West Bengal

Kolkata-I(North)

CC/364/2019

Smt. Basana Sinha - Complainant(s)

Versus

Post Master, Mal Bazar Head Post Office and 2 others - Opp.Party(s)

Md. Liakat Ali, Amt Ghosh

27 Nov 2019

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/364/2019
( Date of Filing : 15 Nov 2019 )
 
1. Smt. Basana Sinha
W/o Late Sunil Kanti Sinha, 36B, gopal Chatterjee Road, P.S. - Cossipore, Kolkata - 700002.
...........Complainant(s)
Versus
1. Post Master, Mal Bazar Head Post Office and 2 others
Jalpaiguri, P.S. - Mal, Pin - 735221.
2. Senior Superintendent of Post Office
Jalpaiguri Division, Jalpaiguri - 735101.
3. Chief Post Master General
West Bengal Circle, Yogayaog Bhawan, P.S. - Bowbazar, Kolkata - 700012.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 27 Nov 2019
Final Order / Judgement

Order No.  2  dt.  27/11/2019 

           The complainant being the mother of the deceased son who purchased some KVP certificates from Mal Bazar Head Post Office, Jalpaiguri. After the demise of Apurba Sinha his widow Kakali Sinha compelled the complainant to leave her residence at Mal Bazar and since then the complainant is residing in Kolkata at her daughter’s house. The complainant after coming to know of the investment of her deceased son wanted to have the information from concerned post office through RTI and the Assistant Director, North Bengal Region, Siliguri supplied the information, but they failed to provide information about the said KVP certificates by mentioning therein information not available. Thereafter the complainant through her son-in-law made a complaint to General Post Master General, Yogayaog Bhawan who also informed that the information regarding the KVP certificates are not available at Mal Bazar Head Post Office. It appears that the KVP certificates filed by the complainant all were matured in the year 2013 and since the said KVP certificates were purchased from Mal Bazar Head Post Office and after the maturity the amount had been withdrawn, for which no information could be provided. It appears from the materials on record that the cause of action of this case arose within the territorial jurisdiction of Jalpaiguri and by sending a letter to Yogayaog Bhawan cannot create any jurisdiction within this Forum. It appears that the KVPs matured on 03/08/2013 and after the lapse of 6 years the complainant filed this case, since the cause of action arose in the year 2013 and the complainant filed this case in the year of 2019 which clearly debars the complainant to file the case after the statutory period of 2 years as envisaged in C.P. Act, 1986, merely by sending a notice at Yogayaog Bhavan cannot create any right to the complainant to file the case whenever it is crystal clear from the materials on record that the case filed by the complainant is barred by limitation, therefore we hold that the case filed by the complainant is a misconceived one and this Forum lacks the territorial jurisdiction to entertain the same.

Hence, ordered,

That the CC No.364/2019 is dismissed in limini.  

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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