SRI R. DEY
The present case has been filed by the complainants praying for relief such as transfer of 4 MIS accounts to Heria sub-post office from Kajlagarah Sub-Post Office, interest of the accounts, Rs. 10,000/- for mental agony and physical suffering of the complainant and litigation cost.
The complainants’ case, in a nutshell, is that the complainant no. 1 is an Ex-Army and complainant no. 2 is the wife of complainant no. 1. The complainants have joint MIS accounts bearing no. 1752059, 1752060, 1752061, 1752068 of amount of Rs. 1,50,000/- each and others accounts in the Kajlagarah Sub P.O. who is OP no. 1 in this case. The complainants prayed for transfer of the said MIS accounts from Kajlagarah sub post office (OP no. 1) to Heria Sub Post Office (OP no. 2) through transfer form given by the OP no. 1. The said MIS account passbooks were deposited to OP no. 2 by the complainants on 27-09-2013. The said MIS accounts have not been transferred to OP no. 2 till now. In the meantime, the OP no. 1 sent a letter vide Memo No. S-1/SB-MISC/Kajlagarah S.O./13 dt. at Kajlagarh the 11-12-2013 to the complainants to withdraw the excess amount of MIS amount. As the complainants had already deposited the MIS pass books to OP no. 2, the complainants were not able to withdraw the premature excess amount of said MIS. The complainants informed the said matter to OP no. 1 by letter dt. 15-01-2014. The complainants sent notice to OPs on 14-3-2014 and 22-3-2014 by Registered Post asking them to transfer said MIS accounts. According to complainants, none of the OPs has taken any step to transfer the said MIS accounts. The OPs have showed negligency to the complainant regarding their services. Hence, the present case has been filed by the complainant against the OPs.
The OP no. 1,2,3 and 4 have appeared in the case jointly by filing WV as also WNA wherein they have stated that the complainants have 17 MIS accounts at OP no. 1 in joint mode of total amount of Rs. 13,21,500/-. Among the 17 MIS accounts, the 4 MIS accounts bearing no. 1752059, 1752060, 1752061 and 1752068 have been opened by depositing Rs. 1,50,000/- each in joint name of the complainants. According to OPs the complainants applied to OP for transfer of said 4 MIS accounts but the transfer procedure is still pending at OP no. 1 due to non-regularization of irregular deposit in the scheme as the depositor has not turned up at OP no. 1 in spite of requests from OP no. 1 by letter no. S-1/SB-MISC/Kajlagarh S.O./13 dt. at Kajlagarh the 11-12-2013. The transfer could not be effected due to non-cooperation of the complainants. As per OPs the complainants have been requested to withdraw the excess deposit of Rs. 4,21,500/- made in the MIS beyond prescribed limit of Rs. 9 lakh in joint names at OP no. 1. As per OPs in WV the said MIS passbooks have been kept in the custody of Tamluk H.O. and the complainants are to be appeared before OP no. 1 for closure of their accounts which have been treated as irregular. According to OPs, the complainants have opened 17 MIS accounts having deposited total of Rs. 13,21,500/- making contravention of MIS rule 5 regarding maximum limit of deposit in MIS. As per the rule the maximum amount of Rs. 9,00,000/- can be deposited in MIS scheme in joint name in all accounts opened in post offices in India. The complainants have made an irregular deposit of Rs. 4,21,000/- as excess of such prescribed limit, though they had given an undertaking to the effect that they were not making any deposit in MIS scheme beyond the prescribed limit of Rs. 9 lakhs at the time of opening of such 17 MIS accounts at OP no. 1. According to OPs the complainants tried to deceive the OPs by way of transferring some MIS accounts from OP no. 1 to another OP, so that, he may earn additional quantum of interest in every month by making excess deposit of Rs 4,21,500/- illegally. The OPs have stated in WV that the complainants is a cunning person and tried to avoid rules for getting extra amount of interest over the limit of Rs 9,00,000/-
None of the parties adduced any evidence but they have relied upon the averments in their respective pleadings which were supported by affidavit and the documents submitted by them before this forum and both the parties submitted their respective WNA.
We have gone through the pleadings, the documents including the WNA submitted by the parties on record.
Points for consideration
- Is there any deficiency in service on the part of the OPs?
- Whether the complainants are entitled to get any relief or compensation?
Decision with reasons
With an eye to the above two points the discussions are mentioned below.
Point nos. 1 & 2:
Having perused the facts and entire documents filed by the complainants and OPs, it reveals that the complainants had deposited Rs. 13,21,500/- in total 17 MIS accounts at OP no. 1. The details of 17 MIS accounts have been found in annexure ‘A’, details of MIS account numbers at Kajlagarh S.O. submitted by Superintendent of Post Office, Tamluk division, Tamluk and filed by OPs and from the Xerox copies of application for opening an account filed by the OPs. It appears from the Xerox of SB Order no. 12/2007, No. 110-1/2006-FS, Govt. of India, Ministry of Communication and IT, Department of Posts, addressed to All Heads of Circles/Region, Additional Director General, APS, New Delhi by Assistant Superintendent Posts and chapter 6 (Monthly Income Account Scheme salient feature of the scheme) that maximum limit of invest in MIS in single account is Rs. 4.5 lakhs and in joint accounts is Rs. 9,00,000/-. It also appears from the Xerox copy of application for opening an account in Post Office that complainants had undertaken to abide by the MIS Rules by putting full signatures of themselves underneath. It reveals that the complainants would know the Rule of MIS i.e. the maximum limit of deposit in MIS in single account is Rs. 4.5 lakhs and in joint account is Rs. 9 lakhs. As the complainants were apprised of the MIS rules, then they should not deposit the excess amount beyond the limit of maximum limit of MIS account. From the letter bearing no. S-1/SB-MISC/Kajlagarah S.O./13 dt. at Kajlagarh the 11-12-2013 written to the complaints by OP no. 1, it is found that the complainants were informed about the excess amount of MIS account by the OP no. 1. From the above discussion it appears that the complainants in spite of subsisting, education and awareness of rules and regulations, has tried to violate the rule relating to Post Office which is a department of Indian Government. It means or indicates to the violation of Govt. rules and system.
From the Xerox copies of monthly income account scheme ledger, it appears that the OPs had paid the monthly interest amount in respect of deposited amount made by complainants in MIS accounts and from the admitted fact of the complainants we find no complaint of the complainants in their petition about the payment of monthly interest by the OP or OPs. Besides, the OP or OPs has/have followed only the Government rules regarding MIS and has/have tried to make aware the complainants about the same. Hence, we find no deficiency in service on the part of the OPs.
As the complainants, after depositing a certain amount in every MIS account, had obtained monthly interest amount from the following months and have violated the Govt. rules in spite of being informed about the said rule previously, then the complainants are not entitled to get any relief or compensation as sought for.
That being so, the instant case is liable to be dismissed.
Both these points are, thus, disposed of.
Hence, it is
ORDERED
that the case being no. 31/2014 be and the same is dismissed on contest against the OPs without any cost.
