JUDGEMENT

This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops as the Ops have arbitrarily did not return the deposited amount along with interest to him.

The brief fact of the case of the complainant is that having utmost faith and trust with Indian Postal Authority he opened one Savings Bank Account being no. 490353 on 18.01.2010 with the Deuradanga sub Post Office and against which one money receipt was issued by one Mr. Mrittunjay Mukherjee, the then sub Post Master of the said sub Post Office. The complainant with a view to meet up his need approached before the Post Office for withdrawal of some amount but

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he became surprised to find out that no such amount was deposited in the SB account against his name. The complainant has mentioned that after the death of Mrittunjay Mukherjee he approached before the office of the said sub Post Office and came to know the said information about non-deposit of the amount. The original pass book is in the custody of the complainant and he has deposited the available documents i.e. deposit slips, Pass Book and receipts with this complaint. The complainant approached before the sub Divisional Inspector of Posts, Guskara on several occasions and made correspondence with the Superintendent of Post Offices, Burdwan on 13.11.2013. Thereafter he requested to frame any scheme for disbursement of the said amount, but the Ops have deliberately failed and neglected to take any step over the matter. The Ops have repeatedly assured him that entire amount of the said account will be handed over to him, but to no effect. According to the complainant as the complainant has deposited money in the SB account and in this way he has hired the service of the Ops and for this reason he can easily be termed as consumer. As the Ops have failed to provide due service to him, the same can be termed as deficiency in service as well as unfair trade practice on behalf of them, not only that the inaction on behalf of the Ops also proved its deficiency in service. As the grievance of the complainant has not been redressed by the Ops, finding no other alternative the complainant has approached before this ld. Forum by filing this complaint praying for direction upon the Ops to return the deposited amount of Rs. 10,000=00 along with interest @9% per annum from the date of its deposit in his favour, Rs. 50,000=00 as compensation due to unfair trade practice, negligent service and deficiency in service.

The OP-1 has contested the complaint by filing written version wherein it is stated that this complaint is based upon a fraud transaction committed by some designating persons, namely, Mrittunjay Mukherjee. From the rules framed under Postal Savings Account it is evident that unless the money alleged to have been deposited appeared in the postal SB pass book issued by the issuing officer, the same cannot be termed as valid deposit and for this reason the postal authority

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cannot allow anyone for any correspondences or transaction. So the postal authority cannot be held liable or responsible for the money alleged. It should be noted that the rules of such deposit are prescribed in all pass books, but the claimant with a clandestine motive has suppressed the entire fact and mentioned erroneously that his pass book was left to the custody of the said Post Master. It is to be noted that the said Post Master of the sub Post Office has committed suicide and only after the death of Mr. Mrittunjay Mukherjee the complainant reported the entire episode of the said sub Post Office and filed this case alleging fraud transaction. So the behaviour and motive of the complainant is suspicious. The Ops have further submitted that the OP-1 after getting knowledge about the fraud of the Post Master of Deuradanga have already started a departmental proceeding and enquiry through the sub Divisional Inspector of Guskara ceasing of all connected records about the alleged deposits. It may be mentioned that all deposits which were made in the said sub Post Office are posted in the ledger of Guskara Post Office, steps were taken to prevent misuse of stamps and pass books of the branch office, not only the Gram Panchayats, namely, Mahata and Deuradanga have been asked to collect the events of non-payment of money who were informed through concerned BDO, however no information has been received. It has been further contended by the OP-1 that on enquiry it has come to light that a total sum of Rs. 18, 39,921.85 paisa has been involved in this fraud but the enquiry has not yet been completed. The depositors were also informed to produce their respective necessary documents to establish their deposit in the said branch office along with due claim application, but nobody turned up. But this complainant has rushed to this Ld. Forum for unlawful gain and to malign the postal authority. According to the OP-1 such complaint related to fraud practice cannot be adjudicated by this ld. Forum and the same can only be adjudicated in Criminal Court. If the complainant is a bonafide depositor he will be paid, but it was his bounden duty to co-operate with the Department to determine the actual truth. As there was no deficiency in service and unfair trade practice on behalf of

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the OP-1 the complainant is not entitled to get any amount towards compensation as prayed for, but the OP-1 is ready to refund the amount subject to production of the necessary documents. The OP-1 has prayed for dismissal of the complaint.

            Both parties have filed brief notes of argument. We have perused the entire record and heard argument advanced by the ld. Counsel for the parties. During hearing the ld. Counsel for the complainant has submitted that as per law of contract any act done by any agent on behalf of his master, in case of mischievous act the master will be liable for such act of his servant or agent which means the vicarious liability. In the case in hand the sub Post Master or Gramin Dak Sevak is an employee of postal authority. If any fraud or illegal act has been done by the employee, the Post Master or the Postal Authority will be liable for such illegal and improper act. So the postal authority will liable to bear all the consequences of its servants. After initiation of this complaint the postal authority have sent some claim form to the complainant asking for submission of the said claim form so that the amount can be disbursed, but as the complainant has already filed this complaint no step was taken in that regard. Such action of the Ops also reveals that they have accepted all the allegations as leveled by the complainant in this complaint. The ld. counsel for the complainant has also submitted that as he deposited a sum of Rs. 10,000=00 in his SB account he is very much entitled to get return of the said amount along with interest. The ld. Counsel for the Ops has submitted that issuance of pass book is baseless, mere receipt would not mean the valid deposit unless it is appeared in the pass book. The ld. Counsel has further submitted that as in the present case fraud is involved which has been done by the sub Post Master of the alleged Post Office the liability cannot cast upon the shoulder of the OP-1 and in this complaint there was no deficiency in service of the Ops, for this reason the complaint is liable to be dismissed. From the abovementioned argument and upon perusal of the documents filed by the complainant it is seen by us that admittedly the complainant opened an SB account on 18.01.2010 with the OP-3 and the then sub

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Post Master issued receipt after taking amount from the complainant. From the record we came to know that in the meantime the sub Post Master Mr. Mrittunjay Mukherjee of the OP-3 had committed suicide. The allegation of the complainant is that he did not get money from his deposited amount during his urgency and it was told by the OP-3 that no amount has yet been deposited in the said SB account and in the name of the complainant. As the complainant has failed to get the said amount deposited by him from the Ops and the Ops did not take any fruitful step to return him the said amount along with interest hence this complaint. In this respect we may mentioned to the judgment passed by NCDRC 2014 (1) CPR 610 (NC) in the case of Union of India, through the Secretary and Ors Vs. George  Mathew & Ors. wherein Their Lordships have held that as the cheque was received  by the Post Master, direction was made to refund the amount to the depositor. In our view the said ruling is applicable in the case in hand because no contrary document is forthcoming before us on behalf of the Ops to prove that the amount has not been received by the OP-3 from the complainant. But the complainant has successfully proved by producing the Xerox copy of the pass book that he deposited a sum of Rs. 10,000=00 in his SB account and against it one receipt was also issued upon him by the Op-3. Therefore we are of the view that as the complainant has proved his case successfully he is entitled to get back refund of the deposited amount as prayed for in the complaint along with interest. Be it mentioned that that the Ops have failed to prove that the pass book is fake or false entry has been made whimsically, the postal stamp and logo is also illegal. Admittedly the complainant had to rush from pillar to post to get return of the said amount from the Ops, but in vain and ultimately filed this case praying for return of the amount as well as alleging deficiency in service against the Ops. For this reason the complainant is entitled to get some compensation from the Ops for long harassment and inordinate delay to get refund of the deposited amount.

Going by the foregoing discussion, hence, it is ordered, that the complaint is allowed on contest. The Ops are directed either severally or jointly to return the

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deposited amount of Rs. 10,000=00 along with interest @6% per annum from the date of deposit of the amount i.e. 22.01.2010 till realization of the entire amount within 45 days from the date of passing of this judgment, in default, the entire amount (along with interest) shall carry penal interest @9% for the default period. The Ops are further directed to pay either jointly or severally compensation to the tune of Rs. 2,000=00 within a period of 45 days from the date of passing of this order, in default of making such payment the complainant will be at liberty to put this decree into execution as per provisions of law. With the abovementioned observation the complaint is thus disposed of accordingly.