Haryana

Karnal

CC/613/2020

Jiya - Complainant(s)

Versus

Assistant Postmaster General - Opp.Party(s)

Manmeet Singh Cheema

08 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                          Complaint No. 613 of 2020

                                                          Date of instt.23.12.2020

                                                          Date of Decision 08.04.2024

 

Jiya minor aged about 10 years d/o of Shri Rishi Pal son of Shri Roshan Lal, minor through her father Shri Rishi Pal, being natural guardian and he has got no adverse interest to that of the minor, resident of village Hanori, Tehsil Indri, District Karnal. Aadhar no.858876893232.

 

                                                 …….Complainant.

                                              Versus

 

1. Assistant Postmaster General (inv.) Haryana Circle, Ambala-133001.
2. The Senior Superintendent of Post Office, Karnal Division, Karnal.

 

                                                                 …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh.Vineet Kaushik ………..Member

              Dr. Suman Singh…….Member

 

 Argued by: Shri Amrit Pal Malik, counsel for the complainant.

                    Shri Surender Saini, counsel for the OPs.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant opened an account in the name of his daughter namely Jiya under Sukanya Samridhi Yojna (SSY) in the post office of OPs situated at village Hinori, Tehsil Indri, District Karnal vide account no.6050482 and new account I.D. No.9096495415. The complainant usually deposit money in the said SSA account with the employee of OPs in branch office at village Hinori, Tehsil Indri, District Karnal and concerned official made entry in the passbook and also put the stamp of OPs and also undertake that the said amount has been deposited to OPs. As per the passbook entered by the official of OPs, the complainant got deposited Rs.42,000/- in the said SSA account till year 2018. Mr. Rakesh, Assistant Superintendent and other officials of post office, Karnal, came to the post office of Hinori and contacted the account holders and disclosed that Mr. Manoj Kumar (Post Master) misappropriated the Government money and ran away, and the OPs had already lodged a FIR No.311 dated 29.06.2019 against said post master. Thereafter, Mr.Rakesh get the passbook from the complainant and took the signature of complainant on some forms and statements by giving false assurance that the complainant need not to worry about the amount deposited in the abovesaid account as OPs are responsible for the said amount as the abovesaid money belongs to the Government post office. OPs issued a duplicate passbook with online account I.D. and disclosed that only Rs.17116/- including interest is lying deposited in the account of daughter of complainant. It is further alleged that complainant had deposited Rs.42000/- in the said SSa account and official of OPs had made entry in the passbook of the complainant, which clearly proves that the complainant had deposited Rs.42000/- in the account of his minor daughter namely Jiya and entitled to get back the said amount in the abovesaid SSA. The complainant approached to the OPs and asked about the deposited amount and on the advice of OPs, the complainant moved a written complaint to the OPs that there is no fault on the part of the complainant and hence the complainant is entitled to get remaining Rs.28000/- alongwith interest from the OPs. Thereafter, complainant visited the office of OPs several times and asked about the status of amount of abovesaid SSA but OPs always postponed the matter on one pretext or the other. OPs have already passed the claim of some account holders of post office Hinori in the same matter. Lateron, OPs vide letter dated 10.09.2020 has rejected the claim of the complainant. After receiving the said letter the complainant approached to OPs and asked the reason for rejecting the claim of complainant, but OPs have not given any satisfactory reply to the complainant. Then complainant sent a legal notice dated 06.10.2020 to the OPs. In reply of said legal notice, OPs replied the same and stated that the SSA account no.9096495231 stands opened in the name of Jiya and the passbook balance is Rs.42000/- and further stated that Shri Manoj Kumar the then Branch Post Master, Hinori BO misappropriated Government Money. The OPs further accepted that some claims of account holders have already been sanctioned by the competent authority. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that SSA Account no.9096495415 was opened in Hinori Branch post office in the name of Jiya. As per passbook, an amount of Rs.42,000/- is shown to be deposited as on 12.12.2017 and as per government record, it is Rs.17,116/- as on 31.03.2018. Thus, the amount has not been deposited as per government record. The then branch postmaster, Hinori misappropriated government funds and in this regard, an FIR No.311 dated 29.06.2019 has been got registered against the said post master in police station Indri. As per government record, duplicate passbook was issued with balance of Rs.17116/-. After considering the claim, the competent authority has rightly been rejected the claim of the complainant as per rules. Thus, the depositor is not entitled for restoration of amount in the said amount. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence affidavit of father of complainant Ex.CW1/A, copy of aadhar card of Rishipal Ex.C1, copy of aadhar card of complainant Jiya Ex.C2, copy of new passbook Ex.C3, copy of old passbook Ex.C4, copy of notice to refuse the claim Ex.C5, copy of legal notice Ex.C6, copy of reply of legal notice Ex.C7, postal AD Ex.C8 and closed the evidence on 25.01.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Megh Raj Mittal, Senior Superintendent of Post Office Ex.OP1/A and closed the evidence on 30.11.2023 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that complainant opened an account in the name of his daughter Jiya under Sukanya Samridhi Yojna (SSA) in the post office of OPs situated at village Hinori, Tehsil Indri, District Karnal. The father of complainant got deposited Rs.42,000/- in the said SSA account till the year 2018. The officers of the OPs visited in Hinori Branch and disclosed that Mr. Manoj Kumar (Post Master) misappropriated the Government money and ran away and he has deposited only Rs.17,116/- in the said account. The complainant visited the office of OPs several times and requested to pay the remaining amount of Rs.28000/- alongwith interest but OPs did not pay any attention to the request of complainant and rejected the claim of the complainant on 10.02.2021, on false and frivolus grounds and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that as per passbook, the balance amount is Rs.42,000/- and as per government record, only an amount of Rs.17,116/- is lying deposited in the said account. An FIR No.311 dated 29.06.2019 has been got registered against the then postmaster by the OPs.  After considering the claim, the same has been rightly rejected by the competent authority and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, as per passbook issued by Manoj Kumar Post Master an amount of Rs.42,000/- has been deposited in the said account. It is also admitted that on inquiry it has been transpired that Mr.Manoj Kumar, the then postmaster has misappropriated the government funds, while not depositing the actual amount in the government account. An FIR was also lodged against the said employee. It is also admitted that Mr.Manoj Kumar, was the employee of the OPs.

11.           Now the question arises for consideration is that whether the concerned department i.e. OPs are liable for the wrong act of its employees or not?

12.           Manoj Kumar (Post Master) was employee of the Postal Department and posted at Branch of village Hinori, District Karnal. The OPs have not denied the entry made by Manoj Kumar and also not denied the factum of stamp appended by him on the passbook of account holder. For the wrong act as well as only misappropriation committed by the employee of the OPs, the account holders cannot be held liable. Thus the Post Office is accountable for his mis-conduct and the complainant is entitled for the deposited amount alongwith interest from the post office and its vicarious liability of the OPs. In this regard, we relied upon the case law titled as Branch Manager, Central Bank of India Versus Bagwan Vishnoo Mahadeshwar 1(2004) CPJ 193 wherein it is held that deposits were regularly paid to the Agent, under Mini Deposit Scheme. Entries were made in the pass book evidencing payment. Agent Committed fraud and did not deposit the amount in bank. Under those circumstances, it was held by Hon’ble Maharashtra State Consumer Disputes Redressal Commission, Mumbai that the bank was accountable for the misconduct of the Agent. Further, in case titled as National Insurance Co. Ltd. Vs. Risheendran Nambiar and others in Revision Petition no.2153 of 2010, decided on 14.03.2018 wherein it is held that the insurer shall be responsible for all the acts and omissions of its agents including violation of code of conduct specified under clause (h) of sub section (3) and liable to a penalty which may extend to one crore rupees.  Further, in case titled as Post Office & Anr. Vs. Akhilesh Grover in Revision Petition no.1278 of 2016, decided on 06.10.2017 wherein it is held that not delivering the speed post article to its addressee clearly constituted a willful act of deficiency in service of their part. Further, in case titled as State of Maharashtra and Ors. Vs. Kanchanmala Vijyasing Shirke and Ors in Civil Appeal no.7564 of 1995 (Arising out of S.L.P. (Civil ) no.3298 of 1993) date of decision 22.08.1995 of wherein the Hon’ble Supreme Court has held that vicarious liability Accident-Driver under the influence of liquor authorized a clerk to drive-Jeep belonging is state Government the scooter resulting in a fatal accident-Held, that it is a negligent act in the course of employment-Further held that the State cannot escape its vicarious liability to pay compensation to the heirs of the victim. Further, in case titled as Rigid Global (India) Versus Iffco Tokio General Insurance Company Ltd. and others 2008(2) CPJ 365 wherein Hon’ble State Commission Rajasthan held that misrepresentation or fraud, principal is liable for agents’ fraud acting within scope of his authority, whether fraud is committed for benefit of principal or for benefit of agent.

13.           Keeping in view the ratio of the law laid down in the abovesaid judgments and facts and circumstances of the complaint, the OPs are liable for the wrong act committed by its employee.  Thus, the act of the OPs while not deposited the entire amount in the account of account holder amounts to deficiency in service and unfair trade practice.            

14.           As per passbook Ex.C3, date of opening of account is 30.03.2015, date of birth of account holder is 15.10.2010, date of majority of the account holder is 15.10.2028 and date of maturity of the deposited amount is 31.03.2029.

15.           Complainant has deposited Rs.42,000/- with the OPs but the OPs have shown as Rs.17,116/- in the said account, thus, the OPs are liable to deposit the remaining amount in the account of the account holder, as the same was actually deposited by the complainant and has shown in the original passbook issued by Manoj Kumar, the then Postmaster.

16.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to deposit remaining amount in the account of the account holder as the same was actually deposited by the account holder has  shown in the passbook issued by  Manoj Kumar the then Post Master. We further direct the OPs to pay the whole amount on the date of maturity alongwith all the benefits as prescribed under the Sukanya Samridhi Yojna. We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by her and for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.               

Announced

Dated:08.04.2024.                                                                   

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

       

                  (Vineet Kaushik)              (Dr. Suman Singh)

               Member                             Member