West Bengal

Paschim Midnapore

CC/83/2013

Sri Niloy Das - Complainant(s)

Versus

The Sub Post Master (HSG-1) - Opp.Party(s)

26 Mar 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.83/2013                                                         Date of disposal: 26/03/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.       

                                                      MEMBER :  Mr. Kapot Chattopadhyay.     

 

    For the Complainant/Petitioner/Plaintiff : Mr. S. Panda, Advocate.

    For the Defendant/O.P.S.                           : Mr. S. Parya, Advocate.                                   

          

1. Sri Niloy Das & 2) Sri Moloy Das both  S/o- Lt Narayan Ch. Das, of Mirpur

      (Bulbulchati), P.O. Kharagpur, P.S. Kharagpur(T), Dist. Paschim Medinipur                

      ……………………………………………Complainants.

                                                              Vs.

1. The Sub-Post Master (HSG-1), Kharagpur, Pin. 721301,Dist  Paschim Medinipur
2. The Sr. Superintendent, Post Office of India, Midnapore Division, P.O. & P.S. Medinipur Town, Dist Paschim Medinipur
3. Smt. Kabita Das W/o- Lt Narayan Ch. Das, C/o-Satyajit Singha of Patnabazar, P.O.Midnapore, P.S. Midinipur, Dist. Paschim Medinipur
4. Ganesh Chanadra Das, S/o-Lt. Nagendra Chandra Das, Vill. Dhakapara, P.O. & P.S.Shantipur, Dist Nadia…………………… ……………Ops.

 Complainants went to the office of Op. No.1 again and again but they did not hear your complainant’s appeal and therefore Chandan Kanti Mondal on 22/05/2012 which was acknowledged by the Superintendent, Midnapore Division on 11/12/2012 followed by the reply that the settlement process is going on.

Waiting for a considerable period your complainants filed a Complaint Case being No.109/2012 with prayer to pass an order against the Op. Post Office for disbursement of matured amount of schedule mentioned KVP/NSC and Rd.account before Ld. DCDRF, Paschim Mednipur as per their share mentioned in the succession certificate.

That the aforesaid complaint case was dismissed on 26/02/2013 due to default for non taking of step and as well as no filing of show cause.

That the aforesaid complaint case was dismissed on 26/02/2013 due to default for non taking of step and as well as non filing of show cause.

Contd……P/2

 

                                                                                                               - ( 2 ) -

Complainants reside in their service place due to their employment and they could not met their Ld. Advocate regularly and they were not informed by the Ld. Advocate about dates and for that reason there was no taking of proper steps as per order of Ld. DCDRF, Paschim Medinipur and consequently the aforesaid Complaint Case being No.109/2012 was dismissed on 26/02/2013 at the stage of admission hearing and therefore the Op. parties did not appeare in the complaint case.

That inspite of having order of the Ld. District Delegate, Midnapore and also of communicating the same to the Op. but the Ops. Post Office of India, Kharagpur Sub Post Office as well as its Divisional office have not made payment in of the schedule mentioned KVP/NSC and Rd. account.

That there is gross deficiency of service from the side of the Op., due to no-payment of the amount of schedule mentioned KVP/NSC and Rd. account inspite of having complied with all requirements as asked by the Ops.

That there is no scope of restoration of the above mentioned previous Complaint Case 109/12 under provision of Consumer Protection Act and as your complainant have filed this complaint case with same grievance of the above mentioned previous complaint case No.109/12 which was not disposed of on merites but was dismissed for default on the ground stated above.

That for Natural Justice and due to nonpayment amount of schedule mentioned KVP/NSC and Rd. account value as per succession certificate this complaint case is required to be admitted by the Ld. DCDRF, Paschim Medinipur.

That the order submission will be made at the time of hearing;

Under the above circumstance it is prayed that your Honour would be pleased to directed the Ops. to pay the claim amount being to your complainants as share of the schedule mentioned NSC/KVP & RD account and also direct the Ops. to pay 5,000/- as mental agony and litigation cost for ends of justice.

             Hence,

                          It is ordered, 

                                                         that the case be and the same is allowed on contest without cost Ops. directed to pay 5,000/-(Five thousand) only to the complainant. 

              

Dic. & Corrected by me

              

         Member                                            Member                                        President

                                                                                                                    District Forum

                                                                                                                Paschim Medinipur.