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Thread: Post Master Post Office Mandi, District Mandi, H.P.

  1. #1
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    Default Post Master Post Office Mandi, District Mandi, H.P.

    Before the District Consumer Disputes Redressal Forum, Mandi, H.P.



    Complaint Case No.199/2008

    Date of Institution 2-8-2008

    Date of Decision 17-3-2009





    Janki Devi wd/o Sh Karmi resident of village Jagar, Post Office Saroa, Tehsil Chachiot, District Mandi, H.P.







    …Complainant





    V/S

    1. Post Master Post Office Mandi, District Mandi, H.P.

    2. The Sub Post Master, Pandoh Sub Post Office Tehsil

    Sadar, District Mandi, H.P.

    …..Opposite parties





    For the complainant Sh. K.L.Kaundal, , Advocate

    For the opposite parties Sh.Vinod Chaudhary,DA



    Complaint under Section 12 of the

    Consumer Protection Act, 1986.



    ORDER.

    This order shall dispose of a complaint under Section 12 of the Consumer Protection Act, 1986( hereinafter referred to as the “Act”) instituted by the complainant against the opposite parties . The case of the complainant is that her husband namely Sh. Karmi had purchased two National Saving Certificates ( bearing No.907752 and 907753) amounting to Rs.5,000/- each from the opposite party No.2 and invested a sum of Rs.10,000/- on 3-4-1984. The maturity value of the above certificates was Rs.20,150/- on 3-4-1990. It has been averred that the above certificates had been misplaced somewhere in the house of the complainant and for issuance of duplicate certificates the husband of the complainant visited the opposite party No.2 several times during his lifetime but every time he was put off on one pretext or the other. After the death of Sh Karmi, , the complainant also visited the opposite parties several times and represented the matter and ultimately she was directed to furnish certain affidavit and bond of Indemnity alongwith an application duly filled in the form / standard format supplied by the postal department . The complainant had deposited requisite fee of Rs.10/- and she was issued receipt No. B-325 and the affidavit ,bond duly filled in were also sent to the opposite parties No.2. The complainant also represented the matter and also made representation on 31-7-2003 but despite the completion of codal formalities the complainant has not been issued duplicate National Saving certificates nor any maturity value was released. The complainant had served the opposite parties with legal notice dated 18-1-2007 and upon this duplicate N.S.C s were issued in favour of the complainant on 4-5-2007 and thereafter the maturity value of Rs.20,150/- was released in her favour on 4-6-2007 but no interest thereon was released in her favour . The amount of Rs.20,150/- of above was received by her under protest. With these averments , the complainant had sought a direction to the opposite parties to pay interest on the maturity value of above National Savings Certificates from the date of maturity till payment @ 12% p.a., to pay Rs.5,000/- as compensation.

    2 The opposite parties had resisted the complaint by raising preliminary objections that there exists no consumer dispute , that the opposite parties are discharging their statutory duties as per rules and regulation framed under Post Office Saving Bank Manual Volume II, the payment of National Saving Certificates has been made to the complainant on 4-6-2007 and that the post maturity interest as applicable under the rules was tendered but has not been accepted by the complainant and that the complaint is bad for non joinder of necessary parties .

    On merits , the opposite parties admitted the contents of para No.1 to the extent that one Sh. Karmi had purchased two national saving certificates bearing (VI issue ) No. 907752 and 53 vide registration No,.280 from Pandoh Sub Post Office under Mandi Head Post Office on 3-4-1984 as Annexure R-1 and the same had matured on 3-4-1990 with maturity value of Rs.20,150/- and the holder had agreed to abide by SCS 6th issue Rule 1981 on NS-66 and the same were not presented for encashment on maturity. The opposite parties had stated that the holder of certificate neither visited nor made any application for the issuance of duplicate certificate . The opposite parties further denied that the complainant had visited the opposite parties. It has been averred that as per the record the complainant has applied for issuance of duplicate certificate on 26-5-2004. It has been denied that the complainant has applied for issuance of duplicate certificates in January 2003. It has been admitted that the duplicate National Saving Certificates were issued in favour of the complainant after following the departmental procedure on 4-5-2007 and the same were presented for payment on 4-6-2007. The total Maturity value was Rs.20,150/- which included the interest accrued thereon. It has been pleaded that as per the notification post maturity interest is allowed on maturity value for a maximum period of two years at the rate of saving bank interest which has not been accepted by the complainant . It was for the investor / holder to present the certificate on maturity and in case of loss/ theft the complainant should have applied for issuance of duplicate certificates immediately after happening but the matter was brought to the notice of the opposite parties on 4-5-2007 and after observing all usual formalities the payment was made to the complainant on 4-6-2007. It has been submitted that the opposite parties have rectified their mistake by issuing the orders of payment of post maturity interest as per Annexure R-4 and the non payment of post maturity interest is simply a clerical error and not unfair trade practice . It has also been pleaded that the complainant has been paid the maturity value on 4-6-2007 and she was requested to take the payment of post maturity interest as per orders Annexure R-4 but the same has not been accepted by her. It has been averred that the complainant is not entitled to any relief and the complaint be dismissed .

    3. The complainant had filed rejoinder reiterating the contents of the complaint and denying those contrary to the complaint.

    4. We have heard the ld. counsel for the parties and have also gone through the entire record. It is an admitted fact that the husband of the complainant purchased two National Saving certificates amounting to Rs.5,000/- each from the opposite party No.2 on 3-4-1984 and their maturity value was Rs.20,150/- ( i.e. Rs.10,075/-) with maturity date as 3-4-1990. It is also an admitted fact that both the aforesaid certificates were not presented for encashment on maturity. The case of the complainant is that her husband had lost the same and he visited the office of the opposite party No.2 several times during his life time for issuance of the duplicate certificates but every time he was put off either on one pretext or the other .The further case of the complainant is that after the death of her husband she also visited the opposite parties and represented the matter but despite that neither the duplicate certificates were issued nor maturity amount was released in her favour and ultimately she was compelled to issue legal notice dated 18-1-2007 to the opposite parties in this respect and only after that the maturity value of both the certificates amounting to Rs.20,150/- was released in her favour on 4-6-2007 but no interest thereupon from the date of the maturity till payment was released. However, the case of the opposite parties is that neither the holder of the certificate nor the complainant ever visited their office and the complainant applied only on 26-5-2004 for issuance of the duplicate certificates and the same were issued to the complainant on 4-5-2007after following the departmental procedure and were presented by the complainant before the opposite parties No.2 for payment on 4-6-2007 and total maturity amount of Rs.20,150/- which included the interest accrued on it was paid to the complainant. Therefore in the aforesaid facts and circumstances , it was for the complainant to establish that after the maturity date, her husband as well as she visited the opposite parties several times for issuance of duplicate certificates but despite that the opposite parties had failed to redress her grievance. The perusal of the record depicts that there is no document on record that prior to the year 2003, the complainant or her husband ever visited the office of the opposite parties. The perusal of the application for issuance of the duplicate National Saving Certificates Annexure R-2 shows that the same was filed by the complainant with the opposite party No.2 on 7-4-2004 and after completing all codal formalities , duplicate National Saving certificates were issued on 4-5-2007 and the same were presented before the opposite party No.2 for payment on 4-6-2007 and total maturity amount of Rs.20,150/- has been paid to the complainant. As per the case of the opposite parties the post maturity interest is allowed on maturity value for a maximum period of two years at the rate of saving bank interest applicable from time to time vide Ministry of Finance Notification NoGSR-820-E dated 16-10-2003 Annexure R-3. It has also been admitted by the opposite parties that since the post maturity interest was not paid at the time of final payment due to oversight , they have rectified the mistake by passing order for payment of post ,maturity interest in the sum of Rs.1411/- as per Annexure a R-4.

    5 It is a matter of record that the maturity date of the certificates was 3-4-1990 but the complainant applied for issuance of the duplicate certificates only on 7-4-2004 vide Annexure R-2.i.e. after a period of more than 14 years . Since the Postal Department could swing into action only on filing of the application for issuance of the duplicate certificates , no fault can be attributed to the opposite parties for delay in issuing the duplicate National Saving certificates . No explanation has been given by the complainant as to what she had been doing for a period of more than 14 years . It was the duty of the holder to present the certificates on maturity and in case of loss the complainant should have applied immediately for the issuance of duplicate certificates . Had she brought the factum of loss of the certificates to the opposite parties earlier, she would have been issued duplicate certificates by the opposite parties at the earlier point of time. In our opinion, it does not make out a case for entitlement of the complainant to claim interest from the date of maturity as delay in issuing the duplicate certificates was only due to latches on the part of the complainant . Moreover, in view of Ministry of Finance Notification NoGSR-820-E dated 16-10-2003 Annexure R-3. post maturity interest is allowed on the maturity value for a maximum period of two years. Hence in the facts and circumstances of the case since the complainant has failed to prove any deficiency in service on the part of the opposite parties , no amount of compensation can be awarded to her. The complainant has already received the full maturity value of both the National Saving certificates However, as per Ministry of Finance Notification No.GSR-820-E dated 16-10-2003 and in view of the orders Annexure R-4, the opposite parties are directed to pay to the complainant a sum of Rs.1411/- within a period of one month from today failing which they are liable to pay interest on this amount at the rate of 9 % PA from the date of filing of this complaint till realization.

    5 Copy of this order be supplied to the parties free of cost as per Rules.

    6 File, after due completion be consigned to the Record Room.

    Announced

    17-3-2009 (Sushil Kukreja ) President

  2. #2
    Unregistered Guest

    Default Issuing the duplicate pass.

    To
    The Postmaster,
    Head Office Mandi H.P,
    Pin- 175001.
    Sub:- For issuing duplicate Passbook of saving account no.2049368.
    Honorable Sir,

    It is for your kind information and necessary action that I have lost my saving pass book account no. 2049368 in the bus. I have been approaching to the sub postmaster sandhole pin no. 176090 for a month. But he is putting me off by one or the two excuses. I have cleared all the objections as directed by him. I have got police certificate on this behalf.
    When on 5/3/2011 I went to the post office at 1.00pm, all except one were found absent from the post office. I waited from 1.00 to 3.00 pm but none came. On 8/3/2011 I again visited the post office and requested the post master to deal with the case, he directed me to come at any other day as he was too busy at that time.
    On 10/3/2011 I again went to the post office with the same request. The post master asked me to go to the other official sitting beside there, but he too refused and asked me to go to the postmaster. I again requested the postmaster that I had been coming there for a month but the duplicate passbook was not being issued to me.
    His reply with a rude behavior was that it would take one month more.
    I hope keeping in view the above facts your goodself will do the needful and oblige.

    Thanking you highly anticipation.
    Yours faithfully
    Anu Nirala
    D/o Sh. Baldev Singh
    Dated Vill. Kaltri P.O Kothuwan
    10/3/2011 Distt. Mandi H.P

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