IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Sri P.Das
Member
District Consumer Disputes
Redressal Forum, Sonitpur
Smti S.Bora
Member
District Consumer Disputes
Redressal Forum,Sonitpur
CONSUMER COMPLAINT NO.17/2008
1.Sri Baisor Mili on behalf of
Buddhadev Prasad Mili : Complainants
S/o Tikra Mili
Resident of Vill: Present resident of near Cole Park
C/o Kajal Mahanta
P.O & P.S: Tezpur
Dist: Sonitpur,Assam
Vs.
Union of India. Deptt of Post Reptd by: : Opp. party
1.The Chief Postmaster General, Assam Circle, Guwahati-1
2.The Superintendent of Post offices Nagaon Divn., Nagaon.
3.The Postmaster, Nagaon Head Post Office
4.The Postmaster,Branch/Sub Post office,Burhachapori
Dist: Sonitpur,Assam
Appearance:
Sri Pramod Ch. Sarmah,Adv : For Complainant
Smt Sewali Das, Asstt.Govt. Pleader : For Opp. party No.1
Date of argument : 18-06-2016 & 06-08-2016
Date of Judgment : 08/08/2016.
J U D G M E N T
- The facts, leading to the complaint, in brief, are that the Complainant Sri Baisar Mili, during his service as Forest Guard at Burhachapori, on 26-03-2002 opened a R/D account bearing No.192893 with the Burhachapori branch of Postal Department (hereinafter as Opp. party No.4) in the name of his minor son Buddhadev Prasad Mili on a monthly subscription of Rs.1500/- to be contributed for sixty months with the date of maturity of the account on 26-03-07. The entries of monthly deposits were accordingly made in the Pass Book of the account by the said branch Office of the opp. parties upto 30-10-06. In the month of November, 2006, the Pass Book was sought custody of by the Opp. party No.4 on the plea that the same need to be sent to Head Post Office, Nagaon district for certain correction in the entries. Complainant, allegedly on good faith and trust, handed over the same to the Opp.party No.4, however, after retaining photocopies of the cover page, 2nd and 3rd page and last entry made upto 30-10-2006, of the Pass Book. Subscriptions for the months of November & December, 2006 and for January & February,2007 were deposited with the opp. party No.4 under assurance by the then Post Master of the Opp. party No.4 to make necessary entries of the deposits so made as and when the Pass Book is returned to the opp. party No.4 by the Head Post Office, Nagaon. But opposite parties, having failed to pay the maturity proceeds of the R/D account due on 26-04-07 and all the efforts made by the Complainant to secure the same from the opposite parties, been in vain, therefore, finding no other way out, he served pleaders notices on the opposite parties on 25-01-2008 under registered post through his Advocate Mr P.C.Sarmah, which were duly received by all the opp. parties. Yet the same being un-responded, hence, the instant complaint before this Forum, praying relief to a total tune of Rs.1,91,000/- under different heads as shown under the complaint petition along with interest @8% per annum w.e.f the date of award of the Forum upto the date of full and final realization of the award.
- Opp. parties collectively contested the case by filing a written statement. Save and except the R/D account in question, opp. parties virtually denied the entire averments under the complaint and of any deficiency on its part in their written version, while contending thereunder that subscription to the account was made upto the month of January, 2004, with the last date of transaction as 12-04-04 and that the total balance against the account stood at Rs.34,500/- and not at Rs.84,000/- as claimed by the Complainant and that too, the said amount of Rs.34,500/- was sought for withdrawal by the Complainant enclosing the original Pass Book of the account vide Annexure ‘A’ dated 23-07-2007. That the photocopies of pages 22 and 23 showing balance of Rs.84,000/- are not copies of the original Pass book and the same are manipulated and aimed at unfair gain. That Complainant having subsequently submitted photocopies of pages 22 and 23 showing such controversial amount of Rs.84,000/- instead of Rs.34,500/- already sought for final withdrawal on 23-07-07 to the Sub Post Master, Ambagan, under whose superintendence the Opp. party No.4 functions, so under such circumstances, the Sub Post Master, Ambagan, could not settle the matter of payment despite the date of maturity of the R/D account been due on 26-03-07. And that the claimed amount of Rs.90,000/- is imaginary. With the above contentions in main, the opp. parties have prayed for dismissal of the complaint.
- Complainant tendered his evidence-in-chief on affidavit exhibiting several documents thereunder. Opp. parties adduced the evidence of its Inspector of Post (PF) Nagaon Postal Division, through affidavit. Witnesses on both sides faced cross-examinations.
We have carefully scrutinized the materials on record.
4. POINTS FOR DETERMINATION
(i)Whether there was deficiency in service on the part of the opposite parties?
(ii)Whether the Complainant is entitled to get any relief in this case ?
DECISION WITH DISCUSSION
5.POINT NO.(i): There is no dispute that the Complainant Sri Baisar Mili operated Recurring Deposit A/c No.192893 at Burhachapori Branch office for and on behalf of his minor son Sri Budhadeb Prasad Mili.
6. Through his evidence on affidavit, Sri Baisor Mili has clearly proved what have been alleged in the complaint. It is the case of the Complainant that in the month of November, 2006 the Pass Book of R/D account was taken away by the opposite party No.4 from the Complainant on the plea that the same was required to be sent to the Head Post office at Nagaon for correction of entries as there were some errors in the Pass Book. At the time of handing over the Pass Book, the Complainant retained photocopies of front two pages and another page containing last entry made upto 30-10-2006. Complainant has exhibited the photocopy of said pages as Ext-1 . The opposite party on the otherhand has exhibited the Pass Book in original as Ext-A. We have compared the photocopy of front two pages of Ext-1 with Ext-A and the same are found to be copied from the original. Only disputed part is the photocopy of the page containing entries of monthly deposit made upto 30-10-2006. The disputed page contains entries from June, 2006 to 30-10-2006.
7. The opposite party claimed that the Complainant deposited monthly subscription to the month of January, 2004 and last transaction was made on 12-04-2004. The balance in the R/D account as per entry in the Pass Book was Rs.34,500/- only and the Complainant on 23-07-07 by submitting withdrawal application, withdrew the total balance amount of Rs.34,500/-.Subsequently, the Complainant came with the photocopy of page No.22 and 23, showing balance of Rs.,84,000/- only.
8. Such claim of the opposite party is found to be belied by Ext-A. A simple scrutiny of Ext-A, shows that four entries, i.e, for the month of October, 2003, November, 2003, December, 2003 and January,2004 were made on 12-04-2004. Ext-A shows further entry for the month of February, 2004 and March, 2004. Both the entries were initially made on 12-04-2007 and subsequently cancelled with endorsement dtd 12-04-04 (sic). But surprisingly Ext-A, fails to contain any Closure Note of R/D account and withdrawal of Rs.34,500/- as claimed by the opposite party. Why no such mandatory entries are there in the Ext-A ? Nowhere the opposite parties shave given any clarification or answer to such question.
9. On the otherhand, on a simple comparison of the entries of Ext-A with the entries of Ext-1, without any scientific aid, one would definitely find oneself in comfortable position to opine that handwritings of entries made in both Ext-1 and Ext-A are same and similar.
10. Here in the instant case, entire allegation is against the then Postmaster of Burhachapori Post Office. He is the employee of the Union of India, Department of Post. The opposite party Union of India in support of its case examined Sri Mustafa Ahmed Shah, Inspector of Post as witness. His evidence in cross-examination shows that he knows nothing about the case. Neither he knows the then Postmaster of Burhachapori Post Office nor he is the signatory of the written version even. However, from his cross-examination, unhesitatingly, we can hold that no amount of Rs.34,500/- was withdrawn by the Complainant/operator of the Account by submitting withdrawal application and the then Postmaster manipulated and fabricated the Ext-A by adding extra pages by removing the original pages containing entries upto 30-10-2006. Relevant portion of his cross-examination is quoted as under-
“It is a fact that the struck-off portion in the Ext-A does not contain any signature of the Complainant or for that matter any endorsement of the authority concerned. It is a fact that there are four entries on a single date i.e., on 12-04-04. I do not know if as on 12-04-07 the Pass Book Ext-A, of the Complainant was under our custody. I do not know since when the Pass Book was under our custody. I do not know who staple-pinned the Pass Book after removing the original Pins. It is not a fact that the Pass Book has been manipulated and fabricated by addition of extra pages to it by removing the original Pins. It is not a fact that in order to show the balance of Rs.34,500/- on 12-04-04, we have removed the stapler pins and added pages to it striking out its earlier entries. It is a fact that our Treasury maintains ledger in respect of all the accounts. It is a fact that one Md. Nazir, Postal Inspector, has intimated this Forum on 27-12-11 that the concerning ledger for the period 2002 to 2007 is not available with the Supdt.of Post Offices, Nagaon Postal Division. Ext-7 is the said petition of Md.Nazir. It is also stated thereunder that ledger for the period 04-07-03 to 07-08-07 has been seized by Police of Tezpur Police Station in connection with Tezpur P.S Case No.866 of 2008. It is a fact that the Postal Superintendent has written to Md.Nazir to produce certain documents. Ext-6(1) is the signature of the Superintendent Mr.N.C.Bhowmick. Ext-8 ledger Book contains entries upto 12-04-04 in respect of R/D account No.192893 of the Complainant. It is not a fact that the Postmaster of Burhachapori Post Office had taken money from the customers without recording the same in the relevant registers and ledgers. It is a fact that few volumes of registers and Pass Books of different customers were seized by Police from the Burhachapori Post office in connection with a criminal case against the then Postmaster of the said Post office. It is not a fact that we have intentionally concealed the name of the Postmaster in our records in order to protect and shield the reputation of the postal department as a department of the Central Government. It is not a fact that Complainant never applied for withdrawal of Rs.34,500/-. I do not know whether the Complainant withdrew the amount of Rs.34,500/- on 12-07-07. It is a fact that in Ext-A, it is nowhere endorsed by the authority concerned, whether the amount has been withdrawn by the Complainant and the account closed”.
11. On the otherhand, the opposite party, by cross-examining the Complainant or by adducing cogent evidence failed to nullify the claim of the Complainant. Close upon the heels of discussion the Point No.(i) is decided in favour of the Complainant.
12.POINT NO.(ii):The Complainant has prayed reliefs in the complaint as follows :-
(i) Principal amount with accumulated interest Rs. 90,000/-
(ii)For mental pain and agony Rs. 50,000/-
(iii)Amount spent for visiting the opp. part ies Rs. 5,000/-
(iv)Compensation for loss suffered for non-receipt of amount in time Rs. 40,000/-
(v) Cost of pleaders notice Rs. 1,000/-
(vi)Cost of litigation Rs. 5000/-
Total Rs.1,91,000/-
13. C.W.1 in his evidence on affidavit stated that after taking his Pass Book away by the Post Master, he went to him for depositing monthly instalments for the month of November, 2006. The Post Master told him that original Passbook was not returned from the Head Office. The Postmaster asked him to deposit the amount of monthly subscription of Rs.1500/- to him. He also told that the entries would be made after receipt of the Pass Book. The Complainant paid monthly subscription to the Post Master for the month of November and December, 2006 and for the month of January and February,2007. The Post Master made entries in a Book maintained by him without issuing any money receipt to the Complainant.
During cross-examination of C.W.1, his above evidence remained unshattered.
14. In view of the above and discussion made in deciding foregoing Point No.(i), we are of the opinion that the Complainant is entitled to receive back maturity value of the R/D account No.192893 in the name of Sri Buddhadev Prasad Mili with interest @ 6% per annum from the date of maturity till full and final payment and a
lumpsum amount of Rs.20,000/-(Twenty thousand)only as cost and compensation for mental pain and agony from the opposite party Union of India, Department of Post.
O R D E R
In the result, the complaint is allowed on contest. Opposite party, Union of India,Deptt. of Post, is directed to pay to the Complainant the maturity value of the R/D account No.192893 in the name of Sri Buddhadev Prasad Mili with interest @6% per annum from the date of maturity till full and final payment and a lumpsum amount of Rs.20,000/-as cost and compensation for mental pain, agony etc. suffered by the Complainant. Opposite party is directed to comply with the award within 30(thirty)days from the date of receipt of the judgment and order.
Before parting with the record, we would like to observe here that this order against the Union of India, Deptt. of Posts, will not take away its right to recover the amount, payable to the Complainant, from its errant official(s) by taking necessary action, if any, as per existing provisions of law.
