DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24-PARGANAS, JUDGES’ COURT,
ALIPORE, KOLKATA-700 027
>> C.C. CASE NO.: 22 OF 2009 <<
DATE OF FILING: 27.1.2009
DATE OF PASSING JUDGEMENT: 31.07.2009
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Present : President : Dipak Shyam Roy
Member(s) : Amitabha Roy Chowdhury & Sharmi Basu
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COMPLAINANT : Sri Sanatan Mondal,s/o late Tinkari Mondal,
Vill. Gokulnagar, P.O. South Bishnupur,P.S. Mandir
Bazar, Dist. 24-Parganas(S)
- >> : versus : << -
O. P. / O. PS : 1. The Post Master General, G.P.O, Kolkata – 1.
2. The Post Master, Baruipur Head Office, Baruipur,
South 24-Parganas,Kolkata – 144.
3. The Sub-Post Master, Mathurapur R.S. Mathurapur,
Dist. 24 parganas (S), Pin Code- 743354
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>> J U D G E M E N T <<
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This application under Section 12 of the C.P Act has been filed by Sri Sanatan Mondal against the O.Ps alleging deficiency of service on their part.
The fact of the case in brief is that the complainant purchased two Kishan Vikas Patras on 6.12.1997 one being no. 39BB800260 for Rs.5000/- and the other being no. 61AA187229 for Rs.1000/- from the Sub Post Master, Mathurapur R. .S , District: South 24 Parganas. On 6.6.2003 the complainant produced the said Kishan Vikas Patras before the Sub Post Master, Mathurapur R.S Post Office on its maturity for getting payment. He was asked by the Post Master to sign on receipt of discharge of the said Certificate showing the maturity amount being Rs.10,000/- and Rs.2000/- each and accordingly it was signed by the complainant. After sometime the complainant was informed by the said Sub Post Master that the aforesaid Kishan Vikas Patras do not appear to have been entered in their internal Registrar maintained as per Rules by the then Sub Post Master, Mathurapur R.S Post Office. Hence no payment was made. The complainant thereafter wrote several letters to the Post Master, Mathurapur R.S Post Office, to the Post Master, Baruipur Head Post Office for due payment of the said KVPs. Lastly complainant sent notice dated 19.7.2008 through his Ld. Advocate claiming payment of the matured amount of the said KVPs. On 16.1.2009 the complainant personally went to the Post Master, Mathurapur R.S. Post Office for encashment of the said KVPs but after receiving his application the O.P-3 remained silent. The complainant has now alleged that the O.Ps are guilty for deficiency of service and they have adopted unfair trade practice for which, the complainant, a Senior Citizen suffering from different ailments has been deprived of his money and he has been suffering mental harassment for the unfair trade practice by the staff of the Post Master. The complainant has now prayed for payment of Rs. 12000/- , the matured value of the said KVPs with interest @ 10% p.a on the matured value from 6.6.2003 till date of payment. He has also prayed for compensation of Rs. 50,000/- for causing mental harassment to the complainant for non payment of his money. He has also prayed for penal compensation of Rs.25000/- and also for cost of the proceedings.
The O.Ps did not contest the case and did not file any written version. Only on one day a petition was filed on behalf of the O.Ps praying for time to file written version but that petition was filed without any authority or vakalatnama and as such it was not taken into consideration and rejected. However, on subsequent date also none appeared for the O.Ps and as such the case proceeded exparte.
Point for consideration in this case is now whether the case is maintainable, whether there is deficiency in service on the part of the O.Ps and whether the complainant is entitled to get reliefs as prayed for.
Finding of the Forum:
It appears that there have been some delay in filing the complaint before this Forum for which the complainant filed a petition for condonation of delay and after due consideration of the grounds for delay the petition of the complainant was allowed and the delay was condoned by this Forum. The complainant in this case has filed two KVPs dated 6.12.1997 one being no. 39BB800260 for Rs.5000/- and the other being no. 61AA187229 for Rs.1000/- from the Sub Post Master, Mathurapur R. .S , District: South 24 Parganas. On maturity of the same the complainant produced the aforesaid KVPs for encashment and according to the complainant it could not be encashed on the ground that there is no internal Register of the said Post Office ,showing the entry of these KVPs. Thereafter the complainant moved from pillar to post for encashment of these KVPs but got no justice from any corner and finding no other alternative ,ultimately he has filed this petition. In the Forum also the O.Ps did not contest the case and as such we got no scope to examine whether these KVPs are genuine or forged. In absence of the O.Ps and in view of the averment of the complainant we have no reason to hold that these KVPs were not purchased by the complainant from Mathurapur R.S and as such we have every reason to hold that apparently these KVPs are genuine documents. The KVPs itself are its proof that they were not encashed on their maturity though claimed by the complainant, the holder of the KVPs. Therefore, the complainant in this case is a consumer and the O.Ps are service provider and there is deficiency in service on the part of the O.Ps who did not make payment of the maturity amount to the Holder of the KVPs. It is needless to say that the holder of KVPs cannot be refused by the Post Office to make payment on maturity without any cogent and reasonable ground. We find no cogent and reasonable ground for such refusal. Rather, for so many years the complainant has been harassed and at his old age. Therefore he has sufficient ground for mental agony and harassment. In the above circumstances, we are of the opinion that the complainant is entitled to get its maturity value and interest upon the matured value from the date of maturity till payment at the rate which was effective upon the KVPs issued by the Post Office. The complainant is also entitled to get compensation of Rs. 5000/- and litigation cost of Rs.2000/-.
Hence Ordered
That the case be and the same is allowed exparte with cost. The O.Ps are directed to make payment of the maturity value of the KVPs to the complainant after receiving the KVPs dated on 6.12.1997 one being no. 39BB800260 and the other being no. 61AA187229 from the complainant. They shall also pay interest upon the maturity value from the date of maturity which was prevalent in respect of KVPs under the Government Rules till the date of payment. The O.Ps shall also pay compensation of Rs. 5000/- and also litigation cost of Rs.2000/- to the complainant. ` The above payment shall be completed within 30 days from the date of order ,failing which entire amount which is payable by the O.P to the complainant as per our above order , shall carry interest @12% p.a till actual payment.
Member Member President
Dictated and corrected by me
President