Date of Filing – 01.09.2016
Date of Hearing – 16.10.2017
The challenge in this appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is to the Final Order dated 05.08.2016 passed by the District Consumer Disputes Redressal Forum, Howrah (in short, Ld. District Forum) in Consumer Complaint No. 240/2015 whereby the complaint initiated by the Appellant under Section 12 of the Act was dismissed on contest without any order as to costs.
The Appellant herein Sri Motilal Jhalani being Complainant lodged the complaint under Section 12 of the Act before the Ld. District Forum asserting that on 13.04.2014 he has made a complaint to the Senior Superintendent of Post Office, Howrah Division for non-encashment of National Savings Certificates (NSC) bearing Nos.6877, 6878, 6881, 6882 and 6883 respectively which were purchased from Velachari Post Office, Chennai and Kandivili (East) Post Office, Mumbai. According to the complainant, those NSCs were scheduled to be matured on 23.03.2015 and 24.03.2015 respectively but due to negligence or deficiency on the part of the postal authority, he got the same on 28.04.2015. Therefore, the appellant approached the Ld. District Forum with prayer for several reliefs including compensation of Rs.95,000/-.
The Respondent/Opposite Party by filing a written version has stated that as those certificates were received from non-CBS Post Office and as such the maturity value could not be disbursed from the Howrah Head Office and ultimately the maturity value of those certificates were disbursed on 28.04.2015 from Kadamtala Post Office which is a non-CBS office.
After assessing the materials on record including the evidence led by the parties, the Ld. District Forum by the impugned order dismissed the consumer complaint. Being aggrieved and dissatisfied with the said order the complainant has come up in this Commission with the instant appeal.
I have scrutinised the materials on record and considered the submission advanced by the appellant person and the Ld. Advocate appearing for the opposite party.
Undisputedly, NSCs bearing Nos. 6877, 6878, 6881, 6882 and 6883 were purchased from Velachery Post Office at Chennai (Tamil Nadu) in the name of Mrs. Sujata Jhalani and her husband Sanjay Jhalani. The NSCs being registration No.68239 stands in the name of Kabita Jhalani and the appellant was purchased from Kandivali (East) Post Office at Mumbai (Maharashtra). It remains undisputed that those NSCs were payable on 23.03.2015 and 24.03.2015 respectively. It should also be not out of place to mention here that those NSCs were purchased from non-CBS post offices. Therefore, the Howrah Head Post Office which having CBS system was found it difficult to make payment. In such a situation, those NSCs were transferred by Howrah Head P.O. to Kadamtala P.O. which is a non-CBS P.O. Ultimately, on 28.04.2015 the entire payment was made.
The fact remains that at the time of receiving the payment, the appellant did not raise any objection whatsoever. Therefore, the subsequent filing of the complaint was an afterthought. The situation does not indicate that on account of negligence or deficiency, the Howrah Head P.O. did not make payment of the amount to the appellant.
Considering all the above and having heard both sides, I think the Ld. District Forum was quite justified in passing the order impugned. Therefore, when the impugned order does not call for any interference, the instant appeal being devoid of merit is liable to be dismissed.
Consequently, the appeal is dismissed on contest. There will be no order as to costs.
The impugned order is hereby affirmed.
The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Howrah for information.
