BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Consumer Complaint No. : 299 of 2023
Date of Institution : 05.10.2023
Date of Decision : 27.11.2024
Sunil Kumar son of Sh. Ran Singh R/o Meham Road, Near Honda Agency, Bhiwani.
Versus
- Post Master, Head Post Office, Ghanta Ghar, Bhiwani.
- Chief General Postmaster, Circular Road, Ambala Cantt-133001.
….. Opposite Parties
COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.
BEFORE: Mrs. Saroj Bala Bohra, Presiding Member.
Ms. Shashi Kiran Panwar, Member.
Present:- Sh. Lalit Nayyar and Sh. Mahinder Khurana, Advocates for complainant.
Sh. Kapil Sharma, Advocate for OPs.
ORDER
Shashi Kiran Panwar, Member.
1. Brief facts of the present complaint are that complainant in order to save some amount from hard earned money, approached OP No.1 who suggested to deposit the amount in Term/Time Deposit Scheme of Post office as it will pay more interest. So, complainant deposited Rs.2,11,000/- in his name on 24.05.2021 vide account no.020047967167 and CIF No.337194689 with the OP No.1 and maturity date of the scheme is 24.05.2026. The complainant also deposited Rs.2,26,000/- with OPs on 08.06.2021 vide account no.020096355621 & CIF No. 337194689 for a period of five years having maturity date as 08.06.2026. It has been submitted that the abovementioned amounts were got transferred from saving bank account no.3604373556 of complainant with OP No.1. It has been submitted that in the month of July 2023, complainant approached the OP No.1 to get back the premature amount alongwith proportionate interest but the complainant was shocked to know that there is no any amount deposited in their name. Hence, the present complaint has been preferred by complainant alleging deficiency in service and unfair trade practice on the part of OPs thereby causing monetary loss, mental and physical harassment to the complainant. In the end, prayer has been made to direct the OPs to pay Rs.4,37,000/- alongwith interest prevailing at the time of deposit or as assessed by the Commission till realization and also to pay appropriate sum as compensation for harassment besides litigation expenses. Any other relief to which this Commission deems fit has also been sought.
2. Upon notice, OPs appeared through counsel and filed reply raising preliminary objections qua maintainability of complaint, complainants not a consumer, mis-joinder and non-joinder of necessary parties and suppression of material facts. On merits, it is admitted that as per finacle software/records of Post office, the saving bank account No.3604373556 was opened on 29.03.2017 at SOL ID 12702100. The amount of Rs.50,000/- deposited on 29.07.2017 and the same amount has been withdrawn on 05.08.2017 and no any amount found deposited/funded through this account for any other account.
Further, as per record, Account No.020029048670 was opened on 18.01.2022, Rs.25,000/- at SOL ID 81410101 in the name of Dilip Prasad Sah R/o Noni Hathwari, City Dumka State Jharkhand. This account neither belong to complainant nor belong to Bhiwani Postal Division. The CIF number 337195555 also does not belong to this account.
Furthermore, as per finacle software/records of Post office, the Account No.020044063193 was opened on 13.07.2022 at SOL ID14810201 in the name of Balwinder Singh Dhaliwal R/o Moh Kalan DA, City Sangrur, State Punjab. This account number neither belongs to complainant nor belongs to Bhiwani Postal Division. The CIF No.337195555 does not belong to this account.
Thus denied for any deficiency in service on the part of OPs and prayed for dismissal of the complaint with costs.
3. In evidence of complainants, affidavit of complainant no.1 was filed as Ex. CW1/A alongwith documents Ex. C-1 to Ex. C-6 and closed the evidence.
4. On the other side, in evidence of OPs, affidavit of Mr. Ashok Kumar Verma, Post Master, Bhiwani Ex. RW1/A alongwith document Annexure R-1 to Annexure R-5 were tendered and closed the evidence.
5. We have heard learned counsels for the parties and perused the case file minutely. Written arguments on behalf of OPs filed. Ld. counsel for complainant has also placed reliance on case law delivered by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in First Appeal No.690 of 2018 titled Department of Post & 3 Ors. Vs. Colonel Narendra Nath Suri (Retd.) decided on 05.06.2023.
6. Complainant in order to prove deposit of the alleged amounts has placed on record photocopy of passbook of OP department as Ex. C-1 & Ex. C-2 which reveal that the alleged amounts of Rs.4,37,000/- was deposited with the OPs in the account numbers mentioned in the complaint and the said amount was transferred from saving bank account no.3604373556 of complainant with OP No.1 as is clear from Ex. C-3 but the Ops did not return the amount when it was asked to return. Thus learned counsel for complainant has argued the OPs has not released to the complainant despite visiting the office of OPs several times which amounts to deficiency in service on their part as well as unfair trade practice and prayed for acceptance of the complaint as prayed for.
7. On the other hand, OP side has placed on record documents Annexure R-1 to Annexure R-5 whereby it reveals that both the accounts as alleged in the complaint belong to complainant rather they are in the name of other persons duly mentioned in written version of the OPs. However, it is admitted that saving bank account was in the name of complainant but no such amount was deposited in time deposit scheme as alleged. The counsel has pointed out that the alleged passbooks are handwritten whereas all passbooks in post office are printed and handwriting of all the copies of passbooks produced in this case as well as in other cases are in one handwriting which clearly speaks that the passbooks were prepared by the agent Lila Krishan Mehta. The counsel has further argued that complainant Ran Singh in other cases, during a departmental enquiry on 12.01.2023 has admitted that he had opened all the accounts alongwith numbers in post office through agent Lila Krishan Mehta who is known to him for the last 25-30 years. Further, Smt. Usha Rani wife of the agent and his son Joginder Kumar has also admitted /recognized the handwriting of the Agent. As such, the counsel has vehemently argued that the amount as prayed for in the complaint is not due against the OPs and prayed for dismissal of the complaint with exemplary costs.
8. After hearing learned counsel for the parties and going through the record, we have observed that the alleged amount was deposited by complainant with OPs but the OPs failed to return the amounts to complainant when the amount was asked to return. In such a situation, the OPs have no justification, to withhold the maturity amount of complainant. Further, the OPs have utterly failed to perform their part of obligations. It is pertinent to mention here that the OPs, even after the filing of this complaint and during the pendency of this complaint, have not shown any interest to release the maturity amount to the complainant. As per pleadings of the OPs in some connected cases and written arguments, Sh. Lila Krishan was their Agent and was working for the post office. In this regard, the case law Department of Post & 3 Ors (supra) is much help in deciding the present case wherein a judgment passed by Hon’ble Supreme Court of India has been quoted having titled Pradeep Kumar & Anr. Vs. Post Master General and Others (2022) 6 SCC-351, Civil Appeal No.8775-8776 of 2016 whereby it is observed that “it is settled proposition of law that principal is liable for the act of his agent.” In view of the aforesaid discussion, it would be suffice to say that OPs are legally liable for the act of their agent. Therefore, we conclude that there has been lapse and deficiency on the part of the OPs while delivering services to the complainant which has caused huge monetary loss as well as mental and physical harassment to the complainant. Hence the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-
(i) To pay a sum of Rs.4,37,000/- (Rs. Four lac thirty seven thousand) to the complainant alongwith agreed rate of interest under the scheme, from the date of deposit of the amount till its actual realization subject to fulfilling necessary formalities, if any, by complainants.
(ii) To pay a sum of Rs.10,000/- (Rs. Ten thousand) as compensation for harassment.
(iii) Also to pay Rs.5500/- as litigation expenses.
In case of default, all the amounts mentioned above shall attract interest @ 12% per annum for the period of default.
Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Copies of this order be sent to the parties concerned, free of costs, as per rules. File be consigned to the record room after due compliance.
Announced.
Dated:27.11.2024
