DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. NO- 314/2018
Date of Filing: Date of Admission: Date of Disposal:
02.08.2018 14.08.2018 14.08.2018
Complainant :- 1. Sri Dipak Kumar Sanyal
(a retired W.B. Govt Employee)
S/o Lt. Birendranath Sanyal of
”JAGAT JANANI APARTMENT’
Fourth Floor, HB Town Road
NO.2- Sodepur, P.O. Sodepur,
District- North 24 Parganas,
Kolkata- 700110
=Vs=
O.P/s:- 1. The Post Master of
Sodepur Sub Post Office
P.O- Sodepur, Dist.- North 24 Parganas,
Kolkata- 700110
2. The Senior Superintendent of
Post Offices,
North Presidency
Division, Barrackpore,
P.O- Barrackpore,
Dist.- North 24 Parganas,
Kolkata- 700120
3. The Chief Post Master General,
West Bengal Circle,
“Jogajog Bhavan” Fifth Floor,
Kolkata- 700012
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ………………………Member.
Final Order & Judgment
This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not credit a sum of Rs. 6,300/- towards the interest amount of one MIS for the month of March, 2016 till filing of this complaint. The complainant has prayed for certain reliefs in the petition of complaint.
In the petition of complaint, it is stated by the complainant that his daughter opened one MIS A/C with the Sodepur Post Office being no- 5060393821 on 21.03.2016. It was settled that monthly interest be given by the concerned Post Office to the daughter of the complainant.
Cont………………..2
:2:
Accordingly it is alleged that for the month of March 2016 when his daughter went to the Post Office for withdrawal of the monthly interest, she was told that the interest will be credited in her savings bank a/c, not to her in cash. Accordingly the daughter of the complainant returned home and after 2 to 3 months when she against went to the Post Office for withdrawal of the further interest in respect of the MIS A/C, it was seen by us that the interest for the month of 2016 has not been credited in the savings bank a/c no, since then the daughter of the complainant had to run from pillar to post for getting the said amount, but to no effect. Having no other alternative this complaint is filed by the complainant praying for certain reliefs against the OPs as mentioned in the petition of complaint.
It is seen by us that the daughter of the complainant is an adult lady. Admittedly MIS a/c was opened by the daughter of the complainant along with her mother, but not with his father-the complainant. The daughter of the complainant made entire written correspondences with the OP to get back the interest for the month of March 2016 in respect of the MIS A/C, but we have noticed that this complaint has not been filed by the daughter of the complainant, rather it is filed by the father of the investor, in whose name MIS A/C was opened along with her mother. According to us as the daughter of the complainant is the consumer and also her mother being the consumer the Consumer Complaint can only be filed either by the daughter or her mother or by both, but in no manner the complaint can file by the father of the investor as in the MIS A/C his name is not appearing. Within the four corners of the petition of complaint it is not stated by the complainant that any transaction was made by him with the concerned Post Office, rather he made transaction with the Post Office by producing letter written by his daughter.
Therefore as the present complainant cannot be termed as Consumer, hence the present complaint cannot be maintainable as Consumer Complaint. Hence it is ordered that Consumer Complaint being no- 314/2018 is hereby dismissed being not maintainable and without being admitted.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member President
Dictated & Corrected by
