For the O.Ps :- Sri Rajkamal Acharya,AGP, Bhawanipatna
ORDER.
The present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non release of R.D. amount in favour of complainant. The brief facts of the case is briefly summarised hereunder.
That the wife of the complainant had opened R.D. account bearing No. 4307629 at Dharmagarh for Rs.300/- per month and regularly deposited the amount up to October, 2014. Smt. Alka Biswal died on 6.11.2014 leaving behind the legal heir i.e. complainant. The deceased Smt. Alaka Biswal had deposited an amount of Rs.16,200/- during her life time with the O.Ps. After her death the complainant had claimed the above amount with duly filled in claim application form and submitted along with the required documents to the O.Ps to release the amount on Dt. 21.7.2015. The O.Ps arbitrarily held up the legitimate claim of the complainant as such the O.Ps are negligent in giving service and harass the complainant. Hence this case has been filed by the complainant before the forum for redressal of his grievance. The complainant prays the forum to release the amount of Rs.16,200/- with up-to-date interest and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.
On being noticed the O.P. filed written version through their learned counsel and submitted that the complainant had delayed in complying the irregularities and as such the O.P No.1 could not be able to forward the claim papers immediately on receipt back of the same from O.P. No.2. The case of the complainant was processed and sanction was accorded for payment of claimed amount with admissible interest to the complainant vide Letter No.SB/P-4/2016 Dtd. 29.3.2016 of the O.P. No.2. Thus no dealy was caused by the O.P. No.2 in settling the case of the complainant. The complainant did not bring the matter of his allegation to the notice of the O.P. No.2 for settlement of his grievance but dragged him to litigation along with O.P. No.1 and caused expenditure from the Govt. Exchequer. According to protection under section-14 of Government savings banks Act-1873 . “No suit or legal proceeding shall lie against the Secretary or any other officer of the Govt. in respect of anything which is done in good faith or intended to be done under this Act”. In view of the protection granted by the Union Govt. to the officers of the Deptt. of Posts the O.Ps are free from the allegation raised by the complainant. The O.Ps prays the forum to dismiss the complaint petition against the O.Ps for the best interest of justice.
The O.Ps appeared and filed their written version. Arguments from the learned counsel for the complainant and O.Ps heard. Perused the record, documents, written arguments filed by the parties.
The parties vehemently advanced arguments touching the points both on the facts as well as on law
FINDINGS.
On perusal of the record it is revealed that the learned counsel for the complainant on Dt.30.12.2016 filed a memo and submitted that the complainant has received a sum of Rs. 20,599/- towards his R.D. amount from the O.Ps on Dt.21.07.2016. The complainant further submitted that he is entitled to get compensation and cost from the O.Ps.
On going through the records it is observed that after receipt of the notice from the forum the O.Ps have promptly paid the R.D amount along with up-to-date interest to the complainant. We observed there is no deficiency of service on the part of the O.Ps as the complainant received compensation by way of interest.
Hence to meet the ends of justice, the following order is passed.
ORDER.
The C.C. case is disposed off as complied and no further cause of action exists. Parties are left to bear their own cost.
Dictated and corrected by me
Pronounced on this 18th. day of January, 2017.
Member. President
