SUPERINTENDENT OF POST OFFICES Vs. SH ATISH DAS

JUDGEMENT

(1.) THERE is delay of 24 days in filing of this revision petition. For the reasons stated in the application for condonation of delay filed by the petitioners, the delay in filing of this revision petition is condoned.

(2.) CHALLENGE in all the three revision petitions is to the common order dated 7.7.2010 passed by State Consumer Disputes Redressal Commission, West Bengal ('State Commission' for short) by which the State Commission dismissed the appeals filed by the petitioners against the orders of the District Forum, Malda passed on 19.8.2009 accepting the three separate but similar complaints filed by the respondents. The facts and issues in each of the three complaints are identical. For the sake of convenience of reference, the facts of complaint No.65 of 2008 are being referred to in this order.

(3.) BRIEFLY stated, the case of the complainants is that an MIS account for Rs.30,000/ - was opened on 24.7.2002 at Mokdumpur Post Office, Malda through a postal agent Kaushik Bhattacharya (since deceased) and according to the said MIS scheme, the complainants were entitled to get interest @ 225/ - per month. On maturity on 24.7.2008, the complainants were also entitled to get 10% bonus in addition to the monthly interest of Rs.225/ -. The complainants collected interest for Rs.225/ - for every month through the aforesaid agent till 24.1.2007. On 24.1.2007, the said agent also handed over the MIS account passbook to the complainants. The complainants noticed some overwriting on some pages after scoring some of the entries. Sensing some foul play, one of the complainants, Atish Das met opposite party No.4 Jiten Mondal who was Sub Post Master of S.M. Pally sub post office, Malda in April 2007 for clarification. On verification, opposite party No.4 confirmed the genuineness and authenticity of the entries appearing in the passbook. Thereafter on 14.8.2007, the complainants withdrew monthly interest @ 225/ - for 6 months collectively for the period from February 2007 to July 2007 and subsequently further withdrawal was made in the months of August and September on 4.10.2007. On 24.12.2007, when the complainants approached opposite party No.4 for withdrawal of monthly interest for the months of October, November and December 2007, opposite party No.4 refused to pay such interest on the ground that the interest was not tallying with the ledger and the MIS account passbook. The complainants thereupon sent a letter through their Advocate on 26.2.2008 stating all the facts with a request for making further payments but there was no response. In the circumstances, the complainants approached the District Forum with the complaints in question praying for direction to the opposite parties to pay maturity value of Rs.30,000/ - along with bonus and interest in respect of the MIS account from the date of its maturity till realization of the full payment. They also prayed for monthly interest for the months from October 2007 to July 2008 along with interest @ 10%, compensation of Rs.50,000/ - along with cost and other reliefs.