Orissa

Jajapur

CC/81/2018

Smt. Basanta Sahoo. - Complainant(s)

Versus

Superintendent of Post Offices,Cuttack North Division. - Opp.Party(s)

Sri Ashok Kumar Pahil & Associates.

28 Jun 2019

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3. Miss Smita Ray, Lady Member.                                                                

                                             Dated the 28th day of  June,2019.

                                                      C.C.Case No.81 of 2018

Smt Basanta Sahoo, W/O Late Krushna ch.Saahoo

2.Ranjan Kumar Sahoo

3.Madan Sahoo, Both are sons of Late

Krushna Ch.Sahoo

4.Smt. Kabita Sahoo

Vill. Kamagarh , P.O.Autia,

Via. Jenapur ,Dt.Jajpur.

5. Smt. Sabita Sahoo, W/O Alok Ku.Sahoo

SL.No.1 to 3 Ande 5 are  of vill.Shyamsundar

P>O. SaragadaMukundapur Via/P,S . Jenapur,     

At/P.O. Mangarajpur  P.S.Jajpur Sadar   

Dist.- Jajpur .                                                                                          …… ……....Complainant .                                                                                                       

                                                  (Versus)

 

1.Superintendent of post offices ,Cuttack North Division, cuttack

P.O./PS .Buxi  Bazar Dt.Cuttak.

2.Inspectpr of post Offices Jajpur Road Sub-division,At/P.O/P.S- Jajpur Road

Dt.Jajpur.

3.Post Master H.O Jajpur ,At/P.O/Dist.Jajpur.

4.Sub-post master,Jenapur Sub-Post office, At/P.O/P.S-Jenapur

Dt.Jajpur..

                                                                                                                                   ……………..Opp.Parties.                                                                                                                                             

For the Complainant:                               Sri A.K.Pahil, Advocate.

For the Opp.Parties                                 Sri  Udayanath Sahoo ( ADDL. Standing counsel)

.            

                                                                                                        Date of order:   28 .06. 2019.

MISS  SMITA  RAY ,L A D Y M E M B E R    .

Deficiency in postal service is the grievance of the petitioners.

            The facts relevant as per complaint petition is that  late Krushna ch. Sahoo opened  a   R. D account  bearing no. 17331 in  Saragada Mukundapur branch office  ,Jenapur post office  with an amount of Rs 19,000/- .  Krushna Ch Sahoo   died  on 25.12 . 2010   leaving behind  his wife Basanta (P.1) , two sons (P.2) nd two daughters (P.3)  as his legal heirs / successors in interest .  After the death of  Krushna  ch.Sahoo   his wife is  claiming the amount deposited by her husband before the above post office and as per direction of the office of post office the petitioner No.1  filed the from  along with relevant documents.   The  sons  and daughters of Krushna ch. Sahoo  also  have given consent  in the  jenapur Sub post office  to pay the deposited  amount of their father along with interest to Basanta Sahoo (p.1)  but no steps has been  taken by the  office of  jenapur sub post office.

             Accordingly  the petitioner no .1 sent a legal notice on 18.09.12  to settle  the aforesaid matter i.e to pay the claim amount but the O.ps remained silent .  The O.P.no.1  issued  a letter bearing No. D.P.O.S.T/ E/ 2018 / 09366    on dt.9.6.18  to the petitioner No.1,  which has already been complied  but  the O.Ps has not considered the claim of the petitioners inspite of  repeated  reminders  to the jeanpur post office . Accordingly finding no other alternative ,   the petitioners have  knocked the door of this fora with the prayer to direct the O.Ps to pay the claim amount  of the petitioners  with interest and further interest @9%  from the date of filing of the case  with P.I & F.I and further to pay Rs.5,00,000/- towards mental agony   and compensation amount  .

           

After notices the O.Ps  appeared  through  their learned advocate subsequently filed their written version  taking the stand that :

1; That Krushns ch.Sahoo  had opened one R.D account in Saragada Mukundapur Branch post office   (o.P. No.4)   bearing A/C No.17331 . The total of Rs. 19,000/-  has been deposited in the account and the date of last transaction was  26.12.2009  and the date of death of account holder was 25.12.2010  .  After the death of account holder the amount was claimed  by hs wife (P.1)   . The  claim application was    initially   received   on the office on 8.7.14  along with  her documents. On scrutiny of documents it was found that Ann-1 was not properly filled by the claimant  and signature of  all the deponents  ( legal heir) was not obtained   . Therefore the claim papers was return to post master, Jajpur  H.O (O.P.no3) , vide office of O.P.no1 letter No.SB/D2-Letter No.SB/D2-Jenapur/ 17331 on 28.07.14 . . The copy of the said letter was also submitted to the claimant  i.e Smt Basanta Sahoo  but no reply  was received . Again on 11.8.14 the reminder was issued to post master jajpur   to re-  submit  the claim paper but the op.3 replied  on 14.8.14 that  the document had  been sent to jenapur S.O  (O.P.no.4) on 06.08.14 . 

            That to the  averment regarding advocate’s  notice and after receipt of said notice the  O.P.no.1 again issued letter  on 12.11.15  in the name of Smt Basanta  sahoo  to comply the omission and submit before the sub post master jenapur S.O duly certified by the Notary                        in non- judicial stamp paper as well as   properly signed by all the legal heirs  . it is also submitted                           within 15 days or else   the case will be treated as closed.    But the claimant failed to comply the omissions due to which the case was still pending at his end .  

            In view of the above facts it is humbly submitted that inspite of receiving several correspondence from the office of O.P.no.1  , the complainant neither submitted the wanting documents by complying the omissions nor any communication to this office in this matter . Sincere  efforts have already been made to settle the claim ,  which could not be done due to    non co-operation of the complainant . That the allegation made by the complainant  that activities of O.ps in  proving gross  negligence and deficiency in service is not acceptable as the complainant has not responded to several correspondence issued to  her . The demand for getting Rs. 1,00,000/-  towards mental agony ,Rs.5,00,000/- towards compensation amount for unnecessarily harassment and interest @ 9 per annum from the date of filing the case with P.I and F.I which is not based on any reality may not be taken into consideration as  the complainant  herself failed to comply the requisite documents for settlement of the claim case . More ever the complainant  is to submit the necessary documents before the O.p.no.4 and the O.ps assured to settle the case within the stipulated time as fixed by the Hon’ble Forum and disposing the case .  

            On the date of  hearing we heard the learned advocate  for both the parties. After perusal of the record  and documents  in details it is observed that it is undoubted fact  that the husband of petitioner  opened  one R.D account  before Saragada Mukundapur branch office ,Jenapur post office  till the death of account holder  has deposited  Rs. 19,000/- deposited in the R.D. account .

            The petitioner submitted  all the relevant documents ,but the O.Ps  did not settled the claim amount . On the other hand the plea taken in their  written version   after sending of several reminders the  petitioner did not submit the required  documents to settle  the claim,

            The petitioner’s  also mentioned in the complaint  petition that when the claim amount  was not settled , he issued a pleader notice  regarding his grievance but after receiving the said notice the O.Ps  remained  silent.

            After observation of the above facts we verified  the entire case record we do not found a single scrap of paper or evidence which will prove  that the plea of the O.Ps  that inspite of receiving several correspondence  from office of O.P.no.1 the petitioner failed  to submit wanting documents by complying the omission  nor did she  make any communication to the office of O.P.no.1 .

            Accordingly it is our considered view  that the O.Ps  have committed gross negligence to settle the claim of the petitioner’s  after lapse of 5 years .More over non reply of pleader notice may draw adverse inference as per observation of Hon’ble National Commission reported in 2013(1) CPR-456-N.C

Hence  this order

            The dispute is allowed against the O.P .The  O.Ps  are directed to settle the claim amount  with up to date interest  within one month after receipt of  the necessary  documents if any for settlement of claim from  the petitioner, failing which the O.Ps are  liable to pay Rs 20,000/- ( Twenty  thousand  ) as compensation  and harassment along with the  settled claim amount  with interest  . In case the order is non-complied within the stipulated period   the petitioner is at liberty to take steps as per law.

 

This order is pronounced in the open Forum on this the 28th  day of  June,2019. under my hand and seal of the Forum.