Appeal to State Commisionto Msmath

7/27/2019 Appeal to State Commisionto Msmath

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Before the Hon'ble Consumer Disputes Redressal Commission (State Commission)

At Karnataka State Consumer Disputes Redressal Commission,

BANGALORE 560001

(Appellate Jurisdiction)

Memorandum of Appeal No. C.C.No84/2009 Of The District consumer Disputes

Redressal forum, Gulbarga.

IN THE MATTER OF

1. Name : Kalavati W/O Late Sidramayya MathFull Address: h.No 5-1-80,RAJEEVNAGAR

Village/Tehsil/District: AFZALPUR

District :Gulbarga,

2. Name : Mallikarjun.S.MathFull Address: h.No 5-1-80,RAJEEVNAGAR

Village/Tehsil/District: AFZALPUR

District :Gulbarga,585301

Mb no:9019710210/09026305491.

Email Id: [email protected]

[email protected]

APPELLANTS /COMPLAINANTS

(Complainant before District Forum)


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Versus

The Head Post Master,

Post Office,AFZALPUR,

At:Post:TQ:AFZALPUR,

Dist:Gulbarga

Ph.No 08470-283030

RESPONDENTS

Gulbarga (Opposite Parties before District Forum)

(By Smt. Vidyarani Bhat, D.G.P.)

The humble appeal of Appellant(s) above named most respectfully showed:

1. This appeal is directed under Section 15 of the Consumer Protection Act, 1986 against

the order of the District forum Gulbarga( The District Consumer Disputes Redressal

Forum, Gulbarga ) In application No.C.C. No.84/2009 of The District Consumer

Disputes Redressal Forum, Gulbarga passed on 22-02-2010 received by the appellant

on ---------------------------.

2. This appeal is filed within the time limit provided under Section 15 of the Consumer

Protection Act, 1986, as per rules of the Consumer Protection Rules ofKarnataka State

Consumer Disputes Redressal Commission, BANGALORE 560001

3. Brief facts of the case are stated hereunder

The complainant No.1 being the wife and the complainant No.2 being the son of late

Sidramayya Math, are legal representative of deceased Sidramayya Math, who was

retired Vice Principal had opened MIS (monthly Income Scheme)account No.1030 for


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amount of 2,40,000/- with OP on 05-01-2001 and the maturity period of the said account

was for six years, which was matured on 05-01-2007 and he had been getting monthly

interest of Rs 2200/- at the rate of 8.5% for the above said amount and on maturity he

was eligible to get 10% bonus. Further it is the case of the complaint that, late

Sidramayya math while opening the said had mentioned his wife i.e . Complainant No 1

as a nominee for the said account, but the concerned officer has not mentioned the name

of nominee in the passbook. Further it is the case of the complainants that, late

Sidramayya math also opened SB account and Rd account along with the above said

account with OP. But unfortunately the said account holder Sidramayya math died on 23-

05-2006 and immediately the complainants informed this fact to the OP on 20-7-2006 by

producing the death certificate issued by competent authority. Then the OP asked them to

submit their claim for SB. Account and R.D Account and in respect of MIS 1030

(Monthly income scheme)is account is concerned ,OP advised the complainants to wait

for maturity of the said account, as it was going to mature within six months, in order to

get 10%bonus on the said account, otherwise they will loose the bonus for prematureclosure of the said account. Accordingly they applied their claim for the first two

accounts SB &RD and since OP convinced them to wait till maturity of MIS account

which I would mature on 1-5-2007, for getting the bonus. They waited till maturity of the

said account, when they submitted their First claim on 22012007 immediately after its

maturity. The OP rejected the claim by sending a letter dated 02032007.asking them to

obtain succession certificate from Court of Law, on the ground that, there is no nominee,

Though the complainants asked OP to verify the original application form, but they

failed to verify the same and insisted for obtaining succession certificate. As result of

which the said amount in the MIS account was withheld and since there was no other

source of income, the complainants were incurred personal loans with higher interest, asresult, they suffered heavy financial loss. Further it is the case of the complaints that ,

around December 2007 OP agreed to check the nominee name in original application

form, When they found the name of complainant No 1,who is wife of deceased

Sidramayya math had been shown as nominee. Thereafter they asked the complaints to

resubmit their claim and accordingly on 06-12-2007when they resubmitted their claim,

finally they settled their account on maturity by paying Rs 2,91,400 /- that i.e Principal

amount Rs 2.40,000/- Plus 10% bonus 24,000/- plus Monthly income from may (death)

to maturity JAN2007 i.e Rs 17,600 , and simply interest at rate of 4.5% for 2,81,600 for

a period of15 months was 9800. But it is a case of the complainants that, Because of

negligence of the OP their claim was postponed for a period of 15 months. As result of

which they suffered huge financial loss by loosing the interest of 10% on the amount of

maturity (Rs 2,81,600/-) and due to non availability of fund, they incurred the personal

loan with higher interest , which was payable to complainants, so there is gross

negligence and deficiency of service on the part of OP .So They are constrained to file

this complaint claiming compensation of Rs.1,50,000/- from OP.


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4. The grounds on which appeal is preferred are stated here under:

a. The District Consumer Disputes Redressal Forum, Gulbarga, Ordered OP topay Rs 10,000/-(Rs.Ten thousand) to the he complainants to wards the

deficiency in the service and also pay Rs 2000(Two thousand) towards the cost

of proceedings.

b. The Compensation amount is lesser than actual interest lost on Rs 2, 81,600 /-)Rs. Two lakh eighty one thousand six hundred rupees only) for a period of 15

months. The monthly interest for MIS 1030 with interest rate of 8.5% for Rs,

2, 40,000 was Rs 2200 for a month, the Actual loss of monthly income at the

rate of existing interests at that time was 10% and interest for cumulative

monthly interest.

c. The OP paid the interest at rate of 3.5% of Rs 9,800 for principal amount ofRs 2,81,600 for period of 15 months, without any mistake of complainants,The OP admits the deficiency of services but will not take responsibilities of

direct and indirect losses to complainants

d. The District Consumer Disputes Redressal Forum, Gulbarga, agree thedeficiency in the service but failed to identity the direct and indirect financial

and mental pressure on complainants aroused purely due impact of deficiency

of service from application of first settlement 20-01-2007 to final

settlement11-03-2008.

e. Without measuring the financial burden aroused due to deficiency of serviceand its result on mental health of illiterate, old age widow with unsettled sons,

entirely dependent family.

f. The District Consumer Disputes Redressal Forum, Gulbarga, opinion withoutany basis for compensation. Just admits the deficiency of service and orders

the symbolic compensation of Rs 10,000. If complainant kept the same amount

as fixed deposited at existing rate of 10% with any bank quarterly accrued

interest of 10% complainant would have got more than Rs 40,000. The

complainant feels the District Consumer Disputes Redressal Forum, Gulbarga

taken decision without measuring its financial and non financial impact of

deficiency on complainants.

g. The appellants/complainants, It is, therefore respectfully prayed that your lordmay be graciously pleased to the appeal and set aside/modify the order the

District forum against. Considering the impact of direct and indirect financial

impacts of deficiency of service and its impact on mental health of illiterate


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and old age widow, with family of dependent non incomed sons for period of

15 months.

5. The appellant has not preferred any other appeal against the order impugned herein.

6. PRAYER: It is, therefore, respectfully prayed that your Lordship may be graciously

pleased to allow the appeal and set aside/modify the order of the District Forum appealed

against.

7.List of enclosures:

Certified copy of the order of the District Forum appealed against.

Affidavit.

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PLACE: ------------------

DATE: ------------------ SIGNATURE

(To be signed by the Appellant and Authorized Representative/Associate).

Documents

Appeal to State Commisionto Msmath