Order-9.
Date-21/04/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that he has a PPF Account being No.705189 since 20-03-2000 at Garden Reach Post Office, Kolkata – 700 024. The complainant since the commencing of the said account has been regularly making deposit in the said account by cheque. The complainant had to shift temporarily at Bangalore for earning livelihood but doing regular deposit in the said PPF Account. The complainant could not regularly go to the post office to update the pass book of PPF Account. The complainant, however, at the end of December, 2014 visited the Garden Reach Post Office and got the update from the statement of account of CITI Bank. Complainant issued a cheque on 07-12-2011 bearing cheque No.185436 amounting to Rs.40,000/- and the said cheque was cleared on 16-12-2011 but on 09-03-2015 the post master had cancelled the page and unfortunately no credit has been shown credit in the said PPF account no. 705189. The complainant immediately contacted OP2. OP2 assured to look into the matter. The complainant, thereafter, again went to the office but did not get a suitable reply from OP2. It is alleged that the Assistant Sub Post Master (OP1) struck out/penned through the entries made earlier by him and made fresh entries. It is alleged that there is no credit entry of the deposit made on 07-12-2011 regarding amount of Rs.40,000/- which was paid by cheque. It is alleged that due to non-post of crediting the PF Account on 07-12-2011 of an amount of Rs.40,000/-, the complainant is losing interest of sum of Rs.3,382/-. Hence, this case.
None appeared from the side of the OPs in spite of receipt of summons and the case has proceeded ex parte against the OPs.
Point for Decision
- Whether the OPs have been deficient in rendering service to the complainant?
- Whether the complainant is entitled to get the relief or any relief as per C.P. Act?
Decision with Reasons
We have perused the documents on record i.e. Xerox copy of letter dated 20-10-2016 addressed to Senior Post Master,Alipore Head Quarter by Senior Superintendent, Post Office , South Kolkata Division, Xerox copy of letter dated 13-07-2015 addressed to the complainant by Senior Superintendent of Post Office, South Kolkata Division, Xerox copy of letter dated 13-07-2015 addressed to the complainant by Senior Superintendent of Post Office, South Kolkata Division, Kolkata – 29, Xerox copy of Post Office Savings Bank showing receipt of Rs.40,000/- vide cheque No.185436 dated 08-12-2011, Xerox copy of bank statement of CITI Bank in the name of ParthaMitra, Xerox copy of the letter addressed to Senior Superintendent, South Kolkata Division, Sarat Bose Road dated 29-06-2015 by the complainant, Xerox copy of Post Office Pass Book, Xerox copy of legal notice, Xerox copy of Pass Book, Xerox copy of deposit slip of Rs.40,000/- vide cheque No.369674 and other documents on record.
It appears that the complainant is having a PPF account being No.705189 at Garden Reach Post Office, Kolkata -24. From the documents on record it appears that he complainant on 07-12-2011 presented a cheque being No.185436 amounting to Rs.4,000/- on Citi Bank for deposit in respect of his PPF Account and it was cleared on 16-12-2011 and was deposited in PPF Account but it appears that the Post Master had cancelled the relevant page of the Pass Book and no amount has been shown credit the said PPF Account No.705189. Complainant also lodged a complaint with Garden Reach Post Office regarding discrepancies in account balance for his PPF account but the issue has not been resolved. The account shows missing transaction entry but the same transaction entry was there on the pass book as per post office deposit slip and bank statement. It appears that the transaction had, indeed, taken place. So, it appears that the complainant had deposited INR40,000/- in the PPF Account for the financial year 2011-12 but the said transaction has not been recorded in the pass book. The payment made on 07-12-2011 through cheque No.185436 of INR40,000/- is missing. The bank statement also reflects the transaction. From the Statement of Account of Citi Bank, it also appears that the said cheque was cleared on 16-12-2011. Thus, it is abundantly clear that the complainant’s said cheque was cleared in the aforesaid account on 13-01-2012 but unfortunately no credit has been credited in the said PPF Account and the Post Master had cancelled the page by making pen through.
None came from the side of the OPs to contradict or controvert the case of the complainant. The Evidence on Affidavit remains unchallenged and uncontroverted. The documents on record are not also challenged or controverted from the side of the OP. In absence of any contrary and controverting materials on record we think that the complainant has been able to establish his case. We hold that the OPs have been deficient in rendering services to the complainant. OPs have not also resolved the issue in spite of so many correspondences made by the complainant with the OPs.
We are constrained to hold that the OPs have exhibited a gesture of deficiency in service.
In result, the case merits success.
Hence,
Ordered
That the instant case be and the same is allowed ex parte but on merit against the OPs.
OPs are directed to rectify the entries in the PPF Account being No.705189 showing deposit of a sum of Rs.40,000/- (Rupees Forty thousand only) on 13-01-2012 along with interest calculated thereon as per rules of the post office since the said date within one month from the date of this order.
OPs are also directed to pay an amount of Rs.10,000/- as compensation to the complainant for causing harassment, mental agony apart from litigation cost of Rs.5,000/- within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay punitive damage at the rate ofRs.5,000/- per month to be paid to this Forum till full and final satisfaction of the decree.
