after the said period.  In this case, no transactions took place in the Recurring Deposit account held by the complainant since May, 2012 and hence, the account is treated as ‘discontinued’ When a recurring deposit account is treated as ‘ discontinued’ on account of such defaults, the facility of automatic transfer will be simultaneously discontinued.  As per condition No.(e) below Rule 109 of Post Office Savings Bank Manual Volume-1 under the head ‘RD deposits by Automatic transfer from Savings Bank, “ the pass book will be produced by the depositor at the office where the account stands in the month of January, April, July and October for entry of the  transactions therein.  If this requirement is not fulfilled, the depositor will have to accept the balances in the ledger card/ledger as final, so far as withdrawals for credit to RD account(s) are concerned”.  In this case the complainant never produced the  Recurring Deposit pass book at Balajinagar post office for entry of the transactions and as required by the rules mentioned above, the complainant did not give fresh application for transfer of MIS interest to Recurring Deposit (RD) account through savings bank account held by her and hence MIS interest was not credited to her RD account through savings bank account.  In this case, no transactions took place in the recurring deposit account held by the complainant since May, 2012 and hence the account is treated as ‘discontinued’.  When a Recurring Deposit account is treated as ‘discontinued’ on account of such default, the facility of automatic transfer will be simultaneously discontinued.  As required by rules mentioned above, the complainant did not produce the Recurring Deposit pass book in the months of January, April, July and October for entry of transactions.  Under these circumstances, there is no willful negligence or deficiency in service on the part of the opposite parties. Hence, the complaint filed by the complainant against the opposite parties is not maintainable and the same has to be dismissed and submits for the dismissal of the complaint with costs.

 6.    On behalf of the complainant, affidavit of PW1 was filed and Exs.A1 to A5 are marked. 

7.    On behalf of the opposite parties 1 to 3, the affidavit of 2^nd opposite party was received as the affidavit of RW1and Exs.B1 to B7 are marked. 

8.    Written arguments filed on behalf of the complainant and opposite party No.2.

9.    On behalf of the opposite parties 1 and 3, memo filed adopting the written version filed on behalf of the 2^nd opposite party.

10.     Arguments on behalf of learned counsels for both parties heard.

11.  Perused the written arguments filed on behalf of the complainant and 2^nd opposite party.

12.   Now, the points for consideration are:

     (i) Whether the complaint filed by the complainant under section 12 of

         Consumer Protection Act, 1986, alleging deficiency of service against the

         Opposite parties 1 to 3 is maintainable?

    (ii) To what relief, the complainant is entitled?

 

 

 

13. POINT NO.1

      The learned counsel for the complainant submits that while the complainant stayed at Visakhapatnam deposited a sum of Rs.4,50,000/- into Head Post Office of Visakhapatnam under monthly interest scheme M.I.S. on 12-04-2010 and it matures on 12-04-2016 bearing MIS pass book No.514632, RD account bearing No.515966 and SB account bearing No.734568. In the month of April ,2014, the complainant’s husband was transferred to Nellore and the monthly income scheme(MIS) of complainant was transferred to Nellore along with RD pass book and SB account but the opposite parties failed to remit the amount in the RD account bearing No.444588 and SB account bearing No.1314132 to the complainant  and thus the act of the opposite parties is amounts to deficiency of service and hence inspite of issuing of notice  to the opposite parties 1 to 3 failed to rectify the mistakes committed and hence the complainant filed the complaint against the opposite parties 1 to 3 and submits to allow the complaint to transfer the  MIS pass book bearing No.752527 monthly interest  amount lying with them from May, 2012  till the date of maturity to RD account bearing No.444588 and give all the maturity benefits of the said RD amount and MIS amount on the date of its maturity and award damages of Rs.50,000/-  towards mental agony and  submits to allow the complaint with costs.

14.  On the other hand, the learned counsel for the opposite parties 1 to 3 submits that by relying upon Ex.B1 to B6 that as per rule 162(a) (vii) of post office savings bank manual volume-I, as a depositor can opt for payment of interest by automatic credit in his savings account or submit application but the complainant did not submit any application about the MIS to RD account automatic transfer form and did not give a letter in writing to that effect.  Hence, there is no deficiency of service of the opposite parties 1 to 3 and whatever the amount that the complainant is entitled was credited to the SB account of the complainant and he further submits that under rule 109 of GSR 701(E) in exercise of the powers conferred by section-15 of the Government Savings Banks Act, 1873 (5 of 1873) the Central Government aspect relating that the facility of automatic transfer of deposits from SB Accounts to RD accounts will be available on application made by the depositors in form     (SB-83) given at APPENDIX-VIII and unless the complainant submitted an application to transfer, then only the amount will be credited to the RD amount and hence he submits that as the complainant himself did not submit any application and the complaint filed by the complainant against the opposite parties 1 to 3  is  not maintainable as there is no deficiency of service and submits to dismiss the complaint with costs.

15.     In view of the arguments submitted by the learned counsels for the both sides and as seen from the rule position under the Post Office MIS account (rule-1987) rule 109 says that the complainant has to submit an application to the opposite parties 1 to 3 to transfer the interest from the SB account to RD account.  Admittedly in this case, the complainant’s husband was transferred to Nellore and the account of the complainant was also transferred by the Post Office. It is the duty of the complainant to submit the application to credit monthly interest from the opposite parties.  But, the complainant did not submit any application to transfer the interest from the SB account to RD account as stated by the complainant.  As the complainant did not submit any application for transfer of interest to RD account and whatever the complainant is entitled and the same is credited from the SB account and hence there is no deficiency of service by the opposite parties 1 to 3 and hence the complaint filed by the complainant against the opposite parties 1 to 3 is not maintainable.

    In view of the above said discussion, we answered this point against the complainant and in favour of the opposite parties 1 to 3. 

 16. POINT NO.2:  In view of our answer on point Nos.1and 2 is against the complainant and in favour of the opposite parties 1 to 3, the complaint filed by the complainant against the opposite parties 1 to 3 is not maintainable and the same has to be  dismissed, in the circumstances no costs.

     

 

 

             In the result, the complaint is dismissed, no costs.

     Dictated to the Stenographer, transcribed by her and corrected and pronounced by us in the Open Forum this the 25th day of,  SEPTEMBER,              2017.    

 

            Sd/-                                                                        Sd/-     

              MEMBER                                                                      PRESIDENT

 

  APPENDIX OF EVIDENCE

 WITNESSES EXAMINED FOR COMPLAINANT:

 

PW1

20-06-2016

:

Korlapu Durga Venkat, W/o.Ramesh, Hindu, aged about 39 years, presently residing at CVR Royale Court Yard Apartments, Majestic Block, 8th street, Ramji Nagar, Nellore.

 

WITNESSES EXAMINED FOR OPPOSITE PARTIES:

 

RW1

11-03-2016

:

P.Viswanadham, S/o.P.Ramaiah, aged 58 years, Occupation, Government Service, resident of Nellore.

                                                                        

EXHIBITS MARKED FOR COMPLAINANT:

 

Ex.A1	12-04-2010		Photostat copy of Monthly Income Scheme (MIS) account passbook bearing No.752527.
Ex.A2	13-04-2010		Photostat copy of Recurring Deposit (RD) account passbook bearing No.444588.
Ex.A3	12-04-2010		Photostat copy of Savings Bank (SB) account pass book bearing No.734568.
Ex.A4	20-02-2015	:	Photostat copy of letter addressed by the complainant to the opposite party.
Ex.A5	27-07-2015	:	Photostat copy of reply letter addressed by opposite party to the complainant.

 

 

EXHIBITS MARKED FOR OPPOSITE PARTY:                         

 

Ex.B1	-		Attested Copy of rule-109(i) of Savings bank manual volume-I
Ex.B2	-		Attested copy of rule 162(a)(vii) of Savings bank manual Volume-I.
Ex.B3	-		Attested copy of rule11(3) of PO(MIS) rules 1987.
Ex.B4	-		Attested copy of GSR 701 (E)  of PO(MIS) rules 1987.
Ex.B5	-		Attested copy of rule 101(i)(b) of savings bank manual volume-I
Ex.B6	-		Attested copy of  rule 109(e) of Savings bank manual volume-I
Ex.B7	-		Attested copy of Do’s and Don’t printed on MIS passbook.

 

                

                                                                              Id/-

                                                                      PRESIDENT

 

 

Copies to:

 

1. Sri Md.Raheemkhan, Advocate, D.No.16-1-249, Athithota Agraharam,

Sri Srinivasa Lodge Building, Near Men’s Fashions Wear, Trunk Road, Nellore – 524 001.

 

2.  Sri J.C.S.Amarnath, Additional Standing Counsel for Central Government of India, Ramesh Reddy Nagar,Nellore.

 

Date when order copies were issued: