BEFORE THE PRESIDING OFICER CONSUMER FORUM AT GULBARGA Complaint No /2009 .

Complainant

1) Smt Kalavti W/O Late Sidramayya.Math Wife ( W/O late S.B.Math). H.No 5-1-80,Rajeevanagar, At.Po.Tq: Afzalpur. ,Dist: Gulabarga. Postal code:585301. 2) MALLIKARJUN S.MATH son H.No 5-1-80 Rajeevanagar, At.Po.Tq: Afzalpur. ,Dist: Gulabarga. Postal code:585301 Phone No:91634063/ 9341236203 Email Id: math.mallikarjun@gmail.com Email Id:shri_math@yahoo.com V/S The Head POST Master, Post Office, AFZALPUR At ,Po,TQ: Afzalpur, Dist : Gulabraga. Phone no:08470-283030 .

--- ------complainant

Respondent

COMPLAINT U / SEC .12 OF THE CONSUMER Your Honor That, the complaint submits as under:

PROTECTION ACT

We , Kalavati W/O Late Sidramayya. Math and Mallikarjun S.Math S% late Sidramayya Basayya Math legal heirs of your MIS account Holder MIS1030-filing the case against The POST OFFICE OF AFZALPUR, At,Po,Tq: Afzalpur, Dist Gulabarga 585301 For misguiding, negligence, lack of service, tortured mentally and finally causing the financial loss of approximately the amount RS 1.50 (One lakh & fifty thousand Rs only) to us. We write the facts along date wise, HOw the Post Office authorities of Afzalapur misguided, shown negligence & defective service and mentally tortured us, finally causing the financial loss of amount of Rs. 1, 50,000(ONE lakh fifty thousand approximately) .

Late Sidramayya .Bassayya. Math. Retired Vice Principal good customer of above post office with following accounts 1) 2) 3) 4)

was

SB SAVING ACCOUNT-------RD ACCOUNT-------MIS ACCOUNT MIS1030 (Related to the present case) and MIS account in His wife (Kalavathi Sidramayya Math) name MIS -----.

The MIS( Monthly Income Scheme) Account with No 1030 of Amount Rs2.4 lakh( Rs.Two lakh Fourty thousand only) was opened on 5-01-2001 with maturity period of 6 year , maturing on 05-01-2007 with 10% bonus on the maturity .He had been getting monthly Rs 2200(Two thousand & two hundred only) as interest for above amount. Even in the opening of account form he had been mentioned his wife Miss Kalavati W/O Sidramayya.Math as his nominee for account (we came to know this fact after lot of enquire and quarrels). But the concerned person in the post office didnt mentioned nominee name in the Pass Book. (This is mistake did by post office caused the delay of justice for 15 months without interest and additional burden of personal loan with more interest) Unfortunately. The account holder expired on 23 May 2006..We immediately brought this incident to post office & produced death certificate from Authorized institutes.( I have document of submitting the request on 20 july 2006) Then we asked to close the all the three accounts 1) SB Account --2) RD Account-----3) MIS Account ---Then concerned post official authorities ask us to submit the claim for 1) SB account -----2) RD account-----For 3) MIS 1030 account, the (post master) concerned authorities advised us to wait for maturity of MIS. As it is very near( Only 6 months), get the bonus otherwise you will loose some % of fixed deposit as prematured closure that finally not beneficial to you. We applied for claim for first two accounts and convinced to waited for 6 months till the maturity of MIS 1030 account.(5-01-2007) for some profit.

We waited till maturity( 5-01-2007) then we applied for claim first time ------ ( put dates) after few months the post office authorities sent letter asking to submit

succession certificate from law of court as there is no nominee in the pass book. (We are attaching a document rejecting our request giving the reason of no nominee) Then we asked the post master for showing the original nomination form as late Sidramayya B. Math(S.B.Math) mentioned the nominee for even small accounts like SB and RD but the postal staff never heard our voices and never ready to listen to us. They simply asked us submit the succession certificate from the court as mentioned in first rejected claim. In this process we spend two to three months we never got the clear idea of what they want, mean time as late Sidramayya math(S.B Math) was retired state Govt employee only the succession certificate issued by tahasildar is enough. We applied for succession certificate to taluka tasildar. Then they asked us submit by court of law. Then we come to know that is costly and time consuming process with haring a lawyer. Etc in process we spend lot of time and money unnecessarily and went through mental torturing(agony) at same time we did have money as late sidramayya Math was lone feeder of our family and the source of income was only the interest and deposit amount. When interest was stopped and settlement becoming the late. In order to process further and to get succession certificate lawyer and other family need we took a personal lone of with higher interest by individuals that ultimately caused the more financial losses and made us to accept the lower settled amount( To avoid further big losses) Mean time we are always requesting post master to check the nominee name in original (nomination) application form. One good day, he agreed to show the nomination form, fortunately, we got our mother kalavati s name ,we are correct, because of there negligence we suffered huge financial losses and mental trauma. Then after lot of discussions they ask us to resubmit the claim, we resubmitted the claim finally the post office settled our case in march 2008 with paying amount as RS2,70,000(Two lakh seventy thousand) 1) 2,40,000 as original fixed deposit 2) 24,000 as a bonus 3) 14,000 as interest at rate of 4.5% (SB saving account after maturity) Then post office regretted for for each other of their colleagues. The settled amount of very less The minimum settled amount would be the whole incident & tried to blame

1) 2, 40 000 -------- original fixed amount 2) 24,000 -------- as bonus on maturity. 3) 17,000 ------2200 X8 (from june to jan 2007 till maturity interest) 2,000 -------- RD for 8 months + Interest of Saving account 4.5% till the issue of amount 2,83,000 ---- if settled on first claim. If the post office settled our claim on our request immediately after maturity(0501-07) we are elgible to get at least amount of more than Two lakh eighty three thousand 2,83,600 as per the simple logic and per their rules. Due to their negligence they extended the settlement further 15 months causing the 1) Financial losses of interest to more than 2, 83,000(matured amount as on 05-01-07) in the post office. 2) unnecessary expenditure for traveling enquire lawyer etc 3) Though we had money , in order to get money and other family need, we made personal loan with higher interest( This situation is purely raised due to unsettlement of our amount From June 2006 onwards to till the amount paid in the year March 2008 we didnt get interest amount. Finally they repaid Amount 2.70 (Two lakh seventy thousand only). So we lost interest for 2 years we did not get amount at scheduled time. if we would have kept the same amount as fixed deposit at same post office we would have got 1 monthly interest 22000 2200 X 15months after the maturity ===33,000 but actuall amount at post office on maturity was 2,40,000 FD 24,000 Bonus MIS interest 2200X7 14,000 +cumulativeinterestof8%approximately 2500 2,80,500 was deposit amount as on 5-01-07 And 15 months interest on 2, 80,500 at least definitely more than >33,000 At least the minimum settlement amount would be >3,20,000. As Late sidramayya Math was lone feeder of my family and the source of income was only the interest. When interest was stopped and settlement becoming the late .For necessary at need of hours we did the loan till I have been paying

interest amount. we made loan for feeding the family and other expenses related to settle the above case that caused us the metal tortured and financial losses. Later we ask for reconsideration and compensation the post office never responded.

Therefore it is prayed that your Honor be pleased to allow the complaint and the respondent be directed to pay compensation amount of RS 1.50 lac ( One lac Fifty thousand ) in the interest of justice.

Place: Gulbarga Date: 03-06-2009

Complainant