Date of filing:28/08/2017 Date of disposal:30.11.2017
Complainant: 1. Sri Tapan kumar Mallick, S/O Lt.Mrityunjay Mallick.
2. Smt.Rita Mallick, W/O Sri Tapan Kumar Mallick,
Both are resident C/O- Narayan Chandra Mallick, at Vill & P.O.- Kenduadihi ,
Khudiram Sarani , P.S. & Dist.-Bankura.
-VERSUS-
Opposite Party: 1.The Sub-Post Master, Kulti, P.O & P.S Kulti ,Dist-Paschim Burdwan ,Pin
713343.
2. The Sr. Superintendent of Post Offices, Asansol Division, P.O-Asansol, P.S-
Asansol, Dist –Paschim Burdwan ,Pin-713301.
3. The Post Master General (Dept. of Post), South Bengal Region ,Kolkata
700012.
4. The General Manager (PA & F ), West Bengal Postal Service ,20/B Abdul
Hamid Street Kolkata 700069.
Present: Hon’ble President: Smt.Jayanti Maitra(Ray).
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Suman Bez.
Appeared for the Opposite Parties: Ld. Advocate Murari Mohan Kumar.
Order No.7, Dated: 30.11.2017
Today is fixed for delivery of the order. The complainant is present by filing hazira.
The complainant’s short case is that he is an Ex-employee of the Postal Department. He further states that he purchased the NSC from the , Kulti Sub-Post Office bearing No.
6NS/86EE-525204 to 6NS/86EE-525206 jointly with his wife and the date of maturity of the said NSC was on 14.08.2014. He several times visited the office of the O.Ps. for realization of the matured value of the NSC but was not allowed. Therefore, he filed this case. Following a criminal proceeding being Hirapur P.S. Case No.232/2012 he was dismissed from his service on 31.8.2015 under Rule of CCS (CCA) Rule-1956. It is under process of final and proper adjudication. He suffered judicial custody for a petty long time and was released on January, 2013 in that criminal case. Being upset with due himself from the society for a considerable period of time and could not realize the matured money timely of the said NSC. Therefore, there is a delay of 1110 days which is not willful and was beyond his control. Hence, he prays for condonation of delay of the said period and also for admissibility of this complaint case. Complainant referred decision of Hon’ble NCDRC, New Delhi and 2008(2) CPR 27 that claim never repudiated, therefore, cannot be said to be barred by limitation.
At the time of hearing of his petition U/s. 24A O.Ps. appeared in this case by filing Vokalatnama and the O.P. No.2 filed written version against the complaint petition. The O.P. No.2 also filed a written objection to the said petition U/s. 24 A of the C.P. Act, stating that complainant Tapan Kumar Mallick and Kartik Chandra Mondal were arrested in Hirapur P.S. Case No.232/2012 and Paschim Bardhaman P.S. Case No.20/2013. The cases were investigated by Police Enforcement Brunch and charge sheet No.1, 15 and 11 dated 15.1.2015 were submitted before Ld. ACJM, Asansol Court in GR Case No.1732/2012. Following criminal case of the defalcation of money and fraud, Kulti Sub-Post Master was directed by the Higher Authority of O.P., not to make any payment of any KVP, RD, NSC etc. to the complainants Tapan Kumar Mallick and Rita Mallick without prior permission vide letter No.R24/SB, Kulti/MISC/2015-2016 dated 29.6.2015. The said order however was withdrawn vide another letter dated 15.7.2016 and in reality at present there was no order of stoppage of payment in respect of investment made by the complainant or his family members at Post Offices. That the criminal case being sub-judice without permission of the Ld. Court, such payment as sought for by the complainant may cause undue interference in the matter. That the O.P. never refused to make payment but awaited for the decision of the Ld. Court as well as Higher Authority. The Ld. Lawyer of the O.P. also submits that this complaint filed by the complainant simply as a consumer in the back ground of charge of defalcation and fraud against the complainant No.1 and the resultant dismissal from his service. These are all beyond the jurisdiction of this Consumer Forum to treat the complainant No.1 as a consumer. Therefore, there is no deficiency in service on their part.
The complainant in his petition as well as in the complaint case did not file any document that they were refused payment of maturity money by the O.ps. Admittedly, O.P. also during hearing submits that they in fact never repudiated the claim of the complainant. After hearing both sides it appears to this Forum that in the back ground of criminal charges and criminal cases of defalcation and fraud pending against the complainant No.1 and others and when the claim of the maturity money under the certificate was never denied by the O.P. and the matter regarding payment of maturity money is under consideration. The complainant has filed this case before this Forum for deficiency in service and unfair trade practice.
Heard Ld. Advocates of both sides. Perused the petition U/s.24A of the C.P. Act and also perused the petition of complaint. In the light of the above discussions, it is clear that said NSC is in the joint name of complainant and his wife. However, the reasons shown for condonation the delay of 1110 days is not explained properly and reason shown is not sufficient to this Forum that the complainant was in jail custody till January, 2013 and there is no explanation why he could not realize the NSC which was matured on 14.08.2014. So, this Forum is unable to condone the delay of 1110 days in filing this complaint case. Therefore, the petition U/s.24A is considered and rejected and prayer for admission of this case is also rejected. Hence, it is
Ordered
that the C.C. No.164/2017 is rejected without any cost.
Let the copies of this order be supplied to the parties free of cost.
Jayanti Maitra (Ray)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
Jayanti Maitra (Ray)
President
D.C.D.R.F., Burdwan
(Sri Pankaj Kr. Sinha)
Member
D.C.D.R.F., Burdwan
