F.A.No.736/2007   against  C.C.No.23/2007  ,  District Forum-II, Hyderabad . 

Between-

The Senior Superintendent of Post Offices,

Hyderabad City Division,

Hyderabad-500 001.                                                                             ...Appellant/

                                                                                                                    Opp.party

         And

D.Janardhan,

S/o.Sri Raja Ram, aged about 55 years,

R/o.H.No.8-3-234/355,

Lakshmi Narasimha Nagar,

Yousufguda,

Hyderabad-500 045.                                                                             ...Respondent/

                                                                                                                    Complainant

Counsel for the appellant               -                          Mr.V.Vinod Kumar          

Counsel for the respondent            -                          Mr.T.Bal Reddy

CORAM-      SMT M.SHREESHA, HON’BLE MEMBER  

                                 AND    

             SRI G.BHOOPATHI REDDY, HON’BLE MEMBER                                                                                                                                                    

                     TUESDAY, THE  FIFTH     DAY OF AUGUST,

         TWO THOUSAND EIGHT .

Oral Order -  (Per Sri G.Bhoopathi Reddy, Hon’ble Member)

                                                            ----

                  This is an appeal filed by the appellant/opp.party under Section 15 of the Consumer Protection Act,1986  to set aside the orders  passed by the District Forum-II, Hyderabad   in  C.C.No.23/2007 dt. 30.4.2007.

                The respondent herein is the complainant  before  District Forum.  He filed complaint under Section 12 of the  Consumer Protection Act, 1986 to direct the opp.party to   clear off the loan of Rs.20,000/-  under PLI policy no.AP 44314-UC and to issue receipts for the same to the complainant , to pay a sum  of Rs.2,000/-  towards the mental agony and  inconvenience  caused to the complainant and to pay Rs.3000/-  legal expenses  

The case of the complainant is as follows-

The complainant obtained loan  from the opposite party post office under the Postal Life Insurance Policy Scheme and was regular in paying back his loan amounts.  However he paid a lumpsum amount of Rs.20,000/- to the Asst. Post Master ,Yousufguda Post Office  who has issued a receipt on a white paper with post office stamp and assured that he will give a proper receipt after receiving the fresh receipt book from the Head Office.     The complainant approached the Asst. Post Master several times  but he evaded the requests of the complainant.  The complainant informed the same to the postal authorities  and  an enquiry officer approached the complainant  and after receiving   complaint from  the complainant and the receipt   issued by the Asst. Post Master,   he has  issued another receipt and assured the complainant  that the matter will be enquired into.   Later the postal authorities dismissed the complaint of the complainant.    Alleging deficiency in service on the part of  opposite party, the complainant   approached the  District Forum to direct the opp.party to   clear off the loan of Rs.20,000/-  under PLI policy no.AP 44314-UC and to issue receipts for the same to the complainant,  to pay a sum  of Rs.2,000/-  towards the mental agony and  inconvenience  caused to the complainant and to pay Rs.3000/-  legal expenses 

     The opp.party filed counter   contending that    the complainant’s way of   paying back the loan taken against  the PLI  policy is not in accordance with procedure prescribed by the Department . The complainant  has accepted an unauthorised white paper receipt given by the Postal Assistant  without any objection for the obvious reasons i.e. his friendship and unofficial transaction   and he kept silent without complaining to higher authorities of the Department till 11.3.2002.  On close examination of the transaction it is found that the said receipt was  created out  of  friendship and personal acquittance of the complainant  and the Postal Assistant Sri Prabhakar Rao . The opposite party closed the case of the complainant as the money was not deposited into their  account. The  opp.party stated that there is no deficiency in service on their part and prayed for dismissal of the complaint.

          The complainant filed evidence affidavit , written arguments and  documents Exs.A1 to A8 . The opp.party filed  written arguments and documents  Exs. B1 to B7. The District Forum  based on the evidence adduced and pleadings  allowed the complaint directing the opp.party to clear off the  loan amount of Rs.20,000/-  under PLI policy no.AP 44314-UC  and to issue proper authenticated receipts to the complainant and the  The opposite party is also liable to pay an amount of Rs.5,000/- towards compensation and Rs.1000/- towards costs of the complaint .             

            Aggrieved by the said order  the opposite party preferred this appeal .

           The point for determination arises in this appeal  is  whether the order passed by the District Forum is sustainable-

            The appellant submits  that the order passed by the District Forum is arbitrary, illegal and against law and is liable to be set aside.  The District Forum  erred in not appreciating the evidence placed before it Ex.B2  written statement  of the complainant that he gave the  money to the Postal Assistant on 2.8.2001  and never insisted on issuance of a proper receipt nor insisted  on   taking  properly recorded   receipt in the pass book issued to him for the purpose of repayment of instalments. . The District Forum  has not properly appreciated Ex. B7 wherein the postal assistant had issued a white paper receipt dt.2.8.2001  clearly indicating -Received Rs.20,000/-  Twenty thousand from Janardhan ... for personal loan on 2.8.2001-   . The  appellant  prayed to set aside the order of the District Forum and allow the appeal.

      There is no dispute with regard to the  complainant has obtained loan from the opp.party post office under the Postal  Life Insurance Policy taken by him     and was regular in paying back his loan amounts.  The complainant has paid lumpsum  amount of of Rs.20,000/-  to the Asst. Post Master , Yousufguda Post Office   who has issued a    white  paper receipt Ex.B7   is also an admitted fact.    The appellant   contended that the receipt  Ex.B7 dt. 2.8.2001  issued  by the Postal Assistant is   for receiving   Rs.20,000/-  towards  personal loan.    The respondent resisted the plea that Ex.B7  was issued by the Postal Asst. in official capacity , the District Forum has properly discussed and given finding.      We  have gone through Ex.B7 receipt .   In the said receipt it is stated  that  -Received   Rs.20,000/-  from Janardhan  for personal     loan on 2.8.2001-. The said receipt is having a postal stamp   and the    signature of    the Asst. Supdt. of Post offices .  The appellant further contended that there was no entry in the pass book  with regard to the receiving of Rs.20,000/-  by postal authorities   The submission made by the appellant is not  sustainable.    The Postal Department employee taken Rs,.20,000/-  towards the  loan amount and he has not made an entry in the pass book and also not accounted towards the loan amount.  . Ex.A3 is the letter addressed by complainant to  SSPO City Division, Hyderabad .  In the said letter   the complainant  has mentioned that  he had  made repayment of PLI  for the A/c.No.AP/44314-UC loan amount   to Mr.A.Prabhakar Rao, at Yousufguda Post office  who   has issued  a receipt with  post office seal  and requested to clear his loan account.   Ex.A4 and B7 are one and the same documents.  Ex.A6 is the letter addressed by the Sr.Supdt.  of Post Offices, Hyderabad, City Division   to the complainant stating  that - there was no  authenticated document in support of the claim  i.e. there is no entry of Rs.20,000/- in loan repayment receipt book and in the hand receipt, it was noted as personal loan.-.   Prior to filing of the complaint legal notice  Ex.A7 was issued by the complainant which was served on the opposite party  for which no reply was given  by the  opp.party.  Ex.B2  is a statement given by  the complainant.  In that statement also he has stated that he has obtained postal   life insurance policy of Rs.60,000/-  and on the said policy he has taken loan of Rs.18,450/- and every month  he had been paying premium amounts to the post office and obtaining receipts   and he  has gone to the post office on 2.8.2001 with  Rs.20,000/- and loan book  and gave them to  postal employee working in  that office Mr. Prabhakar Rao  and  he has issued a  receipt   with his signature and  postal stamp   and he  informed that  after obtaining receipt book  the receipt will be issued . As per the documentary evidence goes to show that the Asst. Post Master , Yousufguda  was the agent of the opposite party who is absconding  The Postal Asst. after receiving Rs.20,000/- from  the complainant issued a   white paper receipt   Ex.A4   with stamp and signature stating that there was no receipt book available and promised to give original receipt after some time . The said document is to be treated as an  authenticated document.   When the complainant has complained to higher authorities , a fresh receipt Ex.A5  was  issued  by Dy.Supdt. of Post Offices and promised to  look into the matter  .   The District Forum elaborately discussed and given finding that the opp.party is liable to clear off the loan amount of  Rs.20,000/- and to  issue proper authenticated receipts to the complainant  and  directed the opp.party to pay  Rs.5000/- towards compensation and Rs.1000/-.   In the circumstances of the case we are of the opinion that the  order of the District Forum with regard to direction to the opp.party to pay compensation of Rs.5000/- to the complainant is not sustainable. 

     In the result appeal is partly allowed. Order of the District Forum  with regard to the direction to the opp.party to pay Rs.5000/- towards compensation     is set aside.  In all  other aspects order of the District Forum  is confirmed .   In the circumstances without costs.

                                                                       LADY MEMBER         MALE MEMBER

                                                                                                Dt.  5.8.2008