State Consumer Disputes Redressal Commission
The Sub-Post Master vs Sri Tapan Maity on 17 August, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. FA/928/2014 (Arisen out of Order Dated 02/07/2014 in Case No. Complaint Case No. CC/26/2014 of District Purba Midnapur) 1. The Sub-post Master Debhog Sub-Post Office, P.O. - Debhog, Haldia, Dist. - Purba Medinipur. 2. The Superintendent of Post Office Dharinda, Tamluk Division, P.O. & P.S. - Tamluk, Dist. - Purba Medinipur. 3. The Manager, Andhra Bank Haldia Branch, Debhog, Haldia, Purba Medinipur. ...........Appellant(s) Versus 1. Sri Tapan Maity S/o Brajendra Kumar Maity, Vill. - Bhabanipur, P.O. - Debhog, City Centre, Haldia, Dist. - Purba Medinipur. ...........Respondent(s) BEFORE: HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER HON'BLE MR. JAGANNATH BAG MEMBER For the Appellant: Mr. Goutam Debnath , Advocate For the Respondent: Mr. Bhabani Prasad Mondal., Advocate Dated : 17 Aug 2016 Final Order / Judgement JAGANNATH BAG, MEMBER
The present appeal is directed against the Order , dated 02.07.14, passed by the Ld. District Consumer Disputes Redressal Forum, Purba Medinipur, in Consumer Case No. 26/ 2014 , whereby the complaint was allowed on contest against OP Nos. 1 and 2 and dismissed against OP No.3.
The Complainant's case , in brief, was as follows:
The Complainant , being an account holder of Andhra Bank , Haldia Branch, deposited on 15.09.2009 a cheque for Rs. 4,50,000/- in favour of Sub-Postmaster , Debhog Branch, Haldia, for the purchase of KVP Certificates . The said cheque was deposited at SBI, Tamluk Branch, on 24.09.2009 and the sum was deducted from the Complainant's account on 30.10.2009 . The cheque was encashed on 20.09.2010 and KVP certificates, 90 in number, each worth Rs. 5,000/- were issued on 05.10.2010 . There was thus a delay of about one year in issuing KVP certificates from the date of deduction of money from the Complainant's account on 30.10.2009. In the said circumstances, the Complainant on 01.11.2010 sent a letter to the OP-2 asking them to pay interest of Rs. 36,000/- from 30.10.2009 to 05.10.2010 . OP No.2 declined to pay any interest by their letter dated 24.12.13. The Complainant on 28.12.13 met the office staff of OP No. 2, but to no effect. Hence , the complaint case was filed before the Ld. Forum below.
The complaint was contested by OP Nos. 1 and 2 , who by their W.V. denied all material allegations, but admitted the receipt of cheque No. 122181, dated 15.09.2009, for Rs. 4,50,000/-. It was contended that though the cheque was deposited with SBI , Tamluk Branch, vide Tumluk HOCC No. 8285 /01 dated 24.09.2009 , the said cheque was enchashed on 20.09.2010, in spite of reminders to the Bank from OP No.2 on 04.12.2009 and 18.01.2010 . The delay of approximately one year for issuing KVP certificates happened owing to delay in clearing of amount and Bank's failure in depositing the amount with OP No.2 or OP No. 2's postal account. The delay in issuance of KVP certificates was for the negligence on the part of the SBI , Tamluk Branch and the claim of payment of interest by the OPs was not sustainable .
OP No.3 , being the Manager, Andhra Bank, Haldia Branch, also filed W.V. and submitted that the amount of Rs. 4,50,000/- has been debited from the account of the Complainant and paid to Haldia Port Branch on 30.10.2009 as the cheque was presented by Haldia Port Branch on 30.10.2009 and paid on the same date.
Ld. Forum below having gone through the documents/pleadings and having considered the arguments of both parties observed that there was a delay in issuing KVP certificates by OP No.1 after receipt of the cheque amount and in the process , the Complainant suffered a loss of interest on the deposited amount for the period from 30.10.2009 to 05.10.2010. The complaint was allowed against OP Nos. 1 and 2 with direction upon them to pay jointly or severally Rs. 36,000/- as interest on Rs. 4,50,000/- for the period from 30.10.2009 to 04.10.2010 to the Complainant together with Rs. 1,500/- as litigation cost within 45 days from the date of order, failing which interest @9% p.a. shall be payable on the total amount of Rs. 37,500/- till the compliance of the order.
Being aggrieved by and dissatisfied with the order of the Ld. Forum below , the OPs-turned-Appellants have come up with prayer for direction to set aside the impugned order.
The memorandum of appeal has been filed together with copies of the impugned order, the petition of complaint , the W.V. filed by OP Nos. 1 and 2 before the Ld. Forum below and the letters dated 04.12.2009 and 18.01.2010 sent to the Branch Manager, SBI , Tamluk Branch in connection with encashment / clearing of cheques as listed. We have also heard the Ld. Advocates appearing for the Appellant and the Respondent.
Ld. Advocate appearing for the Appellant submitted that the State Bank of India, Tamluk Branch , was very much responsible for encashment of the cheque issued by the Respondent /Complainant. The Bank neglected in their duty , but they were not made a party to the complaint . The complaint was liable to be dismissed on the ground of non-joinder of necessary party which the Ld. Forum below overlooked. The impugned order is bad in law and deserves to be set aside.
Ld. Advocate appearing for the Respondent / Complainant submitted that the simple fact is that a cheque for Rs. 4,50,000/- was issued in favour of and received by the OP/Appellant on 15.09.2009, but the KVP certificates were issued on 05.10.2010 causing a huge monetary loss in terms of interest on the deposited sum . The shifting of responsibility for delay in issuing the KVP certificates by OP Nos. 1 and 2 is but a bad excuse to cover up their own deficiency in service and since there was no sort of relationship between the Respondent / Complainant and the State Bank of India, Tamluk Branch, there was no question of making the State Bank of India a party to the complaint . It was the OPs who are related with the State Bank of India , Tamluk Branch. Ld. Forum below rightly considered the matter and decided the complaint with the award of Rs. 36,000/- and the litigation cost.
Decision with Reasons:
The point for consideration is whether there is any material irregularity or jurisdictional error in the impugned order.
There is no dispute that the Complainant / Respondent deposited a cheque for Rs. 4,50,000/- in favour of the Sub-post master , Devhog Sub-Post Office for purchasing Kishan Vikash Patra Certificates and the sum was debited / deducted from the Bank account of the Complainant / Respondent on 30.10.2009. It was incumbent upon the OPs to get the cheque remitted in their account for issue of the desired KVPs at the earliest. The OPs failed in their duty to do so and tried to shift the responsibility on the State Bank of India , Tamluk Branch. The Complainant/Respondent had no relationship with the said Bank and was not expected to interact with them for transferring the sum of Rs. 4,50,000/- in the account of the OP Appellant . There was clear deficiency in service on the part of the OP / Appellants . The fact that they requested the State Bank of India for encashment / clearing of the cheque issued by the Complainant/ Respondent itself shows that it was their responsibility to pursue with the State Bank of India , Tamluk Branch , for necessary encashment / clearing of the cheque. In that view of the matter , the deficiency in service on the part of the OPs/ Appellants has been rightly adjudged by the Ld. Forum below. We find no reason to interfere with the impugned order . The appeal does not succeed. Hence, Ordered That the appeal be and the same is dismissed on contest . The impugned order is confirmed. There shall be no separate order as to cost.
[HON'BLE MR. DEBASIS BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. JAGANNATH BAG] MEMBER