BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.20/14.

Date of instt.: 14.01.2014. 

                                                 Date of Decision: 01.06.2015.

1. Sachin age 22 years, S/o Gurdayal Singh, s/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.

2. Gurdayal Singh S/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.                                                                                   

                                                        ……….Complainants.    

                                        Versus

1. Superintendent of Post Offices, Kurukshetra.

2. Chief Post Master General, Haryana Circle, Ambala.

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Dinesh Tayagi, Advocate for complainants.

Sh. D.S.Punia, Advocate for the opposite parties.

                       ORDER

(HARISHA MEHTA, MEMBER).

                       The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant No.2, father of complainant No.1, opened monthly recurring account bearing No.1016978 in the name of complainant No.1, in the Post Office Badsui w.e.f. 27.05.2005.  It is alleged that the father of complainant No.1 used to deposit Rs.500/- each per month in the recurring accounts with the Ops.  It is further alleged that the total term of RD accounts was for 5 years.  It is further alleged that the complainant No.2 deposited Rs.500/- per month in the above RD account of his daughter upto 30.05.2010.  It is further alleged that after the maturity of RD accounts, official of Ops BPM Karam Singh and Ishwar Sharma asked that the payment of maturity amounts will be made on 12.08.2013 to the complainants and also taken the pass-book of complainants from complainant No.2 but on 12.08.2013 BPM Karam Singh escaped from the Village Badsui and also absented from the duty.  It is further alleged that the complainant No.2 then made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant No.2 that both Karam Singh and Ishwar Sharma, employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn the maturity amount of RD amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009.  It is further alleged that this saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  It is further alleged that the complainant No.2 never signed on the withdrawal forms for opening the saving account.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; time-barred; that the complaint filed by the complainant is not maintainable in this Forum against the Ops.  A case bearing FIR No.155 under Section 409, 420, 506 IPC was lodged by the department against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011; that the claim of complainants was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dt. Ambala 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant as the complainant admitted in his statement 15.09.2010 Annexure R-&.  Whereas, it is clearly mentioned in the back side of pass-book that the customer is fully responsible for safe custody of his pass-book and depositor shall be responsible if pass-book is lost.  The complainant himself admitted that the payment has been made, then how the payment was received by the complainant; that the complicated question of law and facts are involved in the present complaint and for adjudication of which, only the civil court is the best platform.   There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of their case, both the parties submitted their affidavits and documents.  

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely.

5.     We have gone through the evidence as produced by both the parties and found that it is true that the father of complainant No.1 opened monthly recurring account in the name of complainant No.1 in the Post Office Badsui on 27.05.2005 and her account number was 1016978.  The father of complainant No.1 used to deposit Rs.500/- per month in her recurring account with the respondents.  The copy of account opening form of RD account of the complainant was provided by the respondents and the total term of the RD account was for five years.  The counsel of complainant contended that after the maturity of RD accounts, the official of respondents BPM Karam Singh and Ishwar Sharma told that the payment of maturity amount will be made on 12.08.2010 and taken pass-book.  But on 12.08.2010 BPM Karam Singh escaped and absented from the duty.  The complainant made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant that both Karam Singh and Ishwar Sharma, the employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn maturity amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009 through saving account No.1053487.  The saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  The complainants never signed on the withdrawal form for opening the saving account.  Both employees of respondents succeeded in withdrawal of amount due to negligence of respondents.  The above-said fact was admitted by the respondents.  They also admitted that an amount of Rs.26,786/- was deposited in SB account No.1053487.  They also lodged FIR No.155 under Sections 409, 420, 506 IPC against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011 and the case is pending for trial before Ilaqa Magistrate at Guhla.  It is submitted by the respondents that the claim of the complainant was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dated 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant.  In the present case, we are of the considered opinion that the Ops are vicariously liable for the action of employees.  In this regard, we can rely upon the authority reported as Haryana Gramin Bank & others Vs. Jaswinder & others, 2010(4) CPJ page 210, wherein it has been held that The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment-The State Commission rightly held that the Op/petitioner was vicariously liable for the action of its employees-No interference called for in exercise of revisional jurisdiction under clause (b) of Section 21 of the CP Act.  Reference can also be made upon the authority reported as Allahabad Bank Vs. Shiv Swarup Shrivastav, 2007(1) CPJ page 221, wherein it has been held that Vicarious liability-FDR-Loss of Rs.30,000/- to the bank was caused by ‘R’ by misappropriating that amount within the scope or course of his employment-Petitioner bank held vicariously liable to pay the amount of the fixed deposit in question to respondent together with interest.  So, we are of the considered view that the Post Office held vicariously liable to pay the deposited amount in question i.e. Rs.26,786/- to the complainants.

6.     Thus, in view of above discussion, we allow the complaint accordingly and direct the Ops to pay Rs.26,786/- to the complainants and further to pay Rs.3,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  Let the order be complied within 30 days, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of commencement of this order till its payment.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.01.06.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.20/14.

Date of instt.: 14.01.2014. 

                                                 Date of Decision: 01.06.2015.

1. Sachin age 22 years, S/o Gurdayal Singh, s/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.

2. Gurdayal Singh S/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.                                                                                   

                                                        ……….Complainants.    

                                        Versus

1. Superintendent of Post Offices, Kurukshetra.

2. Chief Post Master General, Haryana Circle, Ambala.

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Dinesh Tayagi, Advocate for complainants.

Sh. D.S.Punia, Advocate for the opposite parties.

                       ORDER

(HARISHA MEHTA, MEMBER).

                       The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant No.2, father of complainant No.1, opened monthly recurring account bearing No.1016978 in the name of complainant No.1, in the Post Office Badsui w.e.f. 27.05.2005.  It is alleged that the father of complainant No.1 used to deposit Rs.500/- each per month in the recurring accounts with the Ops.  It is further alleged that the total term of RD accounts was for 5 years.  It is further alleged that the complainant No.2 deposited Rs.500/- per month in the above RD account of his daughter upto 30.05.2010.  It is further alleged that after the maturity of RD accounts, official of Ops BPM Karam Singh and Ishwar Sharma asked that the payment of maturity amounts will be made on 12.08.2013 to the complainants and also taken the pass-book of complainants from complainant No.2 but on 12.08.2013 BPM Karam Singh escaped from the Village Badsui and also absented from the duty.  It is further alleged that the complainant No.2 then made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant No.2 that both Karam Singh and Ishwar Sharma, employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn the maturity amount of RD amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009.  It is further alleged that this saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  It is further alleged that the complainant No.2 never signed on the withdrawal forms for opening the saving account.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; time-barred; that the complaint filed by the complainant is not maintainable in this Forum against the Ops.  A case bearing FIR No.155 under Section 409, 420, 506 IPC was lodged by the department against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011; that the claim of complainants was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dt. Ambala 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant as the complainant admitted in his statement 15.09.2010 Annexure R-&.  Whereas, it is clearly mentioned in the back side of pass-book that the customer is fully responsible for safe custody of his pass-book and depositor shall be responsible if pass-book is lost.  The complainant himself admitted that the payment has been made, then how the payment was received by the complainant; that the complicated question of law and facts are involved in the present complaint and for adjudication of which, only the civil court is the best platform.   There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of their case, both the parties submitted their affidavits and documents.  

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely.

5.     We have gone through the evidence as produced by both the parties and found that it is true that the father of complainant No.1 opened monthly recurring account in the name of complainant No.1 in the Post Office Badsui on 27.05.2005 and her account number was 1016978.  The father of complainant No.1 used to deposit Rs.500/- per month in her recurring account with the respondents.  The copy of account opening form of RD account of the complainant was provided by the respondents and the total term of the RD account was for five years.  The counsel of complainant contended that after the maturity of RD accounts, the official of respondents BPM Karam Singh and Ishwar Sharma told that the payment of maturity amount will be made on 12.08.2010 and taken pass-book.  But on 12.08.2010 BPM Karam Singh escaped and absented from the duty.  The complainant made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant that both Karam Singh and Ishwar Sharma, the employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn maturity amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009 through saving account No.1053487.  The saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  The complainants never signed on the withdrawal form for opening the saving account.  Both employees of respondents succeeded in withdrawal of amount due to negligence of respondents.  The above-said fact was admitted by the respondents.  They also admitted that an amount of Rs.26,786/- was deposited in SB account No.1053487.  They also lodged FIR No.155 under Sections 409, 420, 506 IPC against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011 and the case is pending for trial before Ilaqa Magistrate at Guhla.  It is submitted by the respondents that the claim of the complainant was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dated 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant.  In the present case, we are of the considered opinion that the Ops are vicariously liable for the action of employees.  In this regard, we can rely upon the authority reported as Haryana Gramin Bank & others Vs. Jaswinder & others, 2010(4) CPJ page 210, wherein it has been held that The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment-The State Commission rightly held that the Op/petitioner was vicariously liable for the action of its employees-No interference called for in exercise of revisional jurisdiction under clause (b) of Section 21 of the CP Act.  Reference can also be made upon the authority reported as Allahabad Bank Vs. Shiv Swarup Shrivastav, 2007(1) CPJ page 221, wherein it has been held that Vicarious liability-FDR-Loss of Rs.30,000/- to the bank was caused by ‘R’ by misappropriating that amount within the scope or course of his employment-Petitioner bank held vicariously liable to pay the amount of the fixed deposit in question to respondent together with interest.  So, we are of the considered view that the Post Office held vicariously liable to pay the deposited amount in question i.e. Rs.26,786/- to the complainants.

6.     Thus, in view of above discussion, we allow the complaint accordingly and direct the Ops to pay Rs.26,786/- to the complainants and further to pay Rs.3,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  Let the order be complied within 30 days, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of commencement of this order till its payment.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.01.06.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.20/14.

Date of instt.: 14.01.2014. 

                                                 Date of Decision: 01.06.2015.

1. Sachin age 22 years, S/o Gurdayal Singh, s/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.

2. Gurdayal Singh S/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.                                                                                   

                                                        ……….Complainants.    

                                        Versus

1. Superintendent of Post Offices, Kurukshetra.

2. Chief Post Master General, Haryana Circle, Ambala.

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Dinesh Tayagi, Advocate for complainants.

Sh. D.S.Punia, Advocate for the opposite parties.

                       ORDER

(HARISHA MEHTA, MEMBER).

                       The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant No.2, father of complainant No.1, opened monthly recurring account bearing No.1016978 in the name of complainant No.1, in the Post Office Badsui w.e.f. 27.05.2005.  It is alleged that the father of complainant No.1 used to deposit Rs.500/- each per month in the recurring accounts with the Ops.  It is further alleged that the total term of RD accounts was for 5 years.  It is further alleged that the complainant No.2 deposited Rs.500/- per month in the above RD account of his daughter upto 30.05.2010.  It is further alleged that after the maturity of RD accounts, official of Ops BPM Karam Singh and Ishwar Sharma asked that the payment of maturity amounts will be made on 12.08.2013 to the complainants and also taken the pass-book of complainants from complainant No.2 but on 12.08.2013 BPM Karam Singh escaped from the Village Badsui and also absented from the duty.  It is further alleged that the complainant No.2 then made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant No.2 that both Karam Singh and Ishwar Sharma, employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn the maturity amount of RD amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009.  It is further alleged that this saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  It is further alleged that the complainant No.2 never signed on the withdrawal forms for opening the saving account.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; time-barred; that the complaint filed by the complainant is not maintainable in this Forum against the Ops.  A case bearing FIR No.155 under Section 409, 420, 506 IPC was lodged by the department against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011; that the claim of complainants was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dt. Ambala 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant as the complainant admitted in his statement 15.09.2010 Annexure R-&.  Whereas, it is clearly mentioned in the back side of pass-book that the customer is fully responsible for safe custody of his pass-book and depositor shall be responsible if pass-book is lost.  The complainant himself admitted that the payment has been made, then how the payment was received by the complainant; that the complicated question of law and facts are involved in the present complaint and for adjudication of which, only the civil court is the best platform.   There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of their case, both the parties submitted their affidavits and documents.  

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely.

5.     We have gone through the evidence as produced by both the parties and found that it is true that the father of complainant No.1 opened monthly recurring account in the name of complainant No.1 in the Post Office Badsui on 27.05.2005 and her account number was 1016978.  The father of complainant No.1 used to deposit Rs.500/- per month in her recurring account with the respondents.  The copy of account opening form of RD account of the complainant was provided by the respondents and the total term of the RD account was for five years.  The counsel of complainant contended that after the maturity of RD accounts, the official of respondents BPM Karam Singh and Ishwar Sharma told that the payment of maturity amount will be made on 12.08.2010 and taken pass-book.  But on 12.08.2010 BPM Karam Singh escaped and absented from the duty.  The complainant made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant that both Karam Singh and Ishwar Sharma, the employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn maturity amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009 through saving account No.1053487.  The saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  The complainants never signed on the withdrawal form for opening the saving account.  Both employees of respondents succeeded in withdrawal of amount due to negligence of respondents.  The above-said fact was admitted by the respondents.  They also admitted that an amount of Rs.26,786/- was deposited in SB account No.1053487.  They also lodged FIR No.155 under Sections 409, 420, 506 IPC against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011 and the case is pending for trial before Ilaqa Magistrate at Guhla.  It is submitted by the respondents that the claim of the complainant was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dated 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant.  In the present case, we are of the considered opinion that the Ops are vicariously liable for the action of employees.  In this regard, we can rely upon the authority reported as Haryana Gramin Bank & others Vs. Jaswinder & others, 2010(4) CPJ page 210, wherein it has been held that The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment-The State Commission rightly held that the Op/petitioner was vicariously liable for the action of its employees-No interference called for in exercise of revisional jurisdiction under clause (b) of Section 21 of the CP Act.  Reference can also be made upon the authority reported as Allahabad Bank Vs. Shiv Swarup Shrivastav, 2007(1) CPJ page 221, wherein it has been held that Vicarious liability-FDR-Loss of Rs.30,000/- to the bank was caused by ‘R’ by misappropriating that amount within the scope or course of his employment-Petitioner bank held vicariously liable to pay the amount of the fixed deposit in question to respondent together with interest.  So, we are of the considered view that the Post Office held vicariously liable to pay the deposited amount in question i.e. Rs.26,786/- to the complainants.

6.     Thus, in view of above discussion, we allow the complaint accordingly and direct the Ops to pay Rs.26,786/- to the complainants and further to pay Rs.3,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  Let the order be complied within 30 days, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of commencement of this order till its payment.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.01.06.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.

 BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.20/14.

Date of instt.: 14.01.2014. 

                                                 Date of Decision: 01.06.2015.

1. Sachin age 22 years, S/o Gurdayal Singh, s/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.

2. Gurdayal Singh S/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.                                                                                   

                                                        ……….Complainants.    

                                        Versus

1. Superintendent of Post Offices, Kurukshetra.

2. Chief Post Master General, Haryana Circle, Ambala.

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Dinesh Tayagi, Advocate for complainants.

Sh. D.S.Punia, Advocate for the opposite parties.

                       ORDER

(HARISHA MEHTA, MEMBER).

                       The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant No.2, father of complainant No.1, opened monthly recurring account bearing No.1016978 in the name of complainant No.1, in the Post Office Badsui w.e.f. 27.05.2005.  It is alleged that the father of complainant No.1 used to deposit Rs.500/- each per month in the recurring accounts with the Ops.  It is further alleged that the total term of RD accounts was for 5 years.  It is further alleged that the complainant No.2 deposited Rs.500/- per month in the above RD account of his daughter upto 30.05.2010.  It is further alleged that after the maturity of RD accounts, official of Ops BPM Karam Singh and Ishwar Sharma asked that the payment of maturity amounts will be made on 12.08.2013 to the complainants and also taken the pass-book of complainants from complainant No.2 but on 12.08.2013 BPM Karam Singh escaped from the Village Badsui and also absented from the duty.  It is further alleged that the complainant No.2 then made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant No.2 that both Karam Singh and Ishwar Sharma, employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn the maturity amount of RD amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009.  It is further alleged that this saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  It is further alleged that the complainant No.2 never signed on the withdrawal forms for opening the saving account.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; time-barred; that the complaint filed by the complainant is not maintainable in this Forum against the Ops.  A case bearing FIR No.155 under Section 409, 420, 506 IPC was lodged by the department against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011; that the claim of complainants was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dt. Ambala 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant as the complainant admitted in his statement 15.09.2010 Annexure R-&.  Whereas, it is clearly mentioned in the back side of pass-book that the customer is fully responsible for safe custody of his pass-book and depositor shall be responsible if pass-book is lost.  The complainant himself admitted that the payment has been made, then how the payment was received by the complainant; that the complicated question of law and facts are involved in the present complaint and for adjudication of which, only the civil court is the best platform.   There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of their case, both the parties submitted their affidavits and documents.  

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely.

5.     We have gone through the evidence as produced by both the parties and found that it is true that the father of complainant No.1 opened monthly recurring account in the name of complainant No.1 in the Post Office Badsui on 27.05.2005 and her account number was 1016978.  The father of complainant No.1 used to deposit Rs.500/- per month in her recurring account with the respondents.  The copy of account opening form of RD account of the complainant was provided by the respondents and the total term of the RD account was for five years.  The counsel of complainant contended that after the maturity of RD accounts, the official of respondents BPM Karam Singh and Ishwar Sharma told that the payment of maturity amount will be made on 12.08.2010 and taken pass-book.  But on 12.08.2010 BPM Karam Singh escaped and absented from the duty.  The complainant made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant that both Karam Singh and Ishwar Sharma, the employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn maturity amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009 through saving account No.1053487.  The saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  The complainants never signed on the withdrawal form for opening the saving account.  Both employees of respondents succeeded in withdrawal of amount due to negligence of respondents.  The above-said fact was admitted by the respondents.  They also admitted that an amount of Rs.26,786/- was deposited in SB account No.1053487.  They also lodged FIR No.155 under Sections 409, 420, 506 IPC against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011 and the case is pending for trial before Ilaqa Magistrate at Guhla.  It is submitted by the respondents that the claim of the complainant was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dated 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant.  In the present case, we are of the considered opinion that the Ops are vicariously liable for the action of employees.  In this regard, we can rely upon the authority reported as Haryana Gramin Bank & others Vs. Jaswinder & others, 2010(4) CPJ page 210, wherein it has been held that The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment-The State Commission rightly held that the Op/petitioner was vicariously liable for the action of its employees-No interference called for in exercise of revisional jurisdiction under clause (b) of Section 21 of the CP Act.  Reference can also be made upon the authority reported as Allahabad Bank Vs. Shiv Swarup Shrivastav, 2007(1) CPJ page 221, wherein it has been held that Vicarious liability-FDR-Loss of Rs.30,000/- to the bank was caused by ‘R’ by misappropriating that amount within the scope or course of his employment-Petitioner bank held vicariously liable to pay the amount of the fixed deposit in question to respondent together with interest.  So, we are of the considered view that the Post Office held vicariously liable to pay the deposited amount in question i.e. Rs.26,786/- to the complainants.

6.     Thus, in view of above discussion, we allow the complaint accordingly and direct the Ops to pay Rs.26,786/- to the complainants and further to pay Rs.3,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  Let the order be complied within 30 days, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of commencement of this order till its payment.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.01.06.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.20/14.

Date of instt.: 14.01.2014. 

                                                 Date of Decision: 01.06.2015.

1. Sachin age 22 years, S/o Gurdayal Singh, s/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.

2. Gurdayal Singh S/o Sh. Ram Sawroop R/o VPO Badsui, District Kaithal.                                                                                   

                                                        ……….Complainants.    

                                        Versus

1. Superintendent of Post Offices, Kurukshetra.

2. Chief Post Master General, Haryana Circle, Ambala.

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Dinesh Tayagi, Advocate for complainants.

Sh. D.S.Punia, Advocate for the opposite parties.

                       ORDER

(HARISHA MEHTA, MEMBER).

                       The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant No.2, father of complainant No.1, opened monthly recurring account bearing No.1016978 in the name of complainant No.1, in the Post Office Badsui w.e.f. 27.05.2005.  It is alleged that the father of complainant No.1 used to deposit Rs.500/- each per month in the recurring accounts with the Ops.  It is further alleged that the total term of RD accounts was for 5 years.  It is further alleged that the complainant No.2 deposited Rs.500/- per month in the above RD account of his daughter upto 30.05.2010.  It is further alleged that after the maturity of RD accounts, official of Ops BPM Karam Singh and Ishwar Sharma asked that the payment of maturity amounts will be made on 12.08.2013 to the complainants and also taken the pass-book of complainants from complainant No.2 but on 12.08.2013 BPM Karam Singh escaped from the Village Badsui and also absented from the duty.  It is further alleged that the complainant No.2 then made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant No.2 that both Karam Singh and Ishwar Sharma, employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn the maturity amount of RD amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009.  It is further alleged that this saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  It is further alleged that the complainant No.2 never signed on the withdrawal forms for opening the saving account.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; time-barred; that the complaint filed by the complainant is not maintainable in this Forum against the Ops.  A case bearing FIR No.155 under Section 409, 420, 506 IPC was lodged by the department against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011; that the claim of complainants was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dt. Ambala 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant as the complainant admitted in his statement 15.09.2010 Annexure R-&.  Whereas, it is clearly mentioned in the back side of pass-book that the customer is fully responsible for safe custody of his pass-book and depositor shall be responsible if pass-book is lost.  The complainant himself admitted that the payment has been made, then how the payment was received by the complainant; that the complicated question of law and facts are involved in the present complaint and for adjudication of which, only the civil court is the best platform.   There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of their case, both the parties submitted their affidavits and documents.  

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely.

5.     We have gone through the evidence as produced by both the parties and found that it is true that the father of complainant No.1 opened monthly recurring account in the name of complainant No.1 in the Post Office Badsui on 27.05.2005 and her account number was 1016978.  The father of complainant No.1 used to deposit Rs.500/- per month in her recurring account with the respondents.  The copy of account opening form of RD account of the complainant was provided by the respondents and the total term of the RD account was for five years.  The counsel of complainant contended that after the maturity of RD accounts, the official of respondents BPM Karam Singh and Ishwar Sharma told that the payment of maturity amount will be made on 12.08.2010 and taken pass-book.  But on 12.08.2010 BPM Karam Singh escaped and absented from the duty.  The complainant made complaint in Post Office at Cheeka, then only the fact came to the knowledge of the complainant that both Karam Singh and Ishwar Sharma, the employees of Ops have un-authorizedly and by forging signatures of complainant No.2, illegally withdrawn maturity amount of RD account No.1016978 of Rs.26,786/- on 21.07.2009 through saving account No.1053487.  The saving account also opened with forged and false signatures of complainant No.2, by the employees of Ops.  The complainants never signed on the withdrawal form for opening the saving account.  Both employees of respondents succeeded in withdrawal of amount due to negligence of respondents.  The above-said fact was admitted by the respondents.  They also admitted that an amount of Rs.26,786/- was deposited in SB account No.1053487.  They also lodged FIR No.155 under Sections 409, 420, 506 IPC against Sh. Karam Singh, BPM Badsui at Police Station Cheeka on 24.08.2011 and the case is pending for trial before Ilaqa Magistrate at Guhla.  It is submitted by the respondents that the claim of the complainant was rejected by the Circle Office vide his letter No.Inv-4/IV/2010 claim cases dated 15.04.2013 due to non-production of pass-book as the pass-book was not with the depositor/complainant.  In the present case, we are of the considered opinion that the Ops are vicariously liable for the action of employees.  In this regard, we can rely upon the authority reported as Haryana Gramin Bank & others Vs. Jaswinder & others, 2010(4) CPJ page 210, wherein it has been held that The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment-The State Commission rightly held that the Op/petitioner was vicariously liable for the action of its employees-No interference called for in exercise of revisional jurisdiction under clause (b) of Section 21 of the CP Act.  Reference can also be made upon the authority reported as Allahabad Bank Vs. Shiv Swarup Shrivastav, 2007(1) CPJ page 221, wherein it has been held that Vicarious liability-FDR-Loss of Rs.30,000/- to the bank was caused by ‘R’ by misappropriating that amount within the scope or course of his employment-Petitioner bank held vicariously liable to pay the amount of the fixed deposit in question to respondent together with interest.  So, we are of the considered view that the Post Office held vicariously liable to pay the deposited amount in question i.e. Rs.26,786/- to the complainants.

6.     Thus, in view of above discussion, we allow the complaint accordingly and direct the Ops to pay Rs.26,786/- to the complainants and further to pay Rs.3,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  Let the order be complied within 30 days, failing which, the complainants shall be entitled interest @ 8% p.a. from the date of commencement of this order till its payment.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.01.06.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.