Smt. Shampa Ghosh, Hon’ble Member:-
The case is filed by Shri Nirapada Kayal, 170, N.S Road, Kodalia, P.S-Sonarpur, Kolkata-700146 against OP NO-1 –Sub post Master, Malancha Mahinagar post office, Kolkata – 700 146 and OP NO-2- Superintendent of post office, south presidency division, Kolkata-700144
Complainant had three Time Deposit Account at Malancha Mahinagar Post office. Deposit A/C No 31438, 31454 & 31486 dated 25/02/2013, 27/06/2013 & 21/08/2013 for face value of Rs 36000/-, Rs 1,60,000/- & Rs 40000/-, respectively. Total amount was Rs.2,36,000/-. Complainant stated that from October 2018,he repeatedly submitted all the documents to the post office as per rules. Complainant requested by several letters but till now the complainant has not received his hard earned deposited money along with interest. Finding no other alternative the complainant filed the instant complaint case on the reliefs sought for in the petition of complaint.
Ops contested the case by filing W.V. It was contended by the Ops that the complainant applied to the sub post master, Malancha, Mahinagar, sub post office for issuance of duplicate pass books for the mentioned TD account no-31438, 31454 & 31486 dated 25/02/2013, 27/06/2013 & 21/08/2013 for face value of Rs 36000/-, Rs 1,60,000/- & Rs 40000/-, respectively. Total amount has Rs.2,36,000/-. The complainant also made a general diary at the sonarpur police station for issuance of duplicate pass book by the subpost master, Malancha, Mahinagar sub post office. The A/C no 31438 would be actually 31437. Primarily it was erroreously noted as 31438 but subsequently the same was corrected in the passbook of the complainant.
The sub post master, Malancha, Mahinagar, sub post office was supplied the ledger copy at the accounts under question where is the status of the accounts as found as under.
Sl No | Scheme | A/C No | Name of A/C Holder(s) | Date of opening | Amount(Rs) | Date of closure | Maturity amount(Rs) | Payment instrument(cheque) |
1 | TD | 31438(31437) | Gayatri Kayal & Nirapada Kayal | 25/02/2013 | 36000/- | 03/03/2014 | 36000/- and interest Rs. 3044 | 949165, interest amount paid in cash. |
2 | TD | 31454 | Gayatri Kayal & Nirapada Kayal | 27/06/2013 | 60000/- | 04/09/2014 | 175263/- | 976585 |
3 | TD | 31486 | Gayatri Kayal & Nirapada Kayal | 21/08/2013 | 40000/- | 18/08/2014 | 43382/- | 977900 |
Ops stated in their BNA that the complainant had duly received under signature the maturity amount against the TD accounts through cheque payment as reflected in the register of Malancha Mahinagar sub post office bearing proof of receipt of cheque by complainant Sri Nirapada Kayal . Ops also stated that complainant herein already received cheques of maturity amount from Malancha Mahinagar sub post office in due time which itself closes the instant case. The Ops further stated that the account is already closed, there is no question for issueing duplicate passbook against that accounts. Ops also stated that there was no deficiency of service rendered by sub post master, Malancha, Mahinagar and as a whole by the Department of posts to the complainant. Ops prayed for dismissal the complaint case with cost.
Points for consideration :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons:-
All points are taken up together for comprehensive discussion.
On perusal of the case records along with copies of documents it appears that the complainant deposited 2,36,000/- to Malancha Mahinagar sub post office for the Time Deposit Account. Opposite parties issued passbook for time deposit A/C.So the complainant is a consumer as defined U/S 2(7) of the C.P. Act., 2019.
Complainant filed the instant case for non-settlement of maturity proceeds of his Time Deposit A/C No-31438, 31454 & 31486 dated 25/02/2013, 27/06/2013 & 21/08/2013 for face value of Rs 36000/-, Rs 1,60,000/- & Rs 40000/-, respectively. Total amount was Rs.2,36,000/-. According to the statement of the complainant it appears that the Complainant submitted all the documents as per rules and requesting by several letters, he did not receive his hard earned deposited money along with interest. But it is clear from the statement of the OP that the Complainant had duly received under signature the maturity amount against Time Deposit accounts through cheque after surrending his original passbook at the time of closure of accounts. Copy of cheque payment register of Malancha, Mahinagar was also submitted by the sub post master of Malancha Mahinagar sub post office. So where the Complainant received the cheque by making signature on different dates which clearly indicates that the Complainant received all the maturity amount from the said post master, so it is clear that there is no deficiency in service and unfair trade practice by the Ops and as a result of which the Complainant is not entitled to get any relief as prayed for.
In the result the Complaint case fails.
Fee paid is correct.
Hence it is
ORDERED
The complaint case be and the same is hereby dismissed on contest.
There is no order as to cost.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Shampa Ghosh
Member
