BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC.No. 38/2013.
THIS IS THE 22nd DAY OF NOVEMBER 2013
PRESENTS
1. Sri. Prakash Kumar, BA.LLB PRESIDENT.
2. Sri. Gururaj, B.Com. LLB. MEMBER.
3. Smt. Pratibharani hiremath BA.LLB (Sanskrit) MEMBER.
COMPLAINANT : Narayanarao S.E. Advocate, H.No. 811-
15/27, “Shanti Nilaya” Neelakanteshwar Nagar, Raichur- 584 103.
RESPONDENTS : 1. The Superintendent of Post Offices,
Raichur Division, Raichur- 584 012.
2. The Sub Post Mast5er, Sath Kacheri Post Office, District Court Complex, Raichur- 584 101.
3. The Post Master General, North Karnataka Region, Dharwad- 580 001.
Date of Institution : 10-06-2013.
Date of Disposal : 22-11-2013.
Complainant represented by Sri. S.E. Narayanrao, Advocate.
Respondent Nos-1 & 2 represented by Sri.C. Raghavendra, Advocate.
Respondent No-3 Ex-parte.
ORDER
By Sri. Prakash Kumar, President:-
The complaint is filed by the complaint against the Respondents U/sec. 12 of Consumer Protection Act 1986.
The complaint in brief is that, the complainant is having SB Account with Respondent No-2. As on 02-03-2012 the pass book of the said account was showing the balance of Rs.78,161/-. After this the complainant deposited the amounts of Rs. 3,000/- on 03-03-2012, Rs. 2,000/- on 31-03-2012, Rs. 1,500/- on 12-04-2012, Rs.5,000/- on 18-05-2012 and Rs.2,536/- was added to the said account as interest for the year 2011-12 and therefore the total in the account stood at Rs.92,197/- which is not in dispute. The Respondent No-2 is working under the control of Respondent No-1 and Respondent No-3 is their superior and the complainant on 25-05-2012. Further deposited of Rs.3,000/-, on 02-06-2012 deposited of Rs.3,000/-, on 20-06-2012 deposited of Rs.1,500/-, on 19-07-2012 deposited of Rs.3,000/-, on 13-08-2012 deposited of Rs.3,500/-, on 06-11-2012 deposited of Rs.5,000/- and therefore the balance stood at Rs.1,14,167/-. Respondent No-1 requested the complainant to surrender the pass book to calculate interest for new year and the complainant in good faith, handed over it on 02-01-2013. When he received back the pass book he was utterly shocked and surprised on seeing the alternations in balance column in the pass book and there was mis-appropriation of Rs.3,000/- in the account. In this regard the complainant wrote a letter addressed to Respondent No-1 with a request to refund of Rs.3,000/- mis-appropriate by Respondent No-2. But it was in vain. No reply was received to the said letter. Therefore the complaint seeking reliefs as prayed for.
3. On service of notice the Respondent No-3 remained absent and was placed Ex-parte.
4. The Respondent No-1 & 2 appeared through their counsel and filed the written version stating that the complaint is not maintainable either in law or on facts. The contents of Para-1 of the complaint to the extent of the complainant having SB Account with Respondent No-2 is true. But by mistake and oversight the Respondent No-2 has shown the opening balance as Rs. 78,161.45=00 instead of Rs.75,161.45 on 02-03-2012 at the time of issue of fresh pass book in lieu of old used up pass book. The deposits made on 03-03-2012, 13-03-2012, 12,04-2012 and 18-05-2012 are not disputed. After the deposit of Rs. 4,000/- on 17-02-2012 total balance in the account as on 17-02-2012 was Rs.75,161.45/-. Thereafter on 03-03-2012 the complainant made a deposit of Rs.3,000/- in the fresh pass book taking the balance to Rs.78,161.45=00. The mistake in the fresh pass book issued by Respondent No-2 continued unnoticed. Hence the contention of the complainant that the balance of Rs.78,161/- shown as opening balance in the fresh pass book is undisputed, is not correct. The complainant is taking undue advantage of the clerical error committed by Respondent No-2 in the rush of work. The contents of Para-2 of the complaint is incorrect. The pass book was not sent to the Head post office Raichur for adding interest, as contended by the complainant. As per information received from HPO, Raichur. Respondent No-2 has entered the interest of Rs.2,536/-. The pass book is not required to be sent to HPO for entry of interest in the pass book. Since the brought forward balance has been wrongly made as Rs.78,161.45/- instead of Rs.75,161.45/- and continued unnoticed the Respondent No-2 has made the balance as Rs.92,197.45/- instead of Rs.89,197.45/- after adding interest for the year 2011-12. The contents of Para-3 of the complaint needs no reply. The contents of Para-4 of the complaint is incorrect. As the opening balance in the 3rd pass book issued by Respondent No-2 was wrongly mentioned as Rs 78,161.45=00 instead of Rs.75,161.45=00. The correct balance as on 15-12-2012 was Rs. 1,11,197.45/-. The contents of para-5 of the complaint is denied. Since an error entry had been received from HPO Raichur about discrepancy in balance in the account of the complainant, he was requested to send the used up and fresh pass book for verification. But the complainant did not present used pass book for verification. On verification of the transactions carefully. It came to know that while issuing and fresh pass book on 02-03-2012 the opening balance was wrongly mentioned as Rs.75,161.45=00. Hence the corrections made in the new pass book and the complainant was informed about it accordingly. Respondent No-1 had given reply to the letter sent by the complainant. The contents of para-7 of the complaint are denied. The contents of para-8 of the complaint has no relevancy to the facts of the case. There is no deficiency in service on the part of the Respondents. There is no mis appropriation of the government money. It is only an unintentional clerical error committed unnoticed. The contents of para-9 of the complaint are far away from truth. There is no cause of action to file the complaint. Hence the complaint be dismissed to meet the ends of justice.
5. Complainant to prove his case filed his affidavit which is marked as PW-1 and relied on three documents which are marked as Ex.P-1 to Ex.P-3. The Respondent No-1 to prove his case filed his affidavit which is marked as RW-1and relied on five documents which are marked as Ex.R-1 to Ex.R-5.
6. Arguments heard on complainant’s side.
7. The points that arise for our consideration are:
1. Whether the complainant proved deficiency in service on the
Part of the Respondents against him?
2. Whether the complainant is entitled for the reliefs prayed for?
3. What order?
8. Our answer on the above points are as under:
1) In the affirmative.
2) Partly in the affirmative.
3) As per final order:
REASONS
POINT No.1
9. There is no dispute with regard to the complainant having SB Account with the Respondent No-2. There is also no dispute with regard to the alternations made in the new pass book issued to the complainant as well as the entries of the balance amount made in the pass book.
10. It is the case of the complainant that when he received back the pass book from the Respondent No-2 he was utterly shocked on seeing alternations made in the balance column of the pass book and due to the said alternations the amount stood in the account of the complainant was lesser by Rs.3,000/- than it should have been.
11. The original pass book is perused as well as the xerox copy of the same which is marked as Ex.P-1 and it is found that the entries of the balance made from 03-03-2012 till 15-12-2012 were over written and alternations made. As on 15-12-2012 The balance originally stood at Rs.1,14,199/- and thereafter it was found altered as Rs.1,11,199/- All these alternations made in the pass book is not disputed by the Respondents. For the alternations made by them the Respondents 1 & 2 gave explanations stating that by mistake and oversight the Respondent No-2 has shown the opening balance in the new pass book as Rs.78,161/- instead of Rs.75,161.45/- on 02-03-2012 at the time of issue of fresh pass book in lieu of old pass book and after the deposit of Rs. 4,000/- on 17-02-2012 the balance in the account of the complainant stood at Rs. 75,161.45=00 and on 03-03-2012 on deposit of Rs.3,000/- the balance stood at Rs.78,161.45/- and as this mistake in the fresh pass book issued continued unnoticed. When it was noticed the Respondent No-2 made the balance as Rs.92,197.45/- instead of Rs. 89,197.45 after adding interest for the year 2011-12. But this explanation given by the Respondents is found not tallying with the entries made in the pass book from 03-03-2012 till 15-12-2012. As per the original entry made on 03-03-2012 the balance stood at Rs. 81,161/- and it was altered to Rs.78,161/- and in this manner of the entries were found altered and on 15-12-2012 the original entry stood at Rs.1,14,199/- and thereafter it was altered to Rs.1,11,199/-. Therefore the explanations given by the Respondents for the alternations made in the pass book by them is found un-acceptable and not satisfactory. If they had wrongly made entries in the pass book due to alleged oversight and mistake the inefficiency on their part is apparent on the face of it which amounts to deficiency in service on their part for which they are liable to compensate the complainant. Accordingly this point is answered in the affirmative.
POINT NO.2:-
12. As the complainant has proved deficiency in service on the part of the Respondents they are liable to compensate to the complainant for the same along with cost of the proceedings which shall be as per final order. Accordingly, we answer this point partly in affirmative.
POINT NO.3:-
13. As per order below:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to recover sum of Rs.10,000/- from Respondents towards deficiency in service.
The complainant is also entitled to recover sum of Rs.1,000/- towards cost of the proceedings from the Respondents.
Respondents are given one month time from the date of this order for making payment of the above said amount.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 22-11-2013)
Smt.Pratibha Rani Hiremath Sri. Gururaj Sri. Prakash Kumar
Member. Member. President,
District Consumer Forum Raichur. District Consumer Forum Raichur. District Consumer Forum Raichur.
