Date of filing:-05/10/2015.
Date of Order:-17/05/2017.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No.57 of 2015.
Sri Trilochan Satpathy S/o. Late Rankamani Satpathy, aged about 60(sixty) years R/o/Vill/P.o. Bhoipali P.s./Tahasil-Bheden, Dist-Bargarh. .... ..... .... Complainant.
-:V e r s u s:-
The Sub Post Master, Sub-Post Office, Remunda, P.o. Bheden. Dist- Bargarh.
The Chief Post Master General, At- C.P.M.G. Squre, Bhubaneswar Dist. Khurda. ..... ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri S.N.Padhi, Advocate with other Advocates.
For the Opposite Parties :- Themselves.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.17/05/2017. -: J U D G E M E N T:-
Presented by Sri Krishna Prasad Mishra, President:-
Brief Facts of the case ;-
In accordance with the provision U/s 12 of the Consumer Protection Act 1986 the case has been filed by the Complainant against the Opposite Parties pertaining to the deficiencies of service caused to him by their act Thus as enumerated below.
The Complainant had purchased four numbers of Kisan Vikash Patra from the Opposite Party No.1(one), for an amount of Rs 1,000/-(Rupees one thousand)only each bearing numbers of the same vide 23AA330986, 23AA341094, 23AA341095 and 36AA435066 on Dt. 22.7.1994, Dt.20.06.1996, Dt.20/05/1998 and Dt.20/05/1998 respectively by duely paying the amount as mentioned against which he was issued with those said certificates ( K.V.P.).
The said certificates were kept in the custody of the Complainant but to his ill-luck those were partially damaged by the white ant in course of time to which the Complainant duely intimated to the Opposite Party No.1(one) immediately after knowing the same and on his advice the Complainant applied before him in his office along with the remaining parts of the damaged certificates for replacement and for encashment of the same to which the said Opposite Party had duely received on Dt. 08.01.2002 along with the prescribed fees for the said purpose and had duely issued receipt against the same by putting seal and signature and advised him to wait for one month time as those certificates along with his application would be sent to the head office at Bargarh and they would issue duplicate certificates, but till then the Complainant has been running to the pillar and post of the said office from Bheden to Bargarh, Sambalpur i.e the Superintendent of Post Office for several time and has complained before them both verbally and also in writing, but till yet no action been taken from their end excepting false assurances to replace the same shortly, lastly on Dt.02.04.2015 the Complainant had been to the Opposite Party No.1(one) along with his all correspondence papers to different authorities but he showed his inability either to replace with new certificates or to encash the same, so as per him the such actions of the Opposite Parties amounts to deficiencies of rendering service to him thus seeing no other alternatives he served a pleader notice to the Opposite Parties through his Advocate on Dt. 11.05.215, on receipt of the same they replied on Dt. 20.05.2015 vide their letter No. SB/D1-262/KVP wherein they assured him to take necessary action shortly but in vain. Thus he preferred to file the case praying before the Forum to issue with direction to the Opposite Parties to issue the duplicate certificates of those damaged certificates and to the maturity amount of those certificates to him with interest on those matured amounts up-till it’s realization, along with an amount of Rs.1,00,000/-(Rupees one lakh)only as compensation against his physical, mental, and financial loss caused to him due to the unfair trade practice and deficiencies in rendering service on the part of the Opposite Parties.
And in support of his case the Complainant has filed some documents as follows.
The receipt copies issued by the Sub-Post Master against the payment of the fees for issuance of the duplicate K.V.P on Dt.08.01.2002.(four sheets).
Copy of an application given by the Complainant to the Sub Post Master to issue him with the duplicate certificates. (one sheet).
Copy of an application to the Superintendent of Post Office, Sambalpur through the Sub Post Master, Remunda. (one sheet).
Copy of the Pleader Notice served on the Sub-Post Master and Chief Post Master of the Postal Department, Bhubaneswar. (two sheets).
Postal receipt containing two receipts. (one sheets).
Also in support of his case the Complainant has filed his own Affidavit in exhibiting the documents filed in his support.
Having gone through the pleading, documents filed by the Complainant and on hearing his advocate, the case was admitted to be a genuine one and notice was served on the Opposite Parties. And on receipt of the same the Pposite Parties appeared before the Forum through the Assistant Superintendent of their Department and filed their version in a very late after taking several adjournment on the ground of assessment of documents relating to the case.
However the sole gist of the averment made by the Opposite Parties was based on the sole contention to the effect that the Complainant has not applied as per the requirement of their prescribed format along with an indemnity bond against the amount and some witness and etc, and have admitted the rest part of the case of the Complainant and have denied the commitment of deficiencies in rendering service to the Complainant on their part by not issuing the duplicate certificate or non disbursing the matured amount of the same only on the afore said ground, and as such has claimed the case to be dismissed.
Having gone through the pleading, documents and the on hearing the advocate for the Complainant and the authorized officer of the opposite party, some points have come up before us to adjudicate the case which are as follows.
Whether the application, along with partly damaged certificate submitted before the concerned authorities is sufficient for issue of duplicate certificate of the K.V.Ps.
Whether the Opposite Parties are deficient in rendering service to the Complainant.
Whether the Complainant is entitled for the claim as sought for by him.
While considering the first point of determination as to whether the application filed along with the partly damaged certificate is sufficient to issue the duplicate of the same. In this context after going through the record vividly it came to our notice that the Complainant has adduced his evidence in the shape of his own affidavit relying on the documents filed by him which are marked as exhibits vide No.1(one) to No.8(eight) in due course of hearing having being participated by the authorized officer of the Opposite Parties, but the said officer could not elucidate any material in their support and it came to our notice that the Opposite Parties have admitted the total case of the Complainant excepting the allegation of not filing the application in their prescribed format and non producing of an indemnity bond and witness & etc. And also it is clearly revealed from the testimony of the Complainant that the Opposite Parties could not prove their case that the Complainant has not filed the application in the proper format nor could prove their case substantiating his case by filing any documents to that effect that any such prescribed application is a necessity one which has not been complied with by the Complainant, furthermore, it is clearly reveals from the record that the Complainant has applied for the same issuance of the duplicate certificate along with the remaining parts of those same before a responsible Sub Post Master to which he has duly received and also has received the required fees for the same and has not claimed for any other documents at that time, which can be safely evident from the documents filed to that effect vide the exhibits No.8(eight),and No.1(one) to No. 3(three).
But on the contrary there is no evidence even in a scrap of paper to the effect from their side that such documents as required were not filed by the Complainant for years together even after getting the pleader notice by the authority and replying to that on Dt.02.05.2015. But suddenly at the time of filing of version for the first time they have come up with a plea that sufficient documents have not been filed rather in their reply to the said notice they have stated that action is being taken but in vain, which it self amounts to deficiencies of service on their part. Hence in view of such facts and circumstances we are of the view that the documents filed by the Complainant before the authority of the Opposite Parties for issue of the duplicate certificates is sufficient as such answered accordingly in favor of the Complainant.
Secondly while dealing with the question as to whether the Opposite Parties are deficient in rendering proper service to the Complainant, in this context as we have already discussed the case in details with regard to the documents filed by the Complainant and the averment made by the Opposite Parties in their version that the Opposite Parties have admitted the case of the Complainant in all respect except one claim from their end that the Complainant has not filed the application for issuance of the duplicate certificate in the prescribed form i.e form 29(twenty nine), and has not filed the indemnity bond sureties and witness and etc. In this context delving deep in to the materials available on record it came to our notice that though the Complainant has applied for the duplicate certificate in the year 2002 along with the remaining parts of those certificates and has paid the required fees as asked by the Sub Post Master, Bheden before whom he submitted all the documents against which he has issued the receipt and has made his endorsement to have received the documents and also assured him to come to him after one months as the same certificates would be issued by the Head Post Office Bargarh, but at that time also he has not asked for any other documents for the said purpose nor after that also any of the concerned authorities have ever asked the Complainant to submit any other documents for the said purpose rather all the time whenever the Complainant has visited their office including the office of the Superintendent of Post Office, Sambalpur, all of them have given him false assurances that his matter was being verified and very shortly it would be sorted out which is clearly evident from the reply letter of the Superintendent of Post Office vide his letter No-SB/DI-262/KVP Dt. 20.05.2015 after lapse of such a long time which amounts to deficiencies of service on their part. Hence in such circumstances we are of the view that it is nothing but a sere negligence of the Opposite Parties which amounts to the deficiencies of service against the Complainant hence our views goes in favor of the Complainant and answered accordingly.
Whether the Complainant is entitled for the claim as sought for by him, in this context as we have already expressed our logistic view after clear cut assessments of the entire materials available on the record, that the Opposite Parties are deficient in rendering service properly to the Complainant, obviously now while considering the points as to whether he is entitled for his claim, our views goes in favor of the Complainant and accordingly he is entitled for his claim for which the Opposite Parties are jointly and severally liable, hence order follows.
O R D E R
Hence in view of the above narrated facts, circumstances, and our expressed views, the Opposite Parties are directed to issue the duplicate certificates of the Complainant against the partly damaged said certificates of four numbers for an amount of Rs.1,000/-(Rupees one thousand)only each, and also directed to encash the matured amount of those certificates at the prevailing rate of interest mentioned in those certificates along with interest @ 9% (nine percent) per annum from the date of such maturity of the same till date of this Order. And the Opposite Parties are further directed to pay an amount Rs.5,000/(Rupees five thousand only ) in lieu of the compensation for the physical, mental and financial harassment caused to him by them and are also directed to pay an amount of Rs.1,000/-(Rupees one thousand)only as litigation expenses, within one month of receipt of the order and in default of the same direction, an interest @ 18%(eighteen percent) per annum would accrue on the total amount till realization of the same. In the result the complaint of the complainant is allowed against the opposite parties.
Hence the order is pronounced in the open Forum to-day i.e on Dt. 17.05.2017 and accordingly the case is disposed off.
Typed to my dictation
and corrected by me.
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
I agree, I agree,
(Sri Pradeep Kumar Dash) ( Ajanta Subhadarsinee)
M e m b e r. M e m b e r (W)
