Om Prakash Daruka v Head Post Office, RaniganjDISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
D.F.Case No.163/2007
Complainant: Om Prakash Daruka,
79, N.S.B.Road, School More,
Raniganj, P.O.-Raniganj,
Dist.-Burdwan, Pin-713 347.
VERSUS
Opposite Party:1. Head Post Office, Raniganj,
Service through the Post Master,
having its office at Head Post Office,
N.S.B.Road, P.O. & P.S.-Raniganj,
Dist.-Burdwan.
2. Kharsuli Bazar Post Office,
Service through to Post Master,
Kharsuli Bazar Post office,
office at Kharuli Bazar, Raniganj,
Dist.-Burdwan.
3. Nimbehara Post Office,
Service through the Post Master,
Nimbehara Post Office, having its office
at Nimbehara Post office,
P.O.-Nimbehara, Pin-312601,
Dist.-Chitarjash, Rajasthan
Present : Hon’ble President: Sri Tushar Kanti Paladhi
Hon’ble Member : Smt. Jharna Majumder
Hon’ble Member : Sri Ajit Kumar Basu
Appeared for the Complainant: Ld. Advocate, Ramendra Sundar Mondal
Appeared for the Opposite Party No.1: Ld. Advocate, Ranajit Ghosh
Appeared for the Opposite Party No.2 & 3: Ld. Advocate: Not appeared.
Date of delivery: 30.7.2009
JUDGEMENT
This is a case U/S 12 of C.P. Act, alleging deficiency in service against the O.P.s, and praying for a direction to the O.P. to transfer the “A” schedule MIS and “B” schedule Recurring Deposit Account from O.P. No.3 post office to O.P. No.2 post office.
The complainant Om Prakash Daruka is a residence of Raniganj, Dist.-Burdwan. The complainant is a consumer against O.P. No.1 to 3. He is a holder of monthly income certificate, bearing No.314397 of Rs.50,000/-. He is also a holder of account(Recurring Deposit Account No.225177) against O.P. No.3 in which Rs.9,380/- was lying as on 12.9.2006. That after changing of residential address of the complainant from Nimbehara, Rajastshan, the complainant went to the office of the O.P. No.2 and applied for transferring the MIS account and Recurring Deposit Account lying with the O.P. No.3. The said application along with all necessary papers and documents were duly deposited by the complainant with O.P. No.2 on 12.9.2006. But till date after depositing the relevant papers and documents along with the application for transferring the above accounts to O.P. No.2 Post Office nothing has happened till date. The complainant has made correspondence with S.S.P.O., Asansol Division, Asansol-713301 through O.P. No.2 Post Office on 15.1.2007 and 17.7.2007. Inspite of the said correspondences, nothings positive was done in favour of the complainant. Hence, the complainant filed the complaint before the Forum.
The O.P. No.1 and 2 contest this case by filing written objection. But O.P. No.3 was not present this case.
According to O.P. No.1 & 2 they have admitted that the complainant had accounts with O.P. No.3 of the MIS and Recurring Deposit. The application along with document filed by the complainant to the O.P. No.2 has been duly forwarded by O.P. No.2 to O.p. No.3. But O.P. No.3 did not take any action with regards transferring the accounts to O.P. No.2.
Points for consideration in this case are:-
1. Whether there is deficiency in service on the part of the O.P.?
2. Whether the complainant is entitled to get relief as prayed for?
DECISION WITH REASON
Admittedly, the complainant was initially a resident of Rajasthan. Admittedly, he had two accounts, one is MIS and another is Recurring Deposit Scheme with Nimbehara Post Office, Nimbehara, Dist.-Chitarjash, Rajasthan, Pin-312610. Admittedly, O.P. No.2 had forwarded all the relevant documents and papers to O.P. No.3 for transferring accounts to O.P. No.2. The Forum is of the view there is no deficiency on the part of the O.P. No. 1 & 2. But As the O.P. No.3 did not take necessary action for transferring the account to O.P. No.2 it tantamounts to deficiency in service on the part of the O.P. No.3. Thus, the complaint case succeeds. C.F. paid is sufficient. Hence,
ORDERED
that the case be allowed on contest. O.P. No.3 is directed to transfer the accounts, MIS No.314397 and R.D. Account No.225177 to O.P. No.2 i.e. Kharsuli Bazar Post Office, Kharuli Bazar, RaniGanj, Dist.-Burdwan, West Bengal, within 30 days from this date of order. We do also order for cost of Rs.500.
(Tushar Kanti Paladhi)
President,
DCDRF, Burdwan
Dictated & corrected by me
(Ajit Kr. Basu)
Member
DCDRF, Burdwan
(MrsJharna Majumder) (Ajit Kr. Basu)
Member, Member,
DCDRF, Burdwan DCDRF, Burdwan