Order-12.
Date-08/05/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainants on 09-02-2001 purchased ten National Savings Certificates (N.S.C.) at the rateINR 10,000/- bearing nos.32EE597860 to 32EE597869 totaling to INR 1,00,000/- from the OPs and those certificates have the Regd. No.9343 and were to mature on 09-02-2007.
That after purchase vide a letter dated 16-07-2002 the Senior Post Master, Alipore Head P.O. requested the complainant to submit all the above certificates to their office for examination on 24-07-2002 at 14-00 hrs. and the complainants submitted the same in time the original certificates and the Assistant Superintendant of Post Office (Investments) Alipore, H.P.O. issued a receipt for the same on 24-07-2002 but getting no information from the OPs after about one and half years on 09-02-2004 vide a letter dated 09-02-2004 complainants wanted to know the state of affairs of the said certificates but no reply received, so, again a reminder was sent to the Sr. Post Master Alipore H.P.O. on 04-01-2005 for their early reply and intervention in this regard and then they notified to the complainant vide their letter dated 14-01-2005 that some one hundred N.S. Certificates were missing from their Alipore Office and out of which some have been issued to the name of the complainants.
Therefore, complainant vide letter dated 28-02-2005 expressed their surprise as to how they could know and could be held responsible over the authenticity of the N.S.Cs, purchased across the counter of the said Post Office and further wanted the enquiry procedures to be completed immediately so that the maturity amount could be received on the date of maturity and in the meantime those certificates got matured on 09-02-2007 and complainants ran from pillar to posts to receive their hard earned money with due interests and again wrote a letter dated 29-10-2007 to the Chief Post Master general with copy to Senior Post Master Alipore H.P.O. detailing the happenings and early disbursements of the maturity amounts for the said N.S.C. at the earliest but in reply to the said letter dated 27-10-2010 he requested to visit him at his office on 12-11-2010 for settlement of claim and in spite of visiting no results achieved.
Pursuing the long pending issue, complainants contacted various offices and officers of the Postal Department but actually no fruitful result was achieved and they were completely silent over the matter and ultimately lastly on 06-08-2014 vide Registered Post with A/D complainants sent reminder to the OPs 2 and 3 and in reply to the said letter though Assistant Director of Postal Service, O/o. The Chief Postmaster General, West Bengal Circle, Kolkata – 700 012 directed the Assistant Director of Postal Services for necessary early action towards settlement of the claim but said OPs did not give any hope for that. Therefore, finding no other alternative complainants compelled to file this complaint before this Forum praying for maturity amount, compensation and other reliefs.
On the other hand, OP by filing written statement submitted that, in fact, complainant has no prima facie case to file the instant case and there was no negligence, fault or deficiency of service on the part of the OP.
Fact remains the present complaint is regarding alleged loss of 100 pieces of KVPs and 100 pieces of NSCs both of denomination of Rs.10,000/- which took place in the year 2000 at Alipore Head Post Office in course of supply to different Sub-Offices, out of the above noted KVP or NSC (98) 98 KVPs of denomination of Rs.10,000/- and 89 of denomination of Rs.10,000/- were fraudulently issued for which the department sustained loss to the tune of Rs.18,70,000/- and consequent upon detection of such fraudulent transaction, an FIR was lodged with Alipore Police Station. The case was registered as Alipore P.S. Case No.135 dated 20-07-2001 u/s. 409/467/471/120B IPC and 13(d) of P.C. Act and the police authority completed their investigation and has brought charge against Group D staff of Alipore H.O. and charge sheet had been submitted before the Court of Ld. 1st Spl. Court, Alipore on 22-12-2005 vide Spl Case No.09/2005 and VCGR No.2360 of 2001 which is still pending. On 24-07-2002 the following NSCs bearing No. 6NS-32EE 597860 to 869 dated 09-02-2001 denomination of Rs.10,000/- only Regd. No.9343 has been received from Uma Sarkar through A.S.P.O.s (INV) Alipore HO for investigation, thereafter it was intimated to Uma Sarkar that 100 piece of NSCs of denomination of Rs.10,000/- each had been missing from this office and some of them had been fraudulently issued. It appears that the said 10 certificates as particularized above are among the said 100 NSCs which had been missing and issued fraudulently and an FIR had been lodged as mentioned above and the case is still under investigation. However, complainant’s case has been referred to the higher authority for further instruction.
On 08-07-2004, 14-01-2005, 15-03-2006 several letters was issued to A.D.P.S.(INV) intimating the details of the case for necessary instruction towards settlement of the claim and the sale proceeds of the NSCs certificate as detailed above were not deposited in Govt. Account and the complainant failed to produce any evidence about the genuine purchase i.e. through cheque or through savings deposit. With regard to the statement made in para 3 of the complaint is denied and complainant purchased the alleged 10 NSCs of denomination Rs.10,000/- each bearing Nos.32EE597860 to 32EE 597869 totaling Rs.1 lakh Regd. No.9343 matured date 09-02-2007 from Alipore Head Post Office but it is completely a fabricated document. OP further submitted that those certificates are actually out of missing certificates for which the police case had been started and it is fraudulently obtained by the complainant without depositing or crediting any amount to Govt. Account so, the entire claim of the complaint is false and fabricated. Further it is submitted that these certificates were issued fraudulently in favour of the complainant and in this regard FIR had already been lodged and Criminal Case is pending and complainant is well aware of the fact that police investigation is going being G.R. No.2360 of 2001 before the Spl. Court at Alipore. It is specifically mentioned that alleged NSCs were fraudulently issued by Alipore, H.P.O., never issued the same as valid certificates and the complainant failed to produce any evidence about their genuine purchase and also failed to prove the mode of payment to purchase of the alleged NSCs whether it was purchased by cheques or through savings deposit and as because the same were not credited in the Govt. Account it is no doubt a fabricated document. Further it is submitted that there is no illegal trade practice on the part of the OP for harassment to the complainant and complainant with the help of some fraudulent act managed to procure it and tried to get benefit and in the above circumstances, the complaint should be dismissed.
Decision with Reasons
On comparative study of the complaint and the written version and further hearing the argument of Ld. Lawyers of both the parties it is admitted position that 6 years National Savings Certificate having denomination of Rs.10,000/- being Nos.6NS/32EE597560 to 869 are no doubt the NSCs of the Postal Department of the Alipore Head Post Office.
Fact remains Alipore Post Office received those NSCs from Uma Sarkar in original on 24-07-2002 (Annexure-C) and it is also proved from the letter of Department of Post Office of the Senior Post Master Alipore Head Post Office, Calcutta – 700 027 dated 26-07-2002 that Senior Post Master sent letter to the present complainant for submitting those original certificates and in that letter it is specifically mentioned that “from the office records it appears that the following certificates were issued in your name details of which are mentioned below the present NSCs” and on receipt of the said letter dated 16-07-2002 complainant Uma Sarkar probably the mother of the complainant submitted the certificates on 24-07-2002 and OP received the original NSCs.
Most interesting factor is that OP in their defence have submitted that on enquiry it was found that those NSCs along with other NSCs were missing from their custody if those NSCs were missing from the custody of the Post Office, then how the official record speak that those NSCs were issued in the name of the complainant and OP sent a letter to the complainant stating that from their record it appears that the present certificates were issued in the name of the complainant that means it is admitted by the OP by their letter 16-07-2002 being No.FD1-1/7/2001 that in the NSC details register with registration number these present disputed certificates were issued by the Post Office and Post Office authority admitted it by their letter and higher authority has not settled the matter as yet which is admitted by the OPs.
Most interesting factor is that OPs have tried to convince that manipulation or fraudulent act was done by their one employee and after detection they lodged complaint before police on 20-07-2001 whereas all those NSCs were issued on 09-02-2001 having registration no.9343 and the letter of the OP dated 16-07-2002 supports that in the official record name of the complainant along with their address, number of purchasing NSCs, registration numbers were there and after considering those detail in the official record of the OP they sent a letter to the complainant to submit the original certificates on 24-07-2002 and on that date those original NSCs were received by the OPs from the wife of the complainant. Then it is clear purchasers were not involved in purchasing the fraudulent document from the Post Office and complainants were not involved in any such fraudulent activities and the admitted position is that there are regular official note about the present NSCs and that is admitted by the OP in their letter dated 16-07-2002. If actually it was lost from the official custody in that case there was no scope to note down the registration number, name of purchaser etc. because said record is maintained by the Post Master and invariably that document is not produced before the Forum if that register would be produced before this Forum in that case this letter dated 16-07-2002 issued by Senior Post Master, Alipore Head Post Office would prove the genuinity of the NSCs and the allegation that one peon has committed such offence is nothing but a false plea taken only for the purpose to save the skin of the Responsible Postal Officers and Custodian Post Master.
Another factor is that if actually it was lost or missing then invariably at the time of day to day to sale it must be noted in the said register that certain numbers of NSCs are lost and only NSC received register it shall be noted but about that OPs are silent. We have gathered that OP has tried to convince that police case was started on 20-07-2001 against one Peon that is the hope of the administration to save the officers who are actually involved in such of fraudulent activities but whatever it may be for the sake of the argument if it is accepted that there is the fraudulent activities of their staff Nepal Krishna Mitra a peon then it is clear that under any circumstances, Nepal Krishna Mitra is not authorized to sell the NSCs or to issue NSCs and if actually Nepal Krishna Mitra issued such fraudulent NSCs in that case the details of the NSCs name of the purchaser of the NSC s registration numbers of the NSCs must not be in the record which is exclusively maintained by the Post Master not by the peon. But anyhow OP has tried to convince that when there is a pending P.S. case against the staff who is involved in such fraudulent act till disposal of this case, no consumer dispute can be decided but in this regard after applying our judicial mind and also the settled principles of Law including the letter of the OP admitting that the details of the said NSCs are in their record we are convinced to hold that nowhere in the written version or in the evidence OP has challenged the involvement of the complainant in respect of such fraudulent act. Then from the own document the OP has mentioned above so, it is clear in respect of those disputed NSCs about purchase about registration number in respect of the number of the NSCs name of the purchaser are vividly recorded in their records and after consulting the said official record OP wrote a letter to the complainant to produce all those documents as original NSCs and when that is the fact then how it can be said that complainant never purchased it. Most interesting factor is that as per provision of law and principle as laid down in so many judgment of the Hon’ble High Court and Supreme Court it is already observed that a person must not be deceived by any Govt. Authority in respect of any transaction or any document if it is proved that in the official document everything is OK and subsequently if it is detected by the Department that fraud has been committed by their employee in that case the authority who has admitted about the valid NSCs and detail are recorded in their official record then invariably the official institution or bank or post office are liable to reimburse the amount of that account holder and to pay the same. It must be mentioned in this regard that the NSCs papers are valid papers, details as noted in the NSCs are also in the official record and consulting official record they asked the complainant to submit it and complainant deposited the original, and it is within the custody of the OP then there is no scope on the part of the OP to deny that those documents were not purchased by the complainant. If any manipulation is made that is fraudulent act on the part of the OPs Post Office and for which complainant cannot be anyway deceived by the OP Post Office when there is no allegation against the complainant about his participation in respect of committing fraud made by their staff Nepal Kumar Mitra and another factor is that original NSCs were received by the Post Office Authority on 24-07-2002 but complaint was filed on 20-07-2001 against their employee but anywhere in the said complaint there was any allegation that this present complainant is co-partner of the said practicing fraud, Charge-sheet had been submitted against only that Nepal Kumar Mitra. Another factor is that during investigation of this case nothing was seized from the possession of the complainant and practically in the written version there was no allegation against the complainant about his participation in practicing fraud by the employee along with these complainants. So, considering all the above facts and materials we are convinced to hold that the said NSCs were sold from the office of the OPs and there is note in the official documents maintained by the Senior Staff that is Post Master. There is no denial that the seal or etc. are purported one in the NSCs, so, considering all the above facts we are convinced to hold that for practicing fraud by the staff of the post office complainant cannot suffer when he purchased it and admitted position is that all materials and details about those NSCs are in the office record of the OP and OP reported that as per office record they sent letter to the complainant for submitting original for examination when complainant submitted on the particular date so, there is no doubt that complainant is no way related with such fraud but from the OP’s own version and materials it is found that fraud had been practiced by the employee when that is the fact then it is clear that complainant paid good money, NSCs were purchased, which were handed over to the complainant on 09-02-2001 and peculiar factor is that OP by their letter dated 16-07-2002 admitted that registration Nos. of the NSCs is 9343 that means in the NSC register everything are properly noted along with address of the complainants for which they asked the complainant to submit it. Nowhere in the said letter there was any doubt about practicing fraud by the complainant and most interesting factor is that the said NSCs were issued on 09-02-2001 but first letter of examination of those NSCs was sent on 16-07-2002 after lapse of 17 months and within that period there was no such intimation to the complainant but peculiar factor is that complaint was filed that is FIR was lodged on 20-07-2001 and for what purpose it was required that was not reported though it is found that the documents were submitted by the complainant’s wife on 24-07-2002 and before that FIR was lodged on 20-07-2001 then it is clear that from 09-02-2001 to 24-07-2002 there was no doubt about the validity or existence of such disputed NSCs in the custody of OPs as per official record.
In this context, it is to be mentioned that for filing criminal case against their employee there is no ground to stop this proceeding in view of the fact it is completely a Civil Claim. Another factor is that there is a ruling in support of our finding and in similar type of case bank officers committed fraud and transfer the amount to third party account when in that judgment Hon’ble Justice M.B. Shah passed a judgment and confirmed that authority is liable to reimburse the amount of the customer if fraud is committed by the staff of that establishment and similar principle is applied in this case and we rely upon the ruling reported in 2008(1) CPR 424 (NC) and relying upon the judgment we are convinced to hold that in the present situation the OPs are bound to release the entire amount of NSCs that were already received by the OP from the complainant on 24-07-2002 and to give entire amount of the said NSCs on maturity including further interest after maturity date to the complainant and till the date of payment and OP shall have to pay the similar interest of NSCs over the total maturity amount from the date of maturity till full payment of the entire amount to the complainant and no doubt complainant has been harassed and suffered mental pain for the unfaithful, negligent manner of act on the part of the postal officers and staff for which OP shall have to pay litigation cost of Rs.10,000/- and also shall have to pay compensation to the extent of Rs.25,000/-.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the OPs with a cost of Rs.10,000/-.
OPs are jointly and severally directed to pay the entire maturity amount of the aforesaid NSCs of Rs.1,00,000/-(maturity date 09-07-2007) and also shall have to pay interest as per NSC norms over the maturity amount since the date of maturity and till its full payment of the same to the complainant and further for causing mental pain and agony and harassment to the complainant OP shall have to pay Rs.25,000/- as compensation to the complainant.
The entire payment including litigation cost and compensation and the maturity amount along with interest up to date shall be paid within one month from the date of this order failing which for non compliance and disobeyance of the Forum’s order OP shall have to pay penal damages at the rateRs.5,000/- per month till full satisfaction of the decree.
Even if it is found that OPs are reluctant to comply this order in that case OPs shall be prosecuted u/s.27 and 25 of the C.P. Act and further penalty and fine shall be imposed.
