JUDGMENT
This is an application U/s 12 of the C.P. Act, 1986.
The complainant’s short case is that he opened an savings account on 03.01.2005 and since then he continuously operating his pass book bearing pass book No.486264 and his deposited balance amount is Rs.38,600/- on 03.03.2011 with the Deuradanga Sub-Post office, O.P. No.3.
It should be mentioned here that one Mritunjoy Mukherjee was Sub-Post Master of that Sub-Post Office and after his death complainant approached the post office for withdrawal the money but he was informed that no such deposit made in his savings account. It has alleged that said Mritunjoy Mukherjee with mischievously took the original pass book and kept the same in his custody. It has alleged that complainant has informed the matter to the Sub-Divisional Inspector of Guskara on several occasion. But no fruitful result comes out. Hence, this complaint claiming Rs.38,600/- along with interest @ 9% from the date of last deposit i.e. 03.03.2011 in favour of the complainant and compensation of Rs.50,000/- due to unfair trade practice.
The O.P.s contested the case through O.P. No.1 and has denied all the allegations leveled against them. It is the positive case of the O.P.s that O.P.s came to learn that the fraud was acted by the Post Master of Deuradanga and a departmental proceeding has already initiated in this regard through Sub-Divisional Inspector of Guskara after seizing all connected record about the alleged deposit. It has also admitted that all deposits which are made in the said Deuradanga branch post office are posted in the ledger of Guskara Post Office. It has also stated that steps were taken to prevent misuse of stamp and pass book of the branch office. It has claimed that Gram Panchayet namely Mahata and Deuradanga already been asked to collect the events of non-payment of money who informed through Block Development Officer, but no such information as yet received. It has further claimed that on enquiry it has comes to the light that about a sum of Rs.18,39,921.85 paisa has been involved in this fraud and the said enquiry has not been completed. The depositors also informed to produce their necessary documents to prove their deposit but none turned up and made a complaint before the Forum for wrongful gain. It is the further case of the O.P. that fraud was vitiated everything and that can only be adjudicated in the Criminal Court. So there is nothing unfair trade practice.
Point for consideration in this case is;
- Whether there is any deficiency in service or unfair trade practice acted by the O.P.s in this case?
DECISION WITH REASON
Admittedly this complaint is a consumer and he did not get their lawful deposit from the Sub-Post Master of Deuradanga and to that effect he has filed a postal receipt amounting to Rs.38,600/- It is true that postal department has initiated enquiry admitting the fraud acted upon there but this act of the postal department i.e. lack of supervision after taking money from the innocent complainant who lost their faith and trust, for which he come before this Fora, not for wrongful gain. But to establish his right to leave peacefully without any hazard of his life and property etc., which is constitutional right he filed this complaint. So, by filing a complaint against a service provider cannot be said wrongful gain. It is mentioned here that if fraud is proved in a Criminal Court then the postal authority will be punished but Criminal Court has no power to refund the money i.e. why the complainant came before us for getting his good money along with compensation which provides by the act. It should not be out of place in this regard that one Mritunjoy Mukherjee, who was the then Sub-Post Master of Deuradanga Sub-Post Office acted all this fraud who has already expired. So there will be no fruitful result in a criminal case as claimed by the O.P.s by filing written version since in a criminal case heirs of the accused are not be responsible for the acts of their father, mother etc. since there is no personal liability. So, this averment of the written version of the O.P.s clearly misdirected to this Forum by saying that none turned up and rushed to this Forum for unlawful gain and malaign the postal authority. We hold that the complainant rightly chooses this Forum being a consumer to get back his good money so that contention of the postal department can be go bye on a moment scrutiny. It appears from the record that one pass book was issued by the Postal Department in the name of Chinmay Das, (complainant) in respect of Rs.38,600/-. It may be mentioned that account number of the savings account is 486264. So, there is no dispute that Postal Department collected money from the complainant in his Account No.486264. But the said money was not returned and came to learn that the said money was not deposited against his savings account which is unfair trade practice and non-refund of money is a deficiency of service. So, we find that complainant has rightly chooses his to redress his dispute before this Forum. We are aware that Hon’ble National Commission in a reported decision reported in 2014(1) CPR page-610 has observed that the liability of the Postal Department cannot be turned down where the Postal Department issued the receipt and received the money. From the another reported judgment reported in 2012(1) CPR 64 is that Post Office is responsible for acts of its authorized agent. Here in the instant case Sub-Post Master Mritunjoy Mukherjee since deceased was an employee of Postal Department. So, complainant’s allegation against the postal department is in better footing. So, Postal Department i.e. the O.P.s are solely liable for the act of deficiency in service by non-refunding the money deposited in Saving A/c. No.486264,which was collected by Mritunjoy Mukherjee since deceased on their behalf being a Sub-Post Master of Sub-Post Office, Deuradanga.
With that observation, it is
ORDERED
that the application U/s 12 of the C.P. Act is allowed on contest against the O.P.s. The O.P.s are directed to refund Rs.38,600/- together with interest @ 6% p.a. from 03.03.2011 to till its realization within 45 days from the date of this order. The O.P.s are further directed to pay compensation of Rs.3,860/- within 45 days, failing which 9% further interest will carry after lapse of 45 days to till the date of realizations, in default, the complainant is at liberty to execute this order through this Forum. Let the plain copy of this order be handed over all the parties free of cost.
