Date of filing: 27.4.2017 Date of disposal: 20.7.2017
Complainant: 1. Sri Tapan Kumar Mallick, S/o. Late Mrityunjay Mallick.
2. Smt. Rita Mallick, W/o. Sri Tapan Kumar Mallick.
Both are residents C/o. Narayan Chandra Mallick, Vill. & PO: Kenduadihi, Khudiram Sarani, PS.& Dist: Bankura.
-V E R S U S-
Opposite Party: 1. The Sub-Post Master, Kulti, PO. & PS: Kulti, Dist: Paschim Burdwan, PIN – 713 343.
2. The Sub-Post Master, Barakar, PO: Barakar, PS: Kulti, Dist: Paschim Burdwan, PIN – 713 324.
3. The sub-Post Master, Burnpur, Burnpur Market Post Office, PS: Hirapur, Dist: Paschim Burdwan, PIN – 713 325.
4. The Sr. Superintendent of Post Offices, Asansol Division, PO: Asansol, PS: Asansol, Dist: Paschim Burdwan, PIN – 713 301.
5. The Post Master General (Dept. of Post), South Bengal Region, Kolkata – 700 012.
6. The General Manager (PA & F), West Bengal Postal Service, 20/B, Abdul Hamid Street, Kolkata – 700 069.
Present: Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Suman Bez.
Appeared for the Opposite Party (s): Ld. Advocate, Murari Mohan Kumar.
Order No. 08, Dated: 20.7.2017
We took up the petition for condonation of delay filed by the Complainants u/S. 24A of the Consumer Protection Act, 1986 accompanied with the petition of complaint praying for condoning the delay of about 815 days in filing this complaint from the date of cause of action.
It is stated by the Complainants that they purchased some NSCs, KVPs & other deposits which has been described in the petition of complaint. The maturity date of the earliest one was on 01.02.2013. But unfortunately the Complainant-1 was held accused in a criminal case with the reference to Hirapur Police Station case no-232/2012, he was arrested by the police personnel and the concerned Court after considering the matter sent him to the Judicial custody for a pretty long period. Thereafter he got release on bail in the month of January, 2013. The Complainant-1 though realized that he has been victimized under certain conspiracy and he was quite awful that there is no such evidence by which he can be convicted, he being the creature of the society was mourned for such proceeding against him. At the time of initiation of departmental proceeding by his employer under some suspicious ground he was turned out of his employment. But to such reason he became confined within his house after getting release on bail out of frustration. Thereafter he got mental support and inspiration from his wife and tried to feel that money is necessary for their daily life and survival. He started to bother to look into the concerned NSCs, KVPs and other deposits in the name of him and his wife with the OPs and found that the earliest of them has already been matured on 01.02.2013. The Complainants also found that some of them have also been matured on 11.03.2013, 11.04.2013, 16.08.2013, 25.04.2013, 30.04.2014, 14.08.2014, 19.08.2014, 02.09.2014, 15.11.2014, 07.05.2014, 11.06.2014, 30.04.2014, 18.04.2014, 19.04.2014, 02.09.2014, 15.11.2014, 03.04.2015, 08.04.2015, 25.04.2015, 04.05.2015, 14.09.2015, 19.12.2015, 24.06.2015, 12.05.2015, 05.07.2015, 11.07.2015, 29.07.2015, 03.04.2015, 08.04.2015, 25.04.2015, 04.05.2015, 14.09.2015, 19.12.2015, 08.12.2016, 12.01.2017, 15.01.2017. The Complainant-1 visited the offices of the OPs on several occasions for getting the matured values of those certificates and deposits, but on each and every occasion the OP-4 assured him verbally and somehow consumed the time on any pretext. Then he had prayed in writing before the OP-4 on 21.02.2014. Thereafter the Complainants on 02.09.2014, 20.10.2014, 27.05.2015, 07.09.2015, 30.09.2015, 22.03.2016 though repeatedly asked for money/matured values of their deposits, but the OPs kept them silent over the matter. Then the Complainants realized that until and unless they will approach before any Court of Law, the OPs will not take any step for redressal of their grievances and on 26.04.2017 the Complainants have filed this complaint through their Ld. Counsel. In this manner 815 days delay occurred, for which they have no willful and intentional laches, rather the said delay is beyond their control. According to the Complainants if the delay of 815 days is not condoned, complaint not admitted, they will suffer irreparable loss and injury and accordingly prayer is made for allowing the petition for condonation of delay.
Though the OPs have appeared by filing Vokalatnama, but the OPs did not file any written objection against the petition for condonation of delay.
During argument the Ld. Counsel for the Complainants has prayed for allowing the petition for condonation of delay because the Complainants have tried their best to convince and satisfy the Ld. Forum the actual and true reasons for delay in filing this complaint. According to the Complainants as the situation was beyond their control, they have failed to take appropriate step immediately after the maturity of the abovementioned NSCs, KVPs and other deposits. The Ld. Counsel for the Complainants has argued that as the petition bears merit, the same should be allowed.
We have carefully perused the content of the petition filed by the Complainants u/S. 24A of the Consumer Protection Act, 1986 and heard argument advanced by the Ld. Counsel for the Complainants. Admittedly the Complainants purchased several NSCs, KVPs and other deposit scheme from the OPs and the maturity dates of those deposits were separate. This petition is filed by the Complainants on the ground that as the earliest deposit was matured on 01.02.2013 and as the cause of action arose on the date of its maturity, but the Complainants could not file this complaint within the statutory period of limitation i.e. within two years from the date of cause of action. We have noticed that this complaint was filed by the Complainants on 27.04.2017; hence there is delay of about 815 days in filing of this complaint from the date of cause of action. But it is also noticed by us that in respect of maturity dates of the mentioned deposits delay of 815 days are not involved because the maturity dates are different from another. It is also seen by us that no delay is at all involved in respect of maturity dates of some deposits. Therefore clubbing together of several maturity dates of different deposits in a single petition cannot be entertained and adjudicated upon by passing a single order, for which different complaints and petitions are necessary. Moreover the Complainants have stated that they made written representations with the OPs claiming for disbursement of the maturity amount of the said deposits. In this respect we are to say that written correspondences cannot save the limitation. Therefore the instant petition filed by the Complainants u/S. 24 A of the Consumer Protection Act, 1986 cannot be allowed.
Going by the foregoing discussion, hence it is
O r d e r e d
that the petition for condonation of delay is hereby dismissed ex parte against the OPs without any cost.
As the petition for condonation of delay is not allowed, hence the complaint is also dismissed without being admitted. However, the Complainants are at liberty to approach before the competent Court of Law by filing complaint, if not barred otherwise, in a proper manner by following the provisions of Law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated and corrected by me.
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
