DATE OF FILING : 22.09.2015.
DATE OF S/R : 09.10.2015.
DATE OF FINAL ORDER : 27.05.2016.
Arup Kumar Banerjee,
son of late Dr. Aloke Kumar Banerjee,
residing at 22, Sarkhelpara Lane, P.O. & P.S. Bally,
District Howrah,
PIN 711 201. ………………………………………………………… COMPLAINANT.
1. The Post Master,
Bally Goswamipara Road, P.O. Bally,
Howrah – 711 201.
2. The Senior Superintendent of Post Office,
Howrah Division,
Kadamtala 711 101. ………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Arup Kr. Banerjee, against the o.p., Post Master, Bally, and another praying for directing the o.ps. to release the maturity value of M.I.S. A/c. no. 61405486 with 10% interest till realization and compensation of Rs. 1 lakh and costs.
- The case of the petitioner is that he is M.I.S. account holder with A/c no. 6140 5486 along with his father who died on 12.12.2013. The petitioner lost his passbook and he lodged G.D.E. 1269 dated 20.04.2015 in the local Bally police station. He informed the matter to the Bally Post Office for issuing a fresh pass book but in vain. The date of maturity of the joint M.I.S. A/c no. 61405486 was in the first week of May, 2015. In spite of repeated requests Bally Post Office did not pay his matured amount and so on 17.8.2015 he approached the Sr. Superintendent, at his Kadamtala Office, Howrah, but with no effect and thus he was compelled to file this case on 22.9.2015. He further submitted that on 29.9.2015 he received the matured sum of the above M.I.S. account but he continued this case even after getting matured sum as he wants compensation for harassment and also the litigation costs.
- The o.ps. contested the case by filing a written version denying the allegations made against them and submitted that the case is not maintainable either in law or in facts and further submitted that in the instant case duplicate pass book was issued on 23.9.2015 and delivered on 29.09.2015 to Sri Arup Kumar Banerjee. They further submitted that as per Departmental Rules the account was closed with post maturity interest and maturity amount including post maturity interest has been paid to the petitioner and there is no question of payment of any other amount and the instant case be dismissed with heavy costs.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps.?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip off reiteration. In support of his case, the petitioner filed affidavit as well as documents in the form of his information to the local police station I.C., Bally P.S., Howrah, regarding the loss of the pass book issued by the Bally post office and also his information to the Post Master, Goswamipara Road, Bally, regarding the loss of the pass book and missing dairy made by him and also his letter dated 17.8.2015 to the Sr. Superintendent Post Office, Howrah Division, Kadamtala, stating the above facts.
- The o.ps. on the other hand submitted that they have already paid the maturity amount with post maturity interest to the petitioner on 29.9.2015 and prior to that on 23.9.2015 they issued the duplicate in favour of the petitioner. The MIS A/c no. 61405486 was to mature on the first week of May, 2015 and the o.p. issued the pass book on a later date after filing of the case and paid the matured sum with post maturity interest to the petitioner within the same date i.e., on 29.9.2015 to the petitioner. So this Forum on scrutiny of the facts of the case finds that the petitioner in the instant case lost the pass book and informed the matter to the police as well as to the post office on 20.4.2015 and also informed the matter to the Sr. Superintendent on 17.8.2015 but no steps have been taken either by the concerned post office on the Superintendent of Post Office at Kadamtala to satisfy the prayer of the consumer when it is the prime duty of the service provider to do the same at the earliest opportunity and they only did every thing after filing of the case on 22.09.2015 and this compelled the consumer to file a case again the post office and such acts of the postal authority amounted to deficiency in service even if they paid the whole amount after the filing of the case with post maturity interest. Loss of any article is a natural phenomenon and same loss of MIS pass book was reported not only at P.S. but also at the post office and since loss of pass book on 20.4.2015 to first week of May, 2015 when the MIS got matured there might be less mental agony for the consumer but after maturity when the postal departmental no steps then the consumer petitioner suffered miserably both physically and mentally for which he is entitled to compensation even if the Department paid the amount with interest after almost four months of such maturity. Thusthis petitioner succeeded to prove the deficiency in service on the part of the o.p. for which he is entitled to compensation and also he is entitled to litigation cost because even after sending a representation to the Sr. Superintendent of post offices at Kadamtala on 17.8.2015 he got no result and so he filed this case on 22.9.2015. The deficiency in the instant case is palpable on the face of the documents filed by the o.p. postal department.
In view of above discussion and findings this Forum finds that the petitioner succeeded to prove his case.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 328 of 2015 ( HDF 328 of 2015 ) be and the same is allowed on contest with costs against the O.Ps.
The petitioner is entitled to compensation of Rs. 3,000/- for the mental agony and harassment upon him by the o.ps. who is to pay Rs. 2,000/- as litigation cost as maturity amount already received by the petitioner.
The o.ps. are directed to pay the above sum of Rs. 5,000/- within 30 days from this date to the petitioner failing the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
