Ld. Advocate(s)
For Complainant: Santanu Dutta
For OP/OPs : None
Date of filing of the case :20.01.2022
Date of Disposal of the case :12.12.2023
Final Order / Judgment dtd.12.12.2023
The concise fact of the case of the complainant in a nutshell is that the complainant Shri Tarak Halder had a post office savings bank account bearing no.4946728882 at Nagendra Nagar Sub-Post Office under OP No.1 Post Master Krishnagar Head Post Office. The complainant deposited an account payee cheque drawn on Nadia District Central Cooperative Bank Limited Hanskhali Branch bearing no.198907 dated 02.03.2021 for Rs.25,000/- in the name of the complainant. The said cheque was deposited at the sub-post office on the same day which was acknowledged. Annexure-A is the document to that effect. OP No.1 did not take any action to realise the amount of said cheque and did not credit the same in the account of the complainant. Instead the OP No.1 returned the said instrument to the
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complainant on flimsy ground. The complainant requested to the OP No.1 for realisation of the cheque amount but to no effect. Thereafter, complainant personally met with pro-forma OP No.1, Superintendent Post Office Nadia North Division, Krishnagar but they also did not pay any heed to the matter. So the complainant lodged a written complaint to the pro-forma OP No.1 which was duly received on 22.03.2021. The pro-forma OP No.1 wrote to the OP No.1 on 20.04.2021 directing him to take immediate action to resolve the dispute but the OP No.1 did not take any action. The complainant did not receive any reply from the OPs till now. Thus the OP No.1 has caused deficiency in service to the complainant. The cause of action of the present case arose on 20.04.2021 and on subsequent dates. The complainant therefore, prayed for an award for Rs.35,000 as compensation for suffering financial loss and mental pain and agony, penalty against OP No.1 personally from his own pocket, Rs.5,000/- for litigation cost and other reliefs.
All the OPs initially appeared but subsequently could not file W/V within due time. As per order of the Hon’ble S.C.D.R.C the case was directed to be heard ex-parte against the OPs.
Accordingly, the case is heard ex-parte against all the OPs.
The complainant in order to substantiate the case adduced oral evidence in the form of affidavit and documentary evidence.
The complainant categorically stated in his affidavit in chief the same facts and allegations as stated in the complaint.
The complainant also proved the document as under:-
- Deposit slip for a cheque of Rs.25,000/- on 02.03.2021 in his account as Annexure-A.
- Letter to the Superintendent of Post Office Nadia North Division Krishnagar by the complainant on 20.03.2021 received on 22.03.2021 claiming some information regarding necessity of customer signature on the backside of the cheque.
- Letter to the Chief Post Master General West Bengal Postal Circle, Yogayog Bhawan, Chittaranjan Avenue, Kolkata dated 20.03.2021 on the same aforesaid ground.
- Letter issued by Superintendent Post Office Nadia North Division , Krishnagar to the Post Master, Krishnagar Head Office dated 20.07.2021.
The aforesaid documents support the case of the complainant. The entire oral and documentary evidence of the complainant stand unchallenged and undiscarded since the case is heard ex-parte.
The Ops were debarred from filing W/V. So of the no evidence is forth coming in this case on the behalf of the Ops since it is heard ex-parte against them.
Thus having assessed the unchallenged case of the complainant and the undiscarded evidence on the part of the complainant reasonable inference is drawn that the complainant has successfully proved the case against the OPs.
Consequently the complainant duly proved that the OP acted in a manner which tantamount to deficiency in service.
In the result the complaint case succeeds ex-parte against the OPs. Consequently complaint case succeeds ex-parte with cost.
Hence,
It is
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Ordered
that the complaint case No. CC/07/2022 be and the same is allowed ex-parte against the OP No.1 with cost of Rs.5,000/- (Rupees five thousand). The complainant do get an award for a sum of Rs.25,000/- (Rupees Twenty five thousand) against the OP No.1 towards compensation for financial loss , harassment and mental pain and agony, Rs.5,000/- (Rupees five thousand) towards negligent and lackadaisical act of the OP No.1. The OP No.1 is directed to pay the said sum of Rs.35,000/- (Rupees thirty five thousand) to the complainant within 30 days from the date of passing the final order failing which the entire award money shall carry an interest at the rate of 8% per annum from the date of final order till the date of its realisation.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
