: FINAL ORDER :
DATE OF FILING : 22.02.2016
ORDER No. 36
DATE. 25.04.2018
Smt. Nabanita Kar - Member
This case has been filed by the Complainants, Mamoni Biswas and Sobha Biswas, Krishnagar, Dist. Nadia praying for an order against the OPs to pay Rs.3,56,720/- along with interest @ 12% and compensation of Rs. 80,000/- with other reliefs mentioned in the petition.
The case of the petitioners is that one Sandhya Rani Biswas deposited money in the Monthly Interest Scheme (MIS), total sum of Rs. 3,36,000/- in 7 different accounts and each account Rs. 48,000/- on 08.07.2009, 10.07.2009, 13.07.2009, 10.08.2009, 11.08.2009, 12.08.2009, 13.08.2009. After expiry of maturity period, the opposite party issued a cheque being No. 955448 amounting of Rs. 3,56,720/- on 06.10.2015 in favour of Sandhya Rani Biswas who was very much ill and was in bed ridden condition at that time. For this she could not encash the said cheque. Thereafter, on 15.10.15 said Sandhya Rani Biswas died at her residence. Thereafter, the complainants approached to the OPs office for issuing a new cheque in the name of the complainant taking back the above mentioned cheque being No. 955448, but the OP showed a deaf ear to complainants’ request. In the result the complainants faced financial loss. The complainants then sent a lawyer’s notice to opposite party for issuing a new cheque. After receiving the letter the OPs sent a letter to the lawyer of the complainants asking for fresh application for further proceeding. On 25.01.2016 the complainants sent a fresh application with original issued cheque and the complainant No. 2 gave her no objection if the amount would be disbursed in favour of the complainant 1 which is duly received by the opposite party No. 3. But the OP did not take any step for issuing a new cheque. The cause of action arose on and from 25.01.2016.
As per order No. 2, dtd. 26.02.2016 OP received the notice/summons but not appeared before the Forum, however, the Forum gave ample opportunity to OP for filing written version and appearance but unfortunately the OP was still absent and failed to file the written version so the case runs ex-parte against the opposite parties.
Points for consideration.
- Is the case maintainable both in law and fact?
- Are the complainants consumers?
- Are the OPs guilty for deficiency in service as alleged ?
- Are the complainants entitled to get the relief/reliefs as prayed for?
:DECISION WITH REASON:
All the points are taken up together for consideration and decision. Seen and perused the petition of complaint and other relevant materials on record and the BNA filed by the complainant. We have heard arguments of Ld. Lawyer for complainants in full. The complainants have filed some documents which are marked Annexures ‘A to I’ .
Now after due consideration of the materials on record and arguments of Ld. Lawyer for the complainants, we find that admittedly the complainants are consumers under the Ops. Admittedly this Forum has jurisdiction both pecuniary and territorial to hear and to dispose of this case.
From the examination–in-chief filed by the complainant on 16-06-2016 with affidavit we find that complainants have stated that after expiry of maturity period the OP issued a cheque being No.955448 amounting of Rs.3,56,720/- on 06.10.2015 in favour of Sandhya Rani Biswas but at that time Sandhya Rani Biswas was very much ill and was in bed ridden condition so she could not encash the said cheque. Thereafter, on 15.10.2015 said Sandhya Rani Biswas died at her residence . Thereafter, the complainants approached the office of the OPs and wrote a few letters for issuing fresh cheque in favour of them in place of the cheque No. 955448 but OP did not issue any cheque.
In ‘paragraph 6’ of this examination-in-chief we also find that during pendency of this case the OPs gave a cheque amounting to Rs. 3,56,320/- only. From copy of the cheque No. 958670 dated 05.03.2016, we find that the cheque was issued in favour of Mamoni Biswas and the said cheque was received by Mamoni Biswas on 12.03.2016.
From the oral submission of the Ld. Lawyer for the complainants, we find that complainants have already received the cheque from the OP Post Master, Nagendranagar, Krishnanagar amounting to Rs. 3,56,720/- vide cheque No. 958670 dated 05.03.2016. But she has prayed for only interest for the said period i.e., from the date of maturity till issue of the fresh cheque in the name of complainant No. 1.
Now the question arises whether the complainants are entitled to get interest from the alleged deposited money. Admittedly the complainants submitted a few applications to the Post Master, Krishnagar Head Post Office for issuing fresh cheque in the name of complainants (vide Annexure – A, C, E & G). It is also admitted fact that OP received the letters of the complainant and replied the same to the complainant (vide Annexure – B, B-1, D & F).
Admittedly the OP Post Office issued the cheque No. 955448 on 06.10.2015 in the name of the Sandhya Rani Biswas but Sandhya Rani Biswas died on 15.10.2015 and OP Post Master, Krishnagar HO issued a fresh cheque in the name of the complainant on 05.03.2016 in exchange for previous cheque during pendency of this case. In between the time the complainants communicated to the OPs for several times and the OP also replied the same vise versa. So we are inclined to hold that all the official proceedings disposed off between the parties within four months and we think it is not unjustified and we cannot find any delay on the part of the OPs.
In view of the aforesaid discussion made here in before, we can’t find any negligence or deficiency in service on the part of the OPs. So the complainants are not entitled to get any reliefs from this case.
All points are disposed of accordingly. In result the case fails.
Hence, it is,
Ordered,
that the case / application is dismissed on contest against the OPs without any cost.
Let a plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post.
