West Bengal

Bankura

CC/70/2017

Chhabi Rani Gorai - Complainant(s)

Versus

Post Master Ramsagar Sub-Post Office - Opp.Party(s)

Self

04 Jan 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

 Consumer  Complaint  No. 70/2017

Date of Filing : 31.10.2017

Before:

1. Samiran Dutta                Ld. President.      

2. Rina Mukherjee               Ld. Member. 

For the Complainant: None

For the O.P. Ld. G.P., Bankura

Complainant

1. Chabi Rani Gorai, 2. Mamata Gorai 3.Sanjay Gorai all at Singhati, Ramsagar, Bankura

 Opposite Party

1. Post Master, Ramsagar Sub Post Office 2. Head Post Master, Bankura Head Post Office,

FINAL ORDER / JUDGEMENT

Order No.31,

Dt.04- 01 -2023

No step is taken by the complainant.

Step is taken on behalf of the O.P. through Ld. G.P., Bankura.

The case was at the stage of argument as written version has been filed by the O.P. Invoking Section 38 (3)(C) of Consumer Protection Act, 2019 the Commission decides to dispose of the case on merit considering the urgency of the matter even in absence of the complainant.

The complainant’s case is that Jitendranath Gorai and his Son Basudeb Gorai had four 6yr. NSC Certificates(8^th Issue) No. being 40EE756237, 40EE756238, 40EE756239 & 40EE756240 in their Joint name for Rs.10,000/- each issued on 16-01-2003 by O.P.1 Ramsagar Post Office, Bankura. Said Basudeb Gorai having expired on 05-06-2003 pre-deceased Jitendranath Gorai who expired on 13-01-2009 leaving behind Complainant No.1 Chhabirani Gorai as the wife of Basudeb Gorai, Complainant No.2 Mamata Gorai, daughter of Basudeb Gorai and Complainant No.3 Sanjoy Gorai, son of Basudeb Gorai. The wife of Jitendranath Gorai namely Susari Gorai also expired on 03-05-2006.

                                                                                                                                                                                  Contd……p/2

Page: 2

The Complainants visited the O.P.1 Ramsagar Post Office for encashment of those four NSCs by producing succession certificate No. being 18/2010 issued on 16-04-2015 by the District Delegate, Bankura in the name of said Basudeb Gorai but the same was refused by the Postal Authority for the reason best known to them.

The Complainants have therefore approached this Commission for appropriate relief alleging deficiency in service on the part of the Postal Authority.

The O.P. Postal Authority contested the case by filing a Written Version contending inter alia that after the death of said Basudeb Gorai all the NSC certificates became Single Type Certificate in the name of surviving Jitendranath Gorai but the Succession Certificate produced has been issued in the name of Basudeb Gorai who expired earlier than Jitendranath Gorai and as such the Postal Authority was not in a position to disburse the NSC proceeds  after maturity in favour of the Complainants.

Having regard to the facts of the case and perusal of all the materials on record  the Commission finds that all the three Complainants are the Legal heirs of both Jitendranath Gorai and Basudeb Gorai in whose Joint name all the NSCs stood. No separate Succession Certificate is required to be produced in the name of Jitendranath Gorai as when the Succession Certificate was issued both Jitendranath Gorai and Basudeb Gorai are dead and naturally, according to Hindu Succession Act all the rights and interests vested with the above mentioned deceased devolved upon the present complainants as their Legal heirs and Representatives. No other Legal heirs of the Certificate holders have come forward before the Postal Authority and this Commission to prefer their claims if any.

Thus there should not any legal impediment in encashment and disbursement of the matured value of all the four NSCs in favour of the Complainants.

The Complainants are entitled to get the relief as prayed for.

                                                                                                                                                                                     Contd……p/3

Page: 3

Hence it is ordered……

That the instant case be and the same is allowed on contest against the O.P.s.

O.P.s are directed to take necessary steps for encashment and disbursement of all the Matured value of four NSCs  as mentioned above in the body of  Judgement in favour of the Complainants after observing all legal formalities within one month from this date failing which the Order may be executed in due process of law.

Both parties be supplied copy of this judgement free of cost.

 

                                                 ____________________                                                              _________________                    

                                                 HON’BLE   PRESIDENT                                                        HON’BLE MEMBER