Sri Shyamal Gupta, Member

This is an Appeal, preferred by The Superintendent of Post Office, Nadia (South Division) & Anr. against the Order dated 02-02-2015, passed by the Ld. District Forum, Nadia in C. C. No. 04/2014 whereof the complaint has been allowed.

Briefly narrated, case of the Complainant is that his father and he made some investments in the OP No. 1 Post Office.  Post maturity, the same were handed over to the OP No. 2.  However, the concerned agent neither renewed those investments nor returned the same.  Subsequently, she told that the certificates concerned got lost and as such, a complaint was lodged with the local Police Station and also the OP No. 1 Post Office was duly apprised of the matter.  Indemnity Bond to this effect was also submitted to the concerned Post Office.  However, the Post Office concerned, despite submission of indemnity bond by the Complainant, did not pay maturity proceeds of lost certificates.  Notice sent to the Postal Department also did not yield any positive result.  Against this backdrop, the complaint was filed before the Ld. District Forum.

Per contra case of the OP Nos. 1 and 3, according to the version of the WV is that, as per rules, SAS agents are only authorized to procure business on Post Office Saving Certificates from prospective investors and to investment the same in Post Office savings schemes.  No agent can take payment of maturity value of NSCs from any Post Office on behalf of the investors.  They even cannot act as messenger or witness at the time of payment of maturity value of the NSCs.  However, there are provisions for re-investment of the maturity value of NSCs through SAS agent.  Therefore, if any certificate was handed over to the OP No. 2 by the Complainant, the Postal Department cannot be held responsible for the same.  It is further stated that on 27-11-2012, maturity value of Rs. 48,348/- in respect of NSC No. 9613 was paid to the Complainant in cash.  On 21-12-2012, a TD, being the maturity value of NSC Nos. 9614, 9684, 9764 and 9843, amounting to Rs. 2,40,000/- was opened in the name of the Complainant.  Regarding loss of KVPs and NSCs, the Complainant applied for duplicate copies of KVPs on 17-10-2013 at the OP No. 1 Post Office and those papers were sent to Kalyani HO on 17-12-2013.  Subsequently, Postmaster, Kalyani HO raised some objections and returned the papers which in turn was handed over to the Complainant on 10-02-2014 with a request to re-submit the same duly filled in. 

Decision with reasons

Heard the Ld. Advocates of the parties and perused the documents on record carefully.

It appears, by filing the instant petition of complaint, the Respondent No. 1 primarily prayed for disbursement of maturity proceeds of his investment in 12 nos. NSCs and 6 nos. KVPs.  On the other hand, it transpires from the WV that the Appellant No. 2 on 10-02-2014 asked the Respondent No. 1 to re-submit relevant papers for issuance of duplicate certificates after filling in the same properly.  There is, however, nothing on record to show that the Respondent No. 1 followed suit; yet, the Appellants has not acted upon it.  Question of deficiency in service, on the part of the Postal Department, as alleged, therefore, does not hold much water.

It is important to keep in mind that in order to get maturity proceeds of investments, discharge of certificates concerned is must and therefore, as long as  this basic perquisite is not met, any direction given to the Postal Department to release payment would tantamount to contravention of the principle of natural justice.  Now that the requisite papers are lying in the custody of the Respondent No. 1, the ball is in his court to set it rolling. 

Looking from this aspect, the direction of the Ld. District Forum to the Appellants to disburse a sum of Rs. 2,40,000/- has got no legal footing and as such, the same cannot be endorsed by us.

The Appeal, thus, succeeds.

Hence,

O R D E R E D

That A/645/2015 be and the same is allowed on contest.  The impugned order is hereby set aside.  The Appellants are directed to issue duplicate certificates within a fortnight of receipt of complete set of documents from the Respondent No. 1 duly filled up and once the said duplicate Certificates are duly discharged by the certificate-holders, the Appellants shall pay proceeds thereof within 7 days from the date of receipt of discharged certificates.