Complaint filed on: 03-03-2016 Disposed on: 27-10-2016
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No. 43/2016
DATED THIS THE 27th DAY OF OCTOBER 2016
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
G.Sreepathi,
Aged about 53 years,
S/o. Late H.Ganapathi Pandith, R/o. Sri Ramashraya,
4th Main Road,
Shivamookambika Nagara,
S.S.Puram Post,
Tumakuru-572 102
(In-person)
V/s
Opposite parties:-
- The Superintendent of Post,
Office of the Superintendent of
Post office, Gandhinagara,
Tumakuru-02
- The Branch Post Master,
Tumakuru City post office,
Barline Road, Tumakuru-01
(OPs No.1 and 2 by Sri.H.S.Raju-Advocate)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint was filed this complainant against the OPs No.1 and 2, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OPs No.1 and 2 to pay Rs.48,000=00 along with bonus and interest @ 12% p.a. till the date of making payment and to pay compensation of Rs.25,000=00, cost of Rs.15,000=00 and cost of Rs.5,000=00 to the complainant.
2. The brief facts of the complaint is as under.
The complainant is having Monthly Income Scheme Account with 2nd OP vide its No.1077127898 which was opened on 7th January 2010 by depositing Rs.48,000=00 and the date of maturity is on 7th January 2016. The 2nd OP has paid 8% interest monthly on the above said amount i.e. 320=00 per month.
The complainant further submitted that, the maturity of the said M.I.S. Account was on 7th January 2016 and for the same, the complainant has approached the 2nd OP on 7th January 2016 and on that day, the transaction hours was over and again on 8th January 2016, the complainant presented the M.I.S. Account Pass book along with Challan. On the said date, due to negligence of the 2nd OP, instead of issuing maturity amount along with bonus and one month interest, the 2nd OP have paid only interest of one month i.e. 320=00, for that month along with new pass book i.e. continuation pass book which is not necessary for 2nd OP to issue instead of making payment of deposited amount.
The complainant further submitted that, on 9th February 2016, the complainant has approached the 2nd OP and himself reminded them to check the status and later the 2nd OP issued Closure Form (SB-7A) in respect of his M.I.S. Account No.1077127898 and instructed him to submit the same after signature. The 2nd OP has refused to pay interest on his deposited amount upto date. Due to this act, the complainant has lost interest on the deposited amount of Rs.48,000=00 from 7-1-2016 i.e. Rs.10.50 per day without his fault. It is very clear that, even after maintaining accounts with the system, the 2nd OP has failed to ascertain the date of maturity and not issued maturity cheque on due date.
Further in respect of MIS account No.1077128017 which is due for payment on 8-2-2016 for Rs.48,000=00 plus interest, the 2nd OP has issued cheque on 12-2-2016 (dated 10-2-2016) and the same was credited to his account on 15-2-2016 there is a delay of 7 days and with this the complainant has lost interest around Rs.85=00. For the same the complainant has received the cheque from 2nd OP under protest, except amount of interest for late payment.
The complainant further submitted that, the complainant has issued a legal notice to both OPs. Even after receipt of the same, they have failed to give reply nor not made the payment along with interest. Hence, the complainant has come up with the present complaint.
3. After service of the notice, the OPs No.1 and 2 have appeared through their counsel and filed common objections, contending interalia as under.
The averments made in the Para no.1 and 2 of complaint are correct. It is further submitted that, the complainant visited the Tumakuru city post office after transaction hours on 7-1-2016 is totally false. Only on 8-1-2016 the complainant attended the post office and submitted application for withdrawal of monthly interest in respect of his M.I.S. Account No.1077127898. The duration of the account was completed and the complainant had to apply for closure of the said M.I.S. Account and also was clearly informed that, the account will not fetch monthly interest for next coming months. The complainant did not intend to close the account immediately and it was his prerogative to close the account when he wishes so. As there is no sufficient space available in the old PB to make entries, hence for convenience of the complainant and based on his earlier legal notice dated 21-12-2015 the FPB was issued by making necessary entry of withdrawal of interest on 8-1-2016 and there is no negligence on the part of the OPs.
It is further contended that, on 9-2-2016 the complainant presented the withdrawal application for the interest of the said account is false. The complainant’s account stood matured on 7-1-2016 and he is not entitled for any further interest for the said MIS account. The complainant is not entitled for monthly interest, when account stands matured he should not apply for withdrawal of interest. When the complainant arrived his account had matured on 7-1-2016, the complainant should have submitted the closure form (SB-7A) to close the said account. When the 2nd OP clearly informed that, the complainant’s account will not fetch interest anymore, the complainant only did not intend to close the account. The OPs submitted that, unless the account holder applies for closure of the account there is no power to close the account suo-moto.
It is further submitted that, the complainant’s MIS account No.1077128017 matured on 8-2-2016 and also it was due for last monthly interest. The complainant did not come to the post office on 8-2-2016, but the complainant come on 9-2-2016 at 10-30 a.m. hours and applied for monthly interest and it was paid to him. The complainant was also asked to apply for closure of the account. The 2nd OP explained to complainant if he has SB account in the post office the amount will be credited to his account immediately. It was also conveyed to the complainant that, if he did not have SB account, it would take two days to get the cheque for the amount issued from the Postmaster, Tumakuru HO. The complainant replied that, he did not have SB account and he will not be open the SB account and he would receive the cheque only. The complainant took the interest payment and left the office without applying for the closure. However, the complainant attended the office again on the same day at about 1700 hrs and submitted application for closure. The 2nd OP took immediate action to get the cheque issued and the Postmaster was addressed on 9-2-2016 to issue the cheque and issued the cheque on 10-2-2016 and the cheque was received at Tumakuru city post office on 11-2-2016 through account bag. On 11-2-2016 the complainant did not attend the office to get the cheque, but he attended the office on 12-2-2016, immediately the account was closed and the cheque was delivered to him and no delay of any sort by 2nd OP. Thus there is no deficiency of service, though the alternative mode was suggested, the complainant intentionally chosen to get the cheque only.
It is further submitted that, the complainant has filed this case unnecessarily without any reason, as the complainant has not applied for closure for his MIS account, though the MIS account was matured on 7-1-2016. The 2nd OP is not empowered to close the account, so the question of deficiency of service does not arise, but undergone mental agony is totally false and fabricated. Whenever the complainant attended the post office, he has been extended with utmost respect and rendered maximum service by the 2nd OP; hence it is prayed to dismiss the complaint with cost.
4. Both parties have filed their affidavit evidence. The complainant marked the documents at Ex-P1 to P5. The 2nd OP has produced one document. We have heard the arguments of both parties and perused the documents and posted the case for orders.
5. Based on the above materials, the following points will arise for our consideration.
- Whether there was deficiency in service on the part of the OP Nos.1 and 2 as alleged by the complainant?
- What Order?
6. Our findings on the above points are;
Point no.1: In the Negative
Point no.2: As per the final order below.
REASONS
7. On perusal of the pleadings and evidence, it is an admitted fact that, the complainant is having two different MIS account in the 2nd OP office. The MIS account bearing No.107712898 and 107712817 and they would be matured on 7-1-2016 and 8-2-2016 respectively.
8. The contention of the complainant is that, with regard to MIS account No.1077127898, the complainant approached the 2nd OP office on 7-1-2016 again on 8-1-2016 along with pass book and challan. The 2nd OP instead of issuing the maturity amount, the 2nd OP had paid interest of one month i.e. Rs.320=00 and issued new pass book on 8-2-2016 the complainant went to check the status of MIS account no.1077127998, the 2nd OP had issued closure form only i.e. SB-7A and the 2nd OP instructed the complainant to submit the same after signature, hence the complainant lost interest of one month i.e. Rs.10.50 per day.
9. On the contrary, the OPs have submitted that, the complainant had not submitted the closure form (SB-7A) or letter with regard to MIS account bearing No.1077127898. The OPs further submitted that, the OPs have no power to close the MIS account without having accepted closure form i.e. SB-7A from the complainant.
10. On perusal of the pleadings and evidence, nowhere in the complaint copy or his evidence the complainant sated that, the complainant had submitted SB-7A form after signature to the 2nd OP office. Further the complainant has not produced any documents to show t hat, the complainant had intended to close the MIS account No.1077127898. Hence there is no deficiency on the part of the OPs with regard to MIS account no.107712798, except for making statement that, the OP did not give the maturity amount, no documentary evidence has been produced by the complainant.
11. Further, the complainant having received the closure form i.e. SB-7A on 8-2-2016 did not resubmit the same after signature. The OPs cannot take any unilateral decision to close the MIS account after its maturity on its own. Hence, in the absence of any document, the statement made by the complainant cannot be accepted.
12. Further, with regard to MIS Account No.1077128017, the complainant had alleged that, the above said MIS account matured on 8-2-2016 for Rs.48,000=00 plus interest, the 2nd OP had issued cheque on 12-2-2016 and the same was credited to his account on 15-2-2016, hence there is a delay of seven days, hence, the complainant had lost interest around Rs.85=00. On the contrary, the OPs had submitted that with regard to MIS account No.1077128017 the complainant did not come to the post office on 8-2-2016, but the complainant come on 9-2-2016 at 10.30 a.m. and applied for monthly interest and it was paid to them and the complainant was asked to apply for closure his account. The 2nd OP has explained to the complainant that, the amount will be credited to his account immediately if he had SB account in the post office. If at all the SB account was not there, it would take two days to get the cheque. But the complainant had replied that, he is not having SB account and that he will not open SB account and that he will receive the cheque only. Further OPs submitted that, the cheque was ready on 10-2-2016, the complainant had not come to post office on 11-2-2016, but he came on 12-2-2016, immediately the cheque was delivered to the complainant.
13. In respect of MIS account No.107712817 since the complainant did not have any SB account in the 2nd OP branch office. The maturity amount was not deposited immediately after its maturity on 8-2-2016. Therefore, the 2nd OP had issued a cheque on 12-2-2016 which was credited to his account on 15-2-2016. Based on the evidence produced by both the parties, it is clear that, the MIS account No.107712817 matured on 8-2-2016. Further the complainant visited the 2nd OP office on 9-2-2016. Thereafter, the cheque was kept ready by 10-2-2016 and since the complainant did not receive the cheque on 11-2-2016 and it was received by him on 12-2-2016 and it was credited to his account on 15-2-2016. Hence in the sequence of events furnished by the complainant and the 2nd OP, there is no delay committed by the 2nd OP. The complainant has averred that, due to the delay of 7 days, he has lost interest for Rs.85=00 is unsustainable. Therefore, we do not accept the contention of the complainant.
14. The material evidence placed by complainant to prove negligence and deficiency of service as against the OPs is bald, vague and speculative and accordingly we are inclined to come to straight conclusion that the complainant who comes to forum seeking relief has utterly failed to prove with believable material evidence that the OPs are negligent and there is deficiency of service on the part of the OPs in claiming the interest amount and accordingly, the complaint is not sustainable. In the result, for the foregoing reasons, we proceed to pass the following order:
ORDER
The complaint is dismissed. No cost.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 27th day of October 2016).
MEMBER MEMBER PRESIDENT
