BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.271 of 2022
Date of Instt. 08.08.2022
Date of Decision: 03.01.2023
Gagandeep (NRI now in Australia) son of Shri Sudesh Kumar Gupta, through Shri Sudesh Kumar Gupta a retired government teacher, resident of Near Khalsa School, V & PO, Lambra, Jalandhar-144026.
..........Complainant
Versus
1. Sub Post Master, Grain Market, Jalandhar-144008.
2. Senior Superintendent Posts, HPO, Jalandhar-144001.
3. Post Master General Punjab, Sector-17, Chandigarh and second Digital complaint portal, Indiapost.gov.in.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
Sh. G. P. S. Rana, Adv. Counsel for OPs No.1 to 3.
Order
Dr. Harveen Bhardwaj (President)
1. This complaint has been filed by the complainant through attorney, wherein alleged that in the year 2015, his NRI son Gagandeep (NRI status since 2014) and his wife feel prey to the postal agents/staff and started accounts PPF, MIS and RD and (some NSCs which have been encashed now) total amount Rs.10,00,000/- by encashing amount from the bank from the maturity level thus facing a heavy loss, started three accounts which now have been matured in 2020 and due to Corona restrictions and other job conditions of Gagandeep could not visit his native place for a long period. Now in March 2022 on his visit to native place village Lambra, and having wished to withdraw his hard earned savings he visited the concerned post office for withdrawal of the amount and closure of all accounts exist in the new grain market post office-144008. As per postal rules which have come to light now NRIs are not eligible to open such accounts and he was kept in utter dark by the postal staff/agents. Feeling hapless and to join his job he had to go to Australia on 24th April 2022 and signed his Authority Letter. Thereupon being a government retired teacher feeling, unpleasant working of the postal staff with the consent of his son Gagandeep, he requested to close all accounts of Gagandeep and transfer the balance amounts in his NRO account in the State Bank of India, New Grain Market, Jalandhar-144008. It is further submitted by the complainant to give support to the financial system which is a fulcrum of society, suitable action will not only save the complainant from his hard earned savings, but also send good signals to the Indian diaspora in the world and get all his account closed as requested and credit the amount including interest to avoid any embarrassment to the depositors and as such the present complaint filed with the prayer that the OP may be fined/penalized for causing mental agony, harassment and embarrassment suitably to the gullible public. The August Offices of Post Master General Chandigarh and Senior Superintendent Posts, Jalandhar for their negative rigmarole and uncleaned face postures. For example his son Gagandeep took no loan from his any account, but the investigation is under process for the last over four months without any tangible result, which reflects fraudulent working of the postal department and its impact on the society.
2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the complaint is not maintainable in the present form and is liable to be dismissed. It is further averred that union of India has not been made party. The answering OPs is the agent/employee of Union of India. It is further averred that no notice under Section 80 CPC has been served, which is mandatory to claim any relief from Union of India. The complainant has not come to this Commission with clean hands and have suppressed the material facts that the matter has been resolved and payment has been made. On merits, all the allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by both the parties very minutely.
6. It is admitted fact that the complainant opened three accounts during the year 2015 and one account during the year 2022. The account opening forms have been proved as Ex.C-1 to Ex.C-4. As per the contention of the father of the complainant, who is attorney holder also, the complainant is an NRI having this status since 2014 and they deposited the amount of Rs.10,00,000/- in the year 2015 and when he visited his native place in 2022, he went to the post office to get all his accounts closed. The grudge of the OPs is that at the time of opening the accounts, the complainant did not disclose that he is an NRI and open the accounts with the Indian ID proofs. He has also produced on record the rules and procedure for closure of saving account and submitted that the father of the complainant is not having valid Power of Attorney in his favour for withdrawal of the money and as per the guidelines the complainant could not open the account being NRI, therefore the complainant has no locus-standi to file the complaint. This contention of the OP is not tenable as the complainant has filed the complaint not for withdrawal of the money rather to transfer the money in the account of the complainant.
7. The complainant has proved on record the authority letter Ex.C-1 given by his son Gagandeep Singh in his favour. Ex.C-2 is the application given by father of the complainant for closure of the account having account numbers RD: 2305181248, SB:2305036821 and PPF: 1556/2305044345. Perusal of this document shows that he has specifically mentioned in this letter that amount be credited in the NRI Account of his son through RTGS or through cheque. He has nowhere mentioned that he wants to withdraw the amount himself. This letter is dated 18.05.2022. Ex.C-3 is the reply to the application which shows that due to the father of the complainant having no valid authority letter and the PPF account not being yet matured, the accounts could not be closed. It has further been mentioned that RD Account could not be closed due to some discrepancy. Ex.C-4 shows that the Superintendent Post Office has informed the complainant that if any account is opened violating the rules of saving scheme, then no interest is to be paid. The complainant has referred Ex.C-6. Perusal of this document shows that there is a clause which shows that NRIs and Power of Attorney holders are not eligible to open the accounts. Perusal of the passbooks relied upon by the complainant Ex.C-7 and the account opening forms Ex.OP1/1 to Ex.OP1/4 shows that there is no column in these forms which may warn/inform the customers or consumers not to open the account if he is an NRI or Power of Attorney holder. This is not the case of the OP that this fact was brought to the notice of the complainant at the time of opening the accounts that if he is an NRI then he cannot open the accounts. There is no document on the file to show that he was informed about the policy and guidelines of the government regarding opening of the account by the NRI. It cannot be presumed that one layman person not having knowledge of the guidelines, which is the matter interse between the government and the department, regarding the opening of the account or conditions unless and until he is informed about those guidelines or conditions. On these facts, the document relied upon by the OPs that the complainant is not entitled to interest as he has violated the rules of the OPs, is of no help to the OPs as this fact or condition was never brought to the notice of the complainant while opening the account.
8. So far as the condition of valid power of attorney holder is concerned, perusal of the complaint shows that the same was filed by the authority holder of the complainant, who is an NRI. The complainant has also proved on record the certificates of the son of the complainant. He is not seeking any withdrawal of the amount. If the OPs have any doubt about the account number of the complainant Gagandeep, who is an NRI, then they can verify the same as per rules, but they cannot refuse to give or transfer the money to the account of the complainant which is his own money. The complainant has approached the OP for closure of his amount through his father as as per submission of the complainant’s attorney, he had to leave the country being NRI or due to some unavoidable circumstances, but the OPs cannot refuse to give interest for the money used by them for all these years and cannot refuse to transfer the money on the ground that the PPF Account has not yet been matured. It is the wish of the consumer/account holder as to whether he wants to close his accounts or not, but the fact remains that the consumer must know the consequences of closing the account prior to the maturity date, but OPs cannot refuse. So from all the angles, the case of the complainant is fully proved and he is entitled for the relief.
9. In view of the above detailed discussion, the complaint of the complainant is partly allowed. The OPs are directed to close the accounts of the complainant i.e. RD: 2305181248, SB:2305036821 and PPF: 2305044345 as per his request. The complainant has produced on record the certified copy of account number i.e. 40884795660 of his son Gagandeep, of Branch: New Grain Market (Jalandhar) with IFSC SBIN0001547, which has been mentioned in Ex.C-2 also. The OP can get it checked from the branch referred by the complainant in his letter Ex.C-2 and the document i.e. certified copy of account No.40884795660, filed today. They are further directed to transfer the amount of accounts i.e. Rs.2,32,000/- of RD Account, Rs.1212/- of SB Account and Rs.13,90,747/- of PPF Account with interest as per rules. So far as the account No.010015262095 is concerned, the same is in the joint name of Gagandeep and Sumita as per first para of written statement and Ex.C-2. The account number filed by the authority person is of Gagandeep alone and the same is not joint nor there is any application on behalf of Sumita to close the account and transfer the amount in their account, therefore no relief regarding this account number can be given. Further, OPs are directed to pay a compensation including litigation expenses to the complainant for causing mental agony and harassment, to the tune of Rs.8000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
03.01.2023 Member Member President
