SRI R DEY, MEMBER
The present case has been filed by the complainant praying for interest to the tune of Rs. 36,000/-, compensation for mental agony of Rs. 10,000/- and legal expenses of Rs. 2000/- in total Rs. 48,000/-
The complainant’s case, in a nutshell, is that the complainant having an account in Andhra Bank, Haldia branch mentioned in complaint as OP no. 3, deposited a cheque dt. 15-09-2009, cheque no. 122181, amount of Rs. 4,50,000/- in favour of Sub-Post Master, Debhog branch, Haldia, who is OP no. 1 in this case, for purchasing of KVP certificates. The said cheque was deposited by OP no. 1 at SBI, Tamluk branch on 24/09/2009 and the cheque amount of Rs. 4,50,000/- was deducted from complainant’s account on 30-10-2009 in Andhra bank. The said cheque was encashed on 20-09-2010 and KVP Certificates were issued on 05-10-2010 being nos. from 67BC214411 to 67BC214500 no. The total KVP certificates were 90 in nos. of Rs. 5,000/- each. As per complainant, the Op no. 1 issued the KVP certificates in abnormal delay which was almost 1 year from the date of debiting the cheque amount from the complainant’s account. According to the complainant, the OP no. 1 intentionally did not issue the KVP certificates in time and the complainant sent a written complaint to OP no. 2 on 01-11-2010 and on 07-05-2012 informing the abnormal delay in receiving the KVP certificates. The complainant repeatedly informed the OP nos. 1 and 2 to pay the interest of Rs. 36,000/- on Rs. 4,50,000/- for the period of 30-10-2009 to 05-10-2010 but OP nos. 1 and 2 did not pay the said interest. OP no. 2 denied all the facts and refused to take necessary steps for returning the interst amount to the complainant. Hence, the case has been filed by the complainant mentioning the cause of action on and from 28-12-2013.
OP no 1 & 2 appeared in this case and contested the case by filing WV as also WNA wherein OP no. 1 & 2 denied material allegation made by the complainant but admitted about the receipt of cheque nos. 122181 dt. 15-09-2009 being Rs. 4,50,000/-, drawn on Andhra Bank, Haldia branch in favour of SPM, Debhog at Debhog Post Office from the complainant for issuing KVP certificates to the complainant. The said cheque was deposited to SBI, Tamluk branch vide Tamluk H.O.C.C. No. 8285/01 dt. 24-09-2009. The said cheque was encashed on 20-09-2010 in spite of reminder from OP no. 2 on 04-12-2009 and 18-01-2010 and only after issuing of Tamluk H.O. duplicate CC no. 8285/01 dt. 17-09-2010 to SBI, Tamluk branch, the KVP certificates were issued to the complainant on 05-10-2010. The abnormal delay of approximately one year for issuing KVP certificates happened due to delay in clearing of amount and bank’s failure in depositing the amount in OP no. 1 or OP no. 2’s postal account in time. OP no. 1 and OP no. 2 have stated that they are not responsible for the said delay of receiving KVP certificate by the complainant having shifted responsibility and negligency to the SBI, Tamluk branch.
The OP no.3 appeared in this case by filing WV and WNA wherein the OP no. 3 has stated that the statements as made in different paras of the petition of the complainant are baseless, illegal and false. Though the OP no. 3 has admitted that the saving account of the complainant exist in his bank. OP no. 3 has also stated that the amount of Rs. 4,50,000/- has been debited from the account of the complainant and paid to Haldia Port branch on 30-10-2009. As per OP no. 3 the said cheque was presented by Haldia Port branch on 30-10-2009 and paid the same on the same date.
The complainant in support of his complaint has filed Xerox copies of saving account passbook, the KVP certificates dt. 05-10-2010, the letter written to the Supdt. Of Post Office, Tamluk division on 01-11-2010 and 07-05-2012, the letter from Supdt. Of Post Office, Tamluk division dt. 24-12-2013, the reminder of Supdt. of Post Office, Tamluk division to the Post Master, Tamluk Head Office.
The OP no. 1 & 2 have filed the Xerox copy of the letter dt. 04-12-2009 written to the Branch Manager, SBI, Tamluk branch, CC list with date, the letter dt. 18-01-2010 to the Branch Manager, SBI, Tamluk branch, receipt schedule of SBI dt. 21-09-2010, duplicate CC list of Tamluk H.O., Post Office etc. in support of their WV as also WNA.
The Op no. 3 has filed the Xerox copy of the authentication copy along with cheque bearing no. 122181 dt.15-09-2009 in support of his WV and argument.
None of the parties adduced any evidence, but they have relied upon the averments mentioned in their respective pleadings which was supported by affidavit and the documents submitted by them before this forum. But both the parties have submitted their respective WNA.
We have gone the pleadings of the parties, documents including WNA submitted by them.
Points for consideration.
- Is there any deficiency in service on the part of the OPs?
- Whether the complainant is entitled to get any compensation or relief?
With an eye to above two points for consideration the discussions are mentioned below.
Decisions with reasons
Point nos. 1 & 2:
Having perused the documents filed by the complainant and the OPs it appears that the complainant having a savings bank account at OP no. 3, offered a cheque of amount of Rs. 4,50,000/- to the OP no. 1 to purchase KVP Certificates from OP no. 1 and OP no. 2. It is also seen from the documents and arguments made by both parties that the said cheque was deposited to SBI, Tamluk branch on 24-09-2009 with whom OP no. 1 and OP no. 2 have been related for financial transaction and the said cheque amount was debited from the complainant’s savings account lies at OP no. 3 on 30-10-2009, but the KVP certificates against the said amount were issued to the complainant on 05-10-2010. Here we can see an abnormal delay in issuing the KVP certificates by OP no. 1 after receiving the said cheque amount. The complainant sent two letters on 01-11-2010 and on 07-05-2012 to OP no. 2 informing the entire matter and having claimed the interest for the period of pending amount of Rs. 4,50,000/- to the OP no. 1. Having offered the amount of Rs. 4,50,000/- for issuing KVP certificates from the side of OP no. 1, the complainant has become the consumer to the OP no. 1 and being a superior to OP no. 1, OP no. 2 is also liable to the complainant as a service provider. OP nos. 1 & 2, in arguments and in documents tried to shift the cause of delay in issuing KVP certificates to SBI, but OP no. 1 & 2 can’t do it as OP no. 1 received the said cheque amount from the complainant for issuing KVP certificates and also deposited the same at the bank of OP no. 1 and OP no. 2. When the cheque amount of Rs. 4,50,000/- was debited or withdrawn from complainant’s savings account by SBI, Haldia branch on 30-10-2009, then it normally presumes that OP no. 1 received the amount Rs. 4,50,000/- from the complainant as the said SBI is the encashment/clearing bank for Op no. 1 & 2. Though Op no. 1 sent reminder to SBI, Tamluk branch twice on 04-12-2009 and 18-01-2010 regarding the matter but no results found. For such delay of 11 months 4 days for issuing KVP certificate after withdrawal of the amount from complainant’s savings account for such certificates, the complainant has suffered a loss of interest on the said amount for the said period. OP no. 1 and 2 after receiving the total amount from the complainant failed to issue KVP certificates in time, hence we find deficiency in service on the part of the OP nos. 1 & 2. The matter of SBI in this case cannot effect the claim of the complainant as an internal relation exist in between OP no. 1 and OP no. 2 as well as SBI. We find a direct relation of service provider and consumer regarding complainant and OP no. 1 & 2 in the present case. We find no deficiency in service on the part of the OP no. 3 as OP no. 3 as a bank of the complainant debited the cheque amount in time after receiving the said cheque bearing no. 122181 dt. 15-09-2009. Having cleared the said cheque bearing amount of Rs. 4,50,000/- of the complainant the OP no. 3 had done its service properly. As the complainant has been issued KVP certificates after 11 months 4 days, the complainant has faced a huge loss of interest for the paid amount to OP no. 1 for said pending period, hence the complainant has been entitled to get the interest claimed amount of Rs. 36,000/-. Apart from that the complainant is also entitled to Rs. 1,500 for litigation cost.
The above two points, are thus, disposed of with the above observations and findings.
Hence, it is
ORDERED
that the instant case be and the same is allowed against OP no. 1 & 2 and dismissed against OP no. 3 on contest. The OP no. 1 & 2 are directed to pay jointly or severally Rs. 36,000/.- as interest on Rs. 4,50,000/- for the period from 30-10-2009 to 04-10-2010 to the complainant along with Rs. 1,500/- for litigation cost within 45 days from the date of issuance of this order, failing which the complainant shall have the liberty to execute this order, in which case, the interest @ 9% p.a. shall be payable by OP no. 1 & 2 jointly or severally to the complainant on the total amount i.e. Rs. 36,000/- + Rs. 1,500/- = Rs. 37,500/- or on remaining amount from the date of this order till compliance of the said order with regard to payment of the amount to the complainant in toto.
