This case has arisen out of application U/s 12 of the Consumer Protection Act, 1986.
The case of the complainant is that she is an uneducated village lady, opened a savings account No:3407011624 before O.P.No-1 and from 24.10.2016 she started to deposit money in her said account till 16.05.2019. Suddenly due to financial crises on 25.07.2019 she went to O.P.No-1 to withdraw money from her said account, then she came to know from other office staff that O.P.No-1 is not coming in the office after mis appropriating huge money from the office and the customers including complainant and fled away. Thereafter she met with O.P.No-2 & 3 and demanded her money but they did not take any step and denied their responsibility. O.P.No-2 & 3 are the essential part of department of Post and O.P.No-1 is the subordinate employee of O.P.No-2 & 3 so they are vicariously liable for the acts of O.P.No-1. She lodged this complaint with a prayer for getting deposited sum Rs.17,172/- with interest, compensation of Rs.50,000/- for physical and mental harassment and litigation cost of Rs.10,000/-.
O.Ps contested the case by filing W.V stating that the deposited money was withdrawn by the complainant, showing in Finacle, Passbook and Withdrawal Slips so the case is not maintainable for non-joinder and mis-joinder of necessary parties and the cause of action does not arose and the case is liable to be dismissed.
Points for consideration:-
- Whether there was/ is any deficiency in service or unfair trade practice on the part of the O.P which gives rise cause of action to file the case?
- Whether the complainant is entitled to get relief (s) as prayed for?
D e c i s i o n w i t h r e a s o n s
The complainant submits original Savings Bank Passbook of Faridpur Sub-Post Office vide S.B A/c No:-3407011624, opened on 24.10.2016 & she deposited Rs.7,000/- in her said account lastly on 16.05.2019 and balance shows Rs.17,172/- as on 16.05.2019.
O.Ps admit that as per the office records Debasish Sarkar was posted as sub Post Master (BPM), Faridpur, in between 2014 to 2019 but denied that he is attending the office, stating that as per GDS rule, there is no provision to maintain attendance register for GDS officials of Branch Post office.
O.Ps admit that the Postal Department filed complaint against said Debasish Sarkar before Kaliyaganj Police Station and that camp was organized by Postal Department on 22.02.2021 & 23.02.2021 where Mr. R.K.Verma, ASP (HQ) Dinajpur DN, Balurghat, Mr. R. Lama ASPOS, Raiganj Sub DN and Mr. R. Kundu SDI (P), Kaliyaganj Sub DN were the members of the squad and said squad submitted their report on 24.02.2021 that BPM, Faridpur BO tampered depositors name, address, PR No., Date of Issue, date of transaction, deposited amount, balance and date of SPM’s signature in several passbooks and documents, mentioning further that on examination of depositors passbook record it was found that in the covering of passbook scheme was tampered from “SB” to “TD” by the BPM, Faridpur BO.
O.Ps replied to Question No:-11 of complainant’s questionery that-as per bare observation the signature of Smt. Nimta Bala Debsharma, available in withdrawal vouchers (SB-7) and in Account Opening Form matches with one another. Five nos of Withdrawal Form (SB-7) are produced showing withdrawal of Rs.3,000/- dated 15.11.2016, Rs.1,000/- dated 28.01.2017, Rs.4,000/- dated 14.03.2018, Rs.5,000/- dated 12.04.2019, Rs.5,000/- dated 09.05.2019 in total Rs.18,000/-. We found signatures of the complainant appearing in withdrawal forms (SB-7) are apparently matches with the signature appearing in the complaint petition and memo of evidence and in absence of expert opinion it cannot be overruled.
O.Ps replied against Question No:-13 of complainant’s questonery as per the report submitted by the squad, no such instance of tampering of signature of any depositor has been mentioned. Against Question No:-12 of the questionery which runs as-it is not a fact that complainant withdraw of Rs.18,000/-, O.Ps replied-this is matter of investigation.
The plea taken by O.Ps found apparently correct that the deposited money was withdrawn by the complainant-showing in the Finacle, Passbook and Withdrawal Slips.
Ld. Advocate for the complainant tried to bank upon the report dated 24.02.2021 submitted by the squad but in order to get its effective result Debasish Sarkar Sub-Post Master (BPM), Faridpur BO should be impleaded as a necessary party of this case, as well as the complaint case lodged against him by the Postal Department before Kaliyaganj Police Station.
Under above facts and discussion, we are of the opinion that the case is not maintainable for non-joinder of Debasish Sarkar, Sub Post Master of Faridpur (BPM), Faridpur BO and there was no deficiency of service or unfair trade practice on the part of the O.Ps and no cause of action has arisen dated 25.07.2019 as stated in the complaint petition and the complainant is not entitled to get relief as prayed for.
In the result the case fails.
Hence, it is
O R D E R E D
that the C.C-19/2020 be and the same is dismissed on contest against the O.Ps but without any cost.
Let a copy of this order be given to the parties free of cost.