Complaint filed on: 08-02-2017                                                     Disposed on: 23-08-2017

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.13/2017

DATED THIS THE 23^rd DAY OF AUGUST 2017

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SMT.GIRIJA, B.A., LADY MEMBER

Complainant: -

G.Sreepathi,

S/o. Late H.Ganapathi Pandith, R/o. Sri Ramashraya,

4^th Main Road,

Shivamookambika Nagara,

S.S.Puram Post,

Tumakuru-572 102

(In-person)    

V/s

Opposite parties:-    

1. The Superintendent,

Superintendent of Post office,

Gandhinagara,

Tumakuru-02

2. The Post Master,

Main post office,

Behind court complex,

Kere kodi circle, Tumakuru-1

3. The Branch Post Master,

Tumakuru City post office,

Barline Road, Tumakuru-01

(OPs No.1 to 2 by Sri.H.S.Raju-Advocate)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint was filed this complainant against the OP No.1 to 3, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP No.1 to 3 to pay Rs.49,500=00 along with bonus and calculate the interest as per MIS account from 20-12-2016 to till the date of payment and to pay compensation of Rs.15,000=00, damages of Rs.15,000=00 and expenses of Rs.10,000=00 in total Rs.40,000=00 to the complainant.

2. The brief facts of the complaint is as under.

          The complainant submitted that, the complainant had made transferred his MIS account from 2^nd OP office to the 3^rd OP office on 28-1-2014. The OP No.3 had given new number as 92331 and thereafter the 3^rd OP has changed the account number as 1077130157. The complainant submits that, the 3^rd OP was paying monthly interest amount of Rs.330=00 to the complainant every month from 21-1-2014.

          The complainant submitted that, on 20-1-2017, when he went to OP No.3 office to draw the interest. The 3^rd OP had not paid interest, bonus and deposited amount to the complainant. Further, the OPs have not stated that, they will pay the interest, bonus and deposited amount to the complainant in the letter. The complainant further submitted that, the OPs have not mentioned the closing date and maturity date on the pass book and the OPs have also not informed the maturity date to the complainant.  Due to this negligent act of the OPs, the complainant had lost interest. The complainant further submits that, Form SB-7 is not necessary to file before the OPs office for withdrawal of the amount till today, the complainant has not given any SB-7 Form for withdrawal of the deposited amount. Hence, the complainant issued legal notice on 23-1-2017 to the OPs requesting them to pay deposited amount along with interest. The OPs have failed to pay the amount. Hence, there is negligence and deficiency in service on the part of the OPs. Hence, the complainant has come up with the present complaint.

3. In response to the forum notice, the OP No.1 to 3 have appeared through his counsel and filed common objections, contending interalia as under.

The OPs submits that, the complainant got opened a monthly income saving account on 20-12-2010 at Tumakuru head office through SAS agent by name Smt.Sarala. At the time of opening MIS account, the said agent has explained the terms and condition of the MIS account and the same was agreed by the complainant.

The OPs further submits that, on the date of opening the account, the complainant was given pass book by the head office, Tumakuru bearing MIS account No.108130 wherein the details of the date of opening of the account and date of maturity of the account is duly furnished and further the agent was also informed of the same.

The OPs further submitted that, the complainant used to place the said pass book at the time of drawing monthly accrued interest. Further, at the instance of the complainant, a fresh pass book was also issued for more entry regarding the interest paid on the account. As such, the said pass book issued against the account no.108130 contains all information.

The OPs further submitted that, when the complainant visited the Tumakuru city post office to get the last installment of interest, he was specifically informed about the maturity and due date for closure of the account. The complainant negotiated but the OP reacted in blunt manner. It is the prerogative on the part of the account holder to close the account when it is attained maturity and further the account will not fetch interest after the maturity date.

The OPs further submitted that, unless and until on request made by the account holder, the account cannot be closed by the post office of its own. The complainant had closed the similar account on previous occasions with clear cut information about maturity and closure date of the accounts. The complainant had made planned investment through authorized agent and as such he had absolute knowledge about the account and its terms and conditions including its opening and maturity date as contained in the pass books. Hence, there is no deficiency of service on the part of the OPs. Hence it is prayed to dismiss the complaint with cost.

4. In the course of enquiry into the complaint, the complainant and OPs have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant has produced documents, which were marked as Ex-C1 to C6.  The OPs have produced two documents. We have heard the arguments of both parties and perused the documents produced by both parties and posted the case for orders.

5. Based on the above materials, the following points will arise for our consideration.

1. Whether there is deficiency in service on the part of the OP No.1 to 3 as alleged by the complainant?
2. What Order?  

6. Our findings on the above points are;

          Point no.1: In the affirmative

          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 monthly income scheme account (MIS account) bearing no.1077130157 in the OPs post office. It is also admitted fact that, he has opened an MIS account on 20-12-2010.

          8. The contention of the complainant is that, on 20-1-2016, he went to draw the interest amount, but the OPs have not paid the interest, bonus and deposited amount to the complainant and the OPs have not stated, they will pay the interest and bonus amount to the complainant and the OPs also have not mentioned in the pass book closing date of the MIS account. Hence, there is negligence and deficiency in service.

          9. Per-contra, the OPs submitted that, at the time of last withdrawal of the interest, the OPs have informed the complainant about the maturity date/closing date of the account. The OPs further submits, only until the account holder applies for closure of the account. The account cannot be closed by the OPs of its own.

          10. On perusal of the pass book produced by the complainant/Ex-C1 and C3, it is clearly shows that, the opening of the MIS account date is mentioned, but closing of the account/maturity date is not mentioned. Hence, it amounts to gross negligence and deficiency in service on the part of the postal authority.

          11. The OPs in the reply letter dated 31-1-2017 has mentioned that, the account holder has to apply for closure of account. The OPs have no power to close the account suomto  When the OPs have not mentioned the maturity date in the pass book, the OPs cannot accept the customer/complainant to approach the OPs to apply for the closure form. If the date of closure of the account is not mentioned clearly, it is difficult for any customer to apply for closure of the account. Since, the date of closure of the account will not be within the knowledge of the customer/complainant.

          12. The OPs being statutory authority under the central government has a statutory duty couple with an obligation to serve the customers. In the instance case, the complainant has been made to suffer without informing closing date of the MIS account hence the complainant has lost his interest from 20-12-2016. Hence, we are of the considered view that, there is deficiency on the part of the OPs. Accordingly, we answer the point No.1 in the affirmative. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

          The complaint is allowed with cost and compensation of Rs.4,000=00.

          Further, the complainant is directed to apply for closure of the account within 7 days from the date of receipt of this order. The OPs shall settle the same within an outer limit of 20 days from the date of receipt of application. The OPs shall be liable to pay interest from the 20-12-2016 till the date of realization at the rate of 9% per annum.

          The above order should be complied within 30 days from the date of this order.

          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 23^rd day of August 2017).

LADY MEMBER                                                   PRESIDENT