Smt. Sangita Paul, Member
This is a case was filed by Dr. Sudhir Ghosh, S/o. Late Mohinimohan Ghosh, Kalyani Ghosh, W/o. Dr. Sudhir Ghosh both of them are residing at 50/26, Mahatma Gandhi Road, P.O. – Budge Budge Natun Bazar, Ward No.12, P.S. – Budge Budge, Kolkata – 700 137 and Arabinda Ghosh, S/o. Late Dr. Mohimohan Ghosh residing at 55/1, Kshitramohan Banerjee Lane, Shibpur, Shibpur Hawrah Municipal Corporation, Pin 711 102 against authorized signatory of Budge Budge Natun Bazar Post Office, with a prayer for a direction upon the OP to refund the illegal withdrawals amounting to Rs.1,52,000/- with 10% interest for delay payment to the complainant, to pay compensation of Rs.1,00,000/- to the complainant for his suffering from mental pain and agony.
The OP is authorized signatory of Budge Budge Natun Bazar Post Office, P.O. – Budge Budge Naturn Bazar, P.S. – Budge Budge, Pin – 700 137. The address of Divisional Office is Superintendent of Post Offices, Baruipur Division, P.O. and P.S. – Baruipur, Kolkata – 700 144.
The complainant, by filing the case states that being satisfied and allured by the presentation of the OP and relying on the terms and conditions, the complainant has opened a Saving Bank Account as General, the complainant did not want to avail any cheque facility. The said Account was opened on 14.03.2017, Account No. is 3564629816 and CIF ID is 334497055. The complainant, suddenly came to know that on 16.11.2018 of Rs.10,000/- on 22.11.2018 of s.50,000/- and 30.11.2018 of Rs.92,000/- were withdrawn illegally. The complainant stated that they never withdrew, they never instructed anyone to withdraw money from this said Account. Due to the OP’s system generated problem, the updated version of the said Account was not available at that time. On 20.12.2021, the complainant sent letter to the Superintendent of Post Offices. The letter was received by them but the complainant did not get any reply from the OP. On 07.07.2022 from Superintendent of Post Officers, Baruipur Division that as per office record it is found that the aforesaid two withdrawals had been done by the complainants.
In reply, the complainant states that the complainant lodged complainant about 3 illegal withdrawals whereas the Post Office talked about two withdrawals and remained silent about one more withdrawal.
The statement of the said Post Offices was denied by the complainants. The complainants are old aged person. They want refund of illegal withdrawal. Due to negligence of the OP, the complainants are facing problems.
The complainant sent letter on 08.08.2022 to A.D.P.S. Vigilance (Annexure-D). The OP did not give any reply. On 25.08.2022, the complainant filed a complaint before Assistant Director, Consumer Affairs and Fair Business Practice. But the OP did not solve the matter. Finding no other way, the complainant filed the instant complaint.
The cause of action arose on 16.11.2018, 22.11.2018, 30.11.2018 and lastly on 22.07.2022 and 25.08.2022. It appears that the OP did not refund money. Hence the complainant prays for a direction upon the OP to refund the illegal withdrawals amounting to Rs.1,52,000/- (Rs.1,00,000/- +Rs.50,000/- and Rs.92,000/-) with 10% interest for the delay payment to the complainant, to pay a sum of compensation of Rs.1,00,000/- to the complainant for his suffering from mental pain and agony.
That the case was filed on 07.12.2022. The case was admitted on 21.12.2022. On 02.04.2023, Ld. Lawyer of the complainant is present and files postal track report which shows that the notice upon the OP was served on 30.01.2023. On 17.03.2023, Ld. Lawyer of the complainant is present. No step is taken by the OP. No W/V is filed. OP is absent on call. The statutory period for filing W/V is already expired. So the case proceeded ex-parte against the O.P.. On 25.04.2023, the complainant, by filing a petition prays for treating his complaint petition as evidence on affidavit. The prayer of the complainant was allowed. On 05.06.2023, the complainant prays for treating his complaint petition as BNA. Prayer of the complainant was allowed. Argument was heard. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Are the complainants, consumers?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of documents and records, it appears that the complainants opened a Saving Bank Account – General, at Budge Budge Natun Bazar Post Office. As the complainant deposited money in the said Post Office, they are consumers U/S 2(7) of the C P Act, 2019. So the first point is decided in favour of the complainants.
Point No:2 :
The complainants are account holders of Budge Budge Natun Bazar Post Office. Being allured by the terms and conditions, the complainants opened a Savings Bank Account – General. The account was opened on 14.03.2017. The Account No. was 3564629816. The complainants realized that on 16.11.2018, Rs.10,000/- on 22.11.2018 Rs.50,000/- and on 30.11.2018 Rs.92,000/- were withdrawn from his account. The complainants were surprised. They could not understand the cause of withdrawal. The complainants could not update their problem due to problem of Post Office. The officials of Budge Budge Natun Bazar Post Office failed to throw any light on the mysterious withdrawal. Without the complainants’ consent Rs.1,52,000/- was withdrawn from the account of the complainants. The complainants deposited money in the Post Office for safety and security, but the contrary happened. The complainant also sent letter. The Post Master General and Superintendent of Post Office, Baruipur Division, but with no effect. Three withdrawals were made, but the Post Office talked about two withdrawals, and remained silent about the third withdrawals. The authority of Post Office holds that the two withdrawals were made by the complainants. The Post Office wants to evade their responsibility. It is due to unfair trade practice and deficiency in service adopted by the OP. The Post Office is the caretaker of all the accounts. P:ost Office is answerable to the client. But the Post Office could not help the complainants disseminating adequate information regarding three withdrawals. Hence the 2nd point is decided in favour of the complainant and against the OP.
Point No:3 :
The complainants deposited money. They did not withdrew money on 3 occasions, mentioned in the complaint petition. The pass book reflects that the account statement where it has been shown that Rs.10,000/-, s.50,000/- and Rs.92,000/- has been debited fraudulently on 16.11.2018, 22.11.2018 and 30.11.2018 respectively from the complainants’ account. The Post Office is unable to give any explanation. It is due to the problem inherent in the system. The complainants faced monetary loss and spend time in mental agony and pain. It appears strange that money has been debited from the complainants account without complainants’ signature on the pay slip. The complainant faced monetary loss for no fault of their own. Hence the complainants are entitled to get relief as prayed for. So the 3rd point is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed ex-parte against the OP with cost of Rs.10,000/- (Rupees ten thousand).
That the OP is directed to refund the amount of Rs.1,52,000/- (Rs.10,000/- + Rs.50,000/- + Rs.92,000/- with 9% simple interest w.e.f. 16.11.2018 till realization within 45 days from the date of this order.
That the OP is directed to pay compensation to the tune of Rs.50,000/- to the complainants within 45 days from the date of this order for deficiency in service, mental pain and agony and harassment suffered by the complainants.
That the litigation cost of Rs.10,000/- is to be paid by the OP within stipulated period of 45 days.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
