Date of Filing : 16.06.2011
Date of Disposal : 03.10.2012
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri T.Sundara Ramaiah, B.Com., B.L., President (FAC)
Smt. M.Sreelatha, B.A.,B.L., Lady Member
Sri S.Niranjan Babu, B.A., B.L., Male Member
Wednesday, the 3rd day of October, 2012
C.C.No.116/2011
Between:
S.A.A.Prasad,
S/o Late S.Venkata Subbaiah,
D.No.4-7-52/2/,
Near Municipal Office,
Hindupur,
Anantapur District. … Complainant
Vs.
1. The Superintendent of Posts,
Postal Department,
Head Post Office,
Anantapur.
2. The Sub-Post Master,
Rama Nagar Post Office,
Anantapur. … Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri H.Nageswara Rao, Advocate for the complainant and Sri T.Bharath Bhushana Reddy, Advocate for the Opposite Parties 1 & 2 and after perusing the material papers on record and after hearing the arguments of complainant’s side, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, Male Member: - This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1 & 2 claiming a sum of Rs.8,450/- towards interest on Rs.2,10,000/- @ 3.5% p.a. from 24.02.2010 to 24.02.2011, Rs.933/- towards interest on Rs.2,10,000/- @ 8% p.a. from 05.02.2010 to 24.02.2010 and Rs.10,000/- towards mental agony and damages, total sum of Rs.19,383/- with future interest @ 24% p.a. from 25.02.2011 till the date of payment and Rs.1000/- towards litigation expenses.
2. The brief facts of the complaint are that: - The complainant is a permanent resident of Hindupur Town, Anantapur District. The complainant and his son S.AnanthaVenkatesh have opened MIS account in the 2nd opposite party Sub-post office, Anantapur on 05.11.2009. The said account was opened as a joint bank account bearing No.8346 and deposited a sum of Rs.6,60,000/- in the said account on the same day and the rate of interest was 8% p.a.. The complainant’s son is the first holder and the complainant is the joint holder of the said account. The interest on the deposited amount is to be credited into the account No.8346 on monthly basis. On 24.02.2010 the complainant’s sonS.Anantha Venkatesh died in a road accident and subsequently on 17.04.2010 the complainant wrote a letter to the 2nd opposite party about the death of the first account holder and requested to return the total amount to the complainant along with interest. On 25.02.2011 the complainant received an amount of Rs.2,10,000/- + Rs.7,350/- interest amount for the period from 24.02.2010 to 24.02.2011 at the rate 3.5% p.a.. As the 2nd opposite party failed to pay the interest to the complainant as per the contract rate the 2nd opposite party is liable to pay the balance interest amount of Rs.8,450/- for the period from 24.02.2010 to 24.02.2011. Further the complainant claimed an interest @ 8% p.a. on Rs.2,10,000/- from 05.02.2010 to 24.02.2010 which amount of Rs.933/- the said amounts were not paid to the complainant by the 2nd opposite party. Hence, there is deficiency of service on the part of the opposite parties for which the opposite parties 1 & 2 are liable to pay the said amount along with compensation for mental agony. On 07.03.2011 the complainant got issued legal notice to the 2nd opposite party for payment of the balance interest of Rs.9,383/- for which the 1st opposite party gave a reply notice dt.12.04.2011 stating that the 2nd opposite party has paid the interest to the complainant as per rules.
3. Counter filed on behalf of the 1st opposite party stating that it is true that S.Anantha Venkatesh the son of the complainant have opened MIS account in the 2nd opposite party sub-post office, Anantapur on 05.11.2009 and a sum of Rs.6,60,000/- was deposited in the said account and the 2nd opposite party agreed to pay an interest @ 8% p.a. on the deposit amount and to credit the interest amount into the account of 8346 on monthly basis. The said account was a joint account of the complainant and his sonS.Anantha Venkatesh.
4. Subsequently on 24.02.2010 the complainant’s son S.Anantha Venkatesh who is the joint count holder of the account died in a road accident and the same was informed to the 2nd opposite party through a letter dt,17.04.2010 which was forwarded to Post Mater, Anantapur for considering it as a claim but the same was return to the sub-post office, Ram Nagar on April 2010 from Assistant Post Master, Anantapur, Head Post Office stating that it was not a case of death claim as one of the account holder is alive he can not claim the entire amount. Further the 1st opposite party submits that the complainant kept quite from April 2010 to 12.02.2011 and he withdraw Rs.2,10,000/- from the account and accepted monthly interest at the rate of Rs.3,000/- per month on the remaining amount of Rs.4,50,000/- from 24.02.2010 to 24.02.2011. The 2nd opposite party further submits that the complainant was requested to withdraw the excess amount of Rs.2,10,000/-. Since one of the account holder died on 24.02.2010 so as to convert the joint MIS account in to single MIS account. Further the 2nd opposite party submits that a sum of Rs.7,350/- was paid towards interest on excess amount of Rs.2,10,000/- at prescribed rate of interest @3.5 % p.a. from 24.02.2010 to 24.02.2011 through a cheque and the joint MIS account No.8346 was converted into a single MIS account for the deposited amount of Rs.4,50,000/-. Further the 2nd opposite party states that as the joint account No.8346 was converted into single account the complainant was allowed to withdraw the monthly interest of Rs.3,000/- on Rs.4,50,000/- from 24.02.2010. Further the 2nd opposite party submits that MIS accounts means monthly interest scheme, hence, interest will be paid to the complainant only for a period of month but not for a part of period of a month. Further the 2nd opposite party submits that the entire amount of excess deposited of Rs.2,10,000/- along with interest of Rs.7,350/- and Rs.36,000/- being the monthly interest on single MIS account on the deposit of Rs.4,50,000/- has been paid to the complainant and there is no such provision to pay the MIS interest on the amount in excess of the prescribed limit. Hence, there is no deficiency of service on the part of the opposite parties 1 & 2 and the complaint is liable to be dismissed.
5. The 1st opposite party filed a memo adopting the counter filed on behalf of the 2nd opposite party.
6. Basing on the above pleadings, the following points that arise for consideration are:-
i) Whether there is any deficiency of service on the part of the opposite party
ii) To what relief?
7. In order to prove the case of the complainant, the complainant has filed evidence on affidavit and marked Ex.A1 to A6 documents. On behalf of the opposite parties 1 & 2, the opposite parties 1 & 2 not filed evidence on affidavit and no documents marked on behalf of the opposite parties 1 & 2.
8. Heard complainant side.
9. POINT NO 1:- The case of the complainant is that he and his son opened MIS account in the 2nd opposite party sub-post office, Anantapur on 05.11.2009. On the same day they have deposited a sum of Rs.6,60,000/- in the joint account No.8346 in the 2nd opposite party branch and the interest is @ 8% p.a. on the said amount is credited into the account on monthly basis. Subsequently the complainant’s son S.Anantha Venkatesh joint account holder died in a road accident on 24.02.2010. The death of S.AnanthaVenkatesh was informed to the 2nd opposite party through a letter dt.17.04.2010 and requested to return the total amount to the complainant with up to date interest by submitting the claim forms along with original pass book and a copy of death certificate.
10. On 11.02.2011 the complainant received a letter from the 2nd opposite party regarding the payment of excess amount of Rs.2,20,000/- is only refundable to the complainant . After death of the 1st account holder and the remaining amount will be kept in a single account in the name of the complainant only. On 25.02.2010 the complainant withdrew the amount of Rs.2,10,000/- + Rs.7,350/- being the interest amount for the period from 24.02.2010 to 24.02.2011 @ 3.5 % p.a. As per the arguments of the complainant counsel the complainant ought to have received interest at the contract rate as per the terms of the opposite party. But the 2nd opposite party has paid only interest @ 3.5% p.a. on the said amount. As the opposite party did not pay the interest at the contract rate on the said amount of Rs.2,10,000/- the complainant filed this complaint against the opposite parties as there is deficiency of service with regard to the payment of the interest. Further the complainant claimed an interest at the rate of 8% p.a. for the period from 05.02.2010 to 24.02.2010 on Rs.2,10,000/- and it amounts to Rs.933/- and the said amount also is not paid by the 2nd opposite party. Hence, there is deficiency of service on the party of both parties.
11. After hearing the arguments of the counsel for complainant and perusing the documents submitted by the complainant it is evident that the complainant has deposited a sum of Rs.6,60,000/- in the joint account. Subsequently after the death of the 1st account holder a sum of Rs.2,10,000/- was received by the complainant along with interest of Rs.7,350/-. After that the said account was converted into single MIS account for a sum of Rs.4,50,000/- and the monthly interest of Rs.3,0000/- on Rs.4,50,000/- was credited into the said account. Interest of Rs.3,000/- per month for the period from 24.02.2010 to 24.02.2011 (i.e., 3000x12 = 36,000/-) has been received by the complainant.
12. Though the complainant has field Ex.A1 document which is Xerox copy of the joint pass book account there is no any terms and conditions in the said document filed by the complainant. Hence, there is no proof with regard to the rate of interest per annum and without any evidence the rate of interest cannot be ascertained.
13. And even as per Ex.A4 document which is the reply given by the 1st opposite party clearly establishes that as per the ruling 168(9) of POSB manual, Vol-I compiled by Sri Kawal Jit Singh, which states that:
“ If one of the depositors of a MIS account dies, the account will be treated as single account in the name of the surviving depositor from the date of death of the said depositor. When a report to this effect is received in the post office, the PM/SPM will ask the surviving depositor to withdraw the excess amount in excess of the limit prescribed for single depositor as this amount will carry interest at the rate of post office savings account from the date of death of the joint depositor. The MIS interest already paid on this excess amount will be recovered or adjusted. The account will be converted into single account. In the above circumstances we are of the view that there is no deficiency of service on the part of the opposite parties. Hence, this complaint is dismissed.
14. In the result the complaint is dismissed without costs.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 3rd day of October, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT:
NIL
ON BEHALF OF THE OPPOISITE PARTY
-NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 photo copy of monthly income scheme pass book issued by the
2nd opposite party in favour of the complainant.
Ex.A2 Photo copy of death certificate relating S.Anantha Venkatesh.
Ex.A3 Letter dt.17.04.2010 sent by the complainant to the 2nd opposite party.
Ex.A4 Letter dt.10.02.2011 issued by Superintendent of Post Office, Anantapur
to the 2nd opposite party.
Ex.A5 Office copy of legal notice dt.07.03.2011 got issued by the complainant to
the 2nd opposite party.
Ex.A6 Letter dt.12.04.2011 sent by the Superintendent of Post Office,
Anantapur to the complainant.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES
NIL
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
