Consumer Complaint No.162 of 2016

Date of filing: 15.9.2016                                                                          Date of disposal:04.05.2017

Complainant: Mrs. Hira Mazumder, W/o. Late Radheshyam Mazumder, resident of Lakurdi,

                          P.O.-Lakurdi, P.S. & Dist.-Burdwan, Pin-713102.

-VERSUS-

Opposite Party: 1. United Bank of India, having its head office at 11, Hemanta Basu Sarani,

                                  Kolkata, Pin-700 001, represented by its Chairman/Chief Manager.

                              2. The Branch Manager, United Bank of India, Burdwan Medical College

                                   Branch, Burdwan Medical Campus, Baburbagh, P.O.-Rajbati, P.S. & Dist.-

                                   Burdwan, Pin-713101.

                              3. The Sub Post Master, Harisabha Post Office, Harisabha S.O., P.S. & Dist.-

                                   Burdwan, Pin-713101.

               (The O.Ps. Nos.1 to 3 are running ex-parte vide order No.5, dated: 24.11.2016)

                           4.  The Senior Superintendent, Department of Posts, India, Burdwan Head

                                   Office, Burdwan, Pin-713101.

Present :   Hon’ble Member :  Smt. Silpi Majumder

                  Hon’ble Member :  Sri Pankaj Kr. Sinha

Appeared for the Complainant:  Ld. Advocate Debdas Rudra.

Appeared for the Opposite Party No.4:  Ld. Advocate Murari Mohan Kumar.

JUDGEMENT

            This is a case U/s. 12 of the C.P. Act alleging deficiency in service in non-releasing of six KVPs certificates in due time.  The complainant’s case in short is that he purchased six KVP certificates from the O.P. No.3 on 29.8.2006 amounting of Rs.5000/- each.  The complainant obtained a loan from the O.P. No.2 on 13.5.2008.  To obtain the loan the complainant deposited six original KVP certificates in the bank of the O.P. No.2 as security deposits against the said loan and those six KVPs were insured in the name of the complainant.  Thereafter the complainant repaid the loan amount to the bank.  In the mean time those six KVPs were matured on 29.3.2015.  The complainant went to the office of the O.P. No.3 and requested to disburse the total maturity value of Rs.30,000/- against six KVPs in favour of the complainant.  The O.P. No.3 told the complainant to deposit six original KVPs to them to disburse the said amount.

            Thereafter the complainant went to the O.P. No.2 bank and requested to release those six original KVPs to the complainant but the O.P. No.2 bank told the complainant that said six original KVPs were misplaced/lost from their custody.  The complainant requested the O.P. No.2 to do the needful so that the complainant get back the sum of Rs.30,000/- from the O.P. No.3 towards the maturity value of the said KVPs.

            The O.P. No.2 made an application dated 16.10.2015 before the Senior Post Master of Burdwan Head Post Office stating that those six original KVPs registered in the books of their office had been lost/destroyed.  Moreover, the O.P. bank had executed personal bond of indemnity dated 16.10.2015 to issue duplicate certificates in favour of the complainant so that the complainant could get back the total maturity amount of Rs.30,000/- against those six KVPs.  But neither the O.P. No.4 issued duplicate certificates against those six KVPs nor the O.P. No.3 disbursed the said maturity amount of Rs.30,000/- in favour of the complainant which is nothing but deficiency in service and unfair trade practice on the part of the O.P. 3 & 4.  The O.P. No.2 bank also sent a letter dated 31.10.2015 to the O.P. No.3 requesting to inform them registration of those six KVPs  in the name of Hira Mazumdar as because those KVPs in question have been misplaced/lost from their end and for issuing the duplicate KVPs registered as is required.  Inspite of receiving of said letter the O.P. No.3 did not take any proper steps till now. The O.P. No.2 & 3 have been avoiding their liabilities against one another and as a result of which the complainant was in great trouble.  The complainant visited the office of the O.Ps. several times and requested to look into the matter earnestly considering her financial situation.  But the O.Ps. did not take any appropriate steps towards the disbursement of the maturity value of Rs.30,000/- against six original KVPs mentioned in the schedule which is nothing but deficiency in service and unfair trade practice on the part of the O.Ps.

            Due to non-receiving of the six original KVPs the complainant has been suffering great mental pain, agony and harassment.  Being aggrieved and dissatisfied with the conduct as well as service of the O.Ps. the complainant has no other alternative  but to file this case before this Ld. Forum.  So, the complainant prayed for entitlement of the matured value of Rs.30,000/- of said six KVPs.  The complainant also prays for Rs.50,000/- as compensation towards mental pain, agony and harassment and Rs.10,000/- as litigation cost.

            Notices were served upon all the O.Ps.  the O.P. No.1 & 2 did not appear and filed no written version. 

            The record shows that the case was running ex-party against the O.P. No.1 to 3, yet the O.P. No.3 has filed written version which was kept with the record.

            The O.P. No.4 has contested this case by filing written version stating inter-alia that the case is vague, malafide, baseless and speculative and this case is barred under the principles of estoppels, waiver and acquiescence.  The O.P. No.4 further stated that on enquiry from the official records that six KVP certificates were registered in the name of the Smt. Hira Mazumder as purchaser sold on 29.8.2006 from the office of the O.P. No.3.  It came to the knowledge of the O.P. No.3 that as against those a loan from t he O.P. No.2 those certificates were pledged to O.P. No.2 as collateral security for the loan.  The complainant claimed that loan dues of O.P. No.2 has been paid and the alleged sis KVP certificates were released.  The complainant approached to the O.P. No.3 and without producing the original KVP certificates asked for payment of the maturity value of those certificates.  As without those original KVP certificate the office of the O.P. No.3 was unable to make the alleged payment requested the complainant to return/produce those original certificate of KVP.  Unfortunately, the complainant could not produce any of  those certificate, instead through O.P. No.2 caused a letter to be issued requesting this O.P. to make payment of the value of those six KVP which could not be entertained by the O.P. No.3 or 4.  Even in reality no valid or credible document was produced to these O.P.s by the complainant about the alleged story of loss of those certificates who claim herself as bonafide holder or custodian of those certificates at the material point of time, claiming payment.  In such situation there was no deficiency of service or unfair trade practice as alleged against this O.P. No.3 or 4.  If the fact there is any wrong that was on the part of complainant and O.P. No.2 and now they cannot put blame on these O.Ps. and cannot claim compensation for their own wrong.

DECISION WITH REASONS

Heard the argument at length.  The complainant and the O.P. No.4 contested the case.  Perused all the papers submitted by the complainant.  It is evident from the documents submitted by the complainant that he deposited six KVP certificates amounting to Rs.30,000/- against the said loan in the bank of the O.P. No.2 and eventually those six KVP certificates were lost from the custody of  O.P. No.2 which the O.P. No.2 admitted which is evident from an application made by the O.P. No.2 dated 16.10.2015 before the Senior Post Master of Burdwan Head Post Office declaring thereby that those six original KVPs registered in the books of their office had been lost/ destroyed.  That is why the O.P. No.2 has executed personal bond of indemnity dated 16.10.2015 to issue duplicate certificates in favour of their complainant so that the complainant could get back the total maturity amount of Rs.30,000/-.  Therefore, the negligence on the part of the O.P. No.2 is clearly established as he has failed keep the said KVPs certificates in his custody safely in tact.  Though the O.P. No.4 has been made a party to this case and O.P. No.4 has filed their written version accordingly, but after perusal of the written version filed by the O.P. No.4, we find no fault on the part of the O.P. No.4. Though the O.P. No.2 has requested the O.P. No.4 to issue duplicate certificates as those certificates were lost from the custody of O.P. No.2, yet the O.P. No.4 is not bound to issue duplicate certificates in this respect.  The complainant may himself have lodged the application before the O.P. No.4 for getting the duplicate certificates but did not do it.  Be it mentioned that the applications made by the O.P. No.2 before the O.P. No.4 it is seen that no police case was reported against this loss of those certificates.  So, the case is not tenable against the O.P. No.4 as there is no deficiency in service from their part.  Hence, the complainant wins the case against the O.P. No.2 as well as O.P. No.1, Head Office of O.P. No.2. Hence, it is

Ordered

that the C.C. being No.162/2016 is allowed on contest against the O.P. No.1 & 2 and dismissed against the O.P. No.4 on contest and dismissed ex-parte against the O.P. No.3.  and the O.P. No.1 and O.P. No.2 are directed either jointly or severally to release those six original KVPs certificates to the complainant within 30 days from the date of passing of this order along with an amount of Rs.20,000/- to the complainant as compensation and litigation cost of Rs.2000/-; in default the O.P. No.1 & 2 are directed either jointly or severally to pay the maturity amount of Rs.60,000/- against said six KVPs along with interest @ 6% p.a. from the date of maturity and compensation of Rs.20,000/- and litigation cost of Rs.2000/- within 45 days from the date of passing of this order, failing which the complainant is at liberty to put the case in execution as per provisions of law.

Let the plain copies of this order be supplied to the parties free of cost.

             Dictated and corrected by me.                 

                  (Sri Pankaj Kr. Sinha)

                           Member

                   D.C.D.R.F., Burdwan

               (Silpi Majumder)                                                               (Sri Pankaj Kr. Sinha)

                    Member                                                                               Member    

            D.C.D.R.F., Burdwan                                                            D.C.D.R.F., Burdwan