2025 Supreme(Online)(SCDRC) 35930
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MR.DUSHYANT P.MEHTA(KARTA OF H.U.F.) – Appellant
Versus
THE DIRECTOR MUMBAI GENERAL POST OFFICE – Respondent
SC/27/A/18/159
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Appeal No.A/18/159 (Arising against the order dated 28/11/2017 passed by the D.F.South Mumbai in CC/14/102)
Mr.Dushyant Prataprai Mehta (Karta of HUF)
Address-601, 6th floor Rukhmani Niwas Mathuradas Road Extension Next to Vanza Wadi, Kandivali (West)
Mumbai 400 067 ...... Appellant/org.complainant Versus
1.The Director Mumbai General Post Office Department of Post, India Mumbai 400 001
2.The Deputy Director (Saving Bank)
Public Provident Fund Account ………Respondents/org.OPs Head Office, General Post Office Mumbai 400 001
3.The Asstt. Dy,Director, Post Office (Saving Bank-1)
Public Provident Fund Account General Post Office Mumbai 400 001 BEFORE: Justice S.P.Tavade – President Vijay C.Premchandani – Member PRESENT: Appellant present in person Mr.Mohil Acharya-Postal Assistant/Mumbai GPO along with Advocate Naveena Kumai for respondents FINAL ORDER (Dt.27/03/2025)
Per Hon’ble Vijay C.Premchandani – Member
1. The present appeal is filed by the appellant/org.complainant against the impugned order dated 28/11/2017 passed by the Ld.District Consumer Commission, South Mumbai in consumer complaint no.CC/14/102.
BRIEF FACTS:-
2. The appellant/org. complainant had opened Public Provident Fund Account at General Post Office, Mumbai as on 27/03/1997 by giving initial deposit of Rs.50,000/- by a cheque, thereafter went on depositing further amount in this PPF Account.
3. The Appellant stated in the original complaint that the closing balance in PPF A/c was Rs.21,18,934/- as on 31/03/2012 and then the appellant further deposited a cheque of Rs.1,00,000/- on 12/05/2012 in his PPF A/c and simultaneously, the OP no.3 extended a period of 5 years i.e. from 01/04/2013 to 31/03/2017. The Opposite Party No.3, credited a sum of Rs.1,93,800/- being the interest for the period of 01.04.2012 to 31.03.2013 @ 8.8.% per annum, in the Pass Book on 31.03.2013, thus the closing balance shown as Rs.24,12,734/- as on 31.03.2013.
4. The Appellant/org. complainant as on 28.05.2013, received a letter dated Nil from the Opposite Party No.3 intimating the Appellant to contact with them along with Pass Book for some urgent work. So the Appellant accordingly approached to the Opposite Party No.3 and handed over the Pass Book. The Opposite Party No.3 had told to the Appellant that the PPF A/c will be closed according to the new rules and the amount of credit balance will be paid.
5. The Appellant had a great shock on receipt of a Cheque for Rs.22,18,934/- as on 12.06.2013, arbitrarily deducting a sum of Rs.1,93,800/- which was the accrued interest @ 8.8.% for the period of 01.04.2012 to 31.03.2013 and accordingly, entered in the pass book before cancellation of PPF A/c.
6. The Appellant had no option but to accept the alleged Cheque amount and requested to pay the balance interest amount of Rs.1,93,800/- with further interest thereon till the payment.
7. The Appellant received a reply from the Opposite Party No.2 vide letter dated
24.07.2013 stating that PPF A/c was not be accepted after maturity i.e. after 31.03.2012 but by mistake deposit of Rs.1,00,000/- was accepted on 12.05.2012. Also stated that at the time of closing this amount of Rs.1,00,000/- was returned without interest and being a HUF account, further interest was not given. Therefore, being aggrieved appellant/org.complainant had filed the consumer complaint before the Ld.District Consumer Commission. After hearing both the parties, the Ld.District Consumer Commission has dismissed the consumer complaint without being duly considering the facts and circumstances and submissions of the complainant. Therefore, the present appeal is filed by the appellant on the following grounds:-
GROUND OF APPEAL-
8. The appellant was entitled to get interest for a period of 01/04/2012 to
31/03/2013. The same was not extended. However, it is admitted on the part of the opponent no.3 that the entries were made and an amount of Rs.1 lakh has been accepted by the concerned Clerk.