Order No.  21  dt. 14/02/2017

       The case of the complainant in brief is that the complainant purchased NSC certificates from o.p. amounting to Rs.25,000/- for the period of six years on 13.1.01 and the date of maturity was on 13.1.07, out of the said Rs.25,000/- two certificates were of Rs.10,000/- each and another was of Rs.5000/-. The complainant after maturity of those certificates deposited in the post office on 27.7.02 but the postal department did not take any step or did not make any arrangement for payment against those certificates. The complainant thereafter sent letters on different dates on 1.7.07, 5.2.07, 26.7.07 and 8.11.11. After harassment o.p. paid an amount of Rs.5000/- but the matured in respect of Rs.20,000/- was not paid. In view of the said fact the complainant filed this case paying for direction upon the o.p. for payment of the matured amount and interest as well as cost for harassment of Rs.20,000/- and Rs.10,000/- as litigation cost.

            The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It is was stated that 100 pieces KVPs and 100 pieces of NSCs both on denomination of Rs.10,000/- were lost from the Alipore Head Post Office in the year 2000 in course of supply to the different post offices, 89 amongst which 89 nos. of NSCs of denomination of Rs.10,000/- were fraudulently issued for which Govt. in India i.e. the postal department sustained loss to the tune of rs.18,70,000/- of face value and FIR was lodged at Alipore P.S. against a Group-D employee viz. Nepal Krishna Mitra and charge sheet was submitted and the case is still pending before Ld. 1^st Special Court, Alipore being SPL Case No.09 of 2005. In view of the said fact since the post office after enquiry found that the amount relating to the said face value of NSCs of Rs.10,000/- each was not paid to the post office for which the amount could not be disbursed. But the NSC of rs.5000/- was genuine for which matured amount was credited to the complainant. In view of the said fact o.p. prayed for dismissal of the case.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant invested an amount of Rs.25,000/- by purchasing NSC from o.p.
2. Whether the complainant in spite of production those certificates were refused to pay the amount.
3. Whether there was no deficiency in service on the part of o.p.
4. Whether the complainant will be entitled to get the relief as prayed for.

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that the complainant in order to save income tax purchased Rs.25,000/- worth of NSCs certificates from o.p. Even after the maturity of those certificates the scheduled date of which was 13.1.07 the complainant in spite of submission of the original certificates the amount was not released by o.p. only an amount of Rs.5000/- was released. In spite of repeated request to o.p. no action was taken for which the complainant had to file this case praying for reliefs.

            Ld. lawyer for the complainant in support of his contention argued that similarly another case was filed by one Md. Yamin Ali with the same allegation that the certificates were fraudulently obtained and LD. CDRF, Kolkata, Unit-II was pleased to dismiss the case of the complainant. Against such order the complainant preferred an appeal before Hon’ble State Commission being S.C. Case No.FA/641/2010 and Hon’ble State Commission allowed the appeal directed the o.p. to release the fund in favour of the complainant and also directed to pay interest @ 8% p.a. from the date of maturity within 45 days and also asked the post office to pay cost of Rs.2000/- as litigation cost to the complainant / appellant. On the basis of the said judgment ld. lawyer for complainant prayed for allowing the prayer of the complainant.

            Ld. lawyer for o.p. argued that since the certificates were obtained fraudulently by a Gr-D employee of post office for which post office sustained loss to the tune of Rs.18,70,000/- and after detection of the fraud committed by a Gr-D staff Nepal Krishna Mitra an FIR was lodged against him and charge sheet was submitted and the case is pending before Ld.1^st Special Court at Alipore being SPL Case No.09 of 2005. In view of the said fact ld. lawyer for o.p. argued that since no amount was deposited to the post office in respect of the certificate produced by the complainant, therefore the question of payment of matured sum does not arise. In view of the said fact ld. lawyer for o.p. prayed for dismissal of the case.

            In support of the said contention ld. lawyer for o.p. relied on the judgment passed by Ld. CDRF, Kolkata, Unit-II whereby Ld. Forum was pleased to dismiss the case. With such background of the case ld. lawyer for o.p. prayed that the case of the complainant cannot be entertained and the complainant will not be entitled to get any relief as prayed for.

            Considering the submissions of the respect parties and on perusal of the materials on record it is not disputed that the complainant did not produce the certificates in respect of two certificates of Rs.10,000/- each and Rs.5000/- respectively. It is also an admitted fact that the date of maturity on 13.7.07. The o.p. released the fund in respect of NSC certificate of Rs.5000/-. So far as the NSC certificates of Rs.10,000/- each it was stated that no such certificate was issued by o.p. and o.p. did not receive any amount and accordingly the matured sum was denied to the complainant. The o.p. relied on the fact that since the fraudulent practice was adopted by an employee of the post office and for that reason a case was started and the said case is still pending before Ld. 1^st Special Court, Alipore. From the materials on record it is not the case of o.p. that the complainant did not pay the money at the time of purchase. The purchase in respect of NSC certificates made by the complainant is an admitted fact but the contention of o.p. that the sale proceeds of NSC certificates were not credited to the account of the Govt. of India and as such it was treated as loss of NSC certificates. It is the further case of o.p. that the NSC certificates were fraudulently issued by a postal employee and as such a criminal case was started. Since the purchase the of NSC certificates by the complainant is an admitted fact the complainant cannot be made to suffer being a consumer. The denial of the complainant in making payment on maturity shows deficiency in service. The contention of o.p. is that one employee of o.p. issued the NSC certificates fraudulently and there was no deposit of the sale proceeds with the account of Govt. of India cannot be acceptable being an internal administration matter of o.p. it cannot stand in the way of the claim made by the complainant as a consumer. In view of the facts and circumstances we hold that the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.346/2013 is allowed on contest with cost against the o.p. The o.p. is directed to make payment of matured value of two NSC certificates denomination of Rs.10,000/- (Rupees ten thousand) only each interest @ 8% per annum from the date of maturity and the o.p. is further directed to pay Rs.2000/- (Rupees two thousand) only to the complainant as litigation cost within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.    

            Supply certified copy of this order to the parties free of cost.