MR. PRAVAT KUMAR PADHI, PRESIDENT :-
Complainant has filed C.C.Case No. 197/2023 U/s-35 of C.P.Act seeking the following relief to get back his S/B withdrawal of Rs. 24,000/-.
Being aggrieved by fraudulent withdrawal from his S.B. Accounts 6209471360 (earlier No.642963 of Bhuinpur Post Office under Kendrapara division). The complainant has fixed the present C.C.
The Ops have filed their counter version stating as under-
The Complainant opened one S/B Account bearing Accounts No. 642963 on 28.10.2003 at Bhuinpur Sub-post Office in account with Kendrapara Head Office. Subsequently, the Bhuinpur Sub-Post Office migrated to Core Banking System and new account number 6209471360 wass allotted in lieu of old account nimber-642963. On 02.01.2023, the Complainant has submitted one complaint to the Op No.1 wherein he put an allegation that he was unaware about both the withdrawal transaction amounting of Rs.24,000/- made on 25.01.2022. On receipt of the said complaint of the complainant from the Op No.1, Op No.2 directed the Inspector of Posts, Pattamundai Sub-Divisional to inquire into the matter vide letter No.SB/Complain/22-23 dated.13.02.2023.
The Inspector of Posts, Pattamundai Sub-Division vide his letter No. Misc/Vfn/Complaint/ N.Jena/20-23 dated.15.05.2023 concluded that, Rs.4000/- was withdrawn from the account of the complainant due to wrong migration to CBS and the amount was credited to the government Account under unclassified deposits on the same date. However, as far as the withdrawal of Rs.20, 000/- is concerned, the statement of the complainant and OP No.1 are contradictory. Hence Inspector of Posts, Pattamundai Sub-Division proposed to supply the original voucher for further inquiry.
One letter was issued vide OP No.2 letter No. SB/Complain/22-23 dated.05.06.23 to the complainant, wherein the status of the case was intimated and he was requested to co-operate with the inquiry.
The Complainant refused to receive the said letter on 17.06.23.Instead, the Complainant submitted another complaint dated.13.07.2023 to Op No.2 through OP No. 1, where in thecomplainant requested to retune his money. On receipt of the said complaint, the Inspector of Posts, Pattamundai Sub-Divisions was once again requested to complete the inquiry and submit report vide Op No.2 letter dated.31.07.2023.In response to the letter of Op No.2, Inspector of Posts, Pattamundai Sub-Division issued on letter vide letter No.B/PMI/Complaint/2023 dated.11.09.2023, wherein he requested the complainant to attend before him for examination of the case.
The Complainant refused to accept the letter on 16.09.2023 .As per the report of the Inspector of Posts, Pattamundai Sub-Division, the complainant was also contacted through Mail Overseer of Pattamundai Sub-Divisions , but the complainant refused to cooperate and appear before the Inspector of Posts, Pattamundai Sub-Division Hence Inspector of posts, Pattamudnai Sub-Division vide his letter No.B/PMI/Complaint/2023 dated.18.09.2023 intimated that the complainant is not cooperating with the inquiry for which further examination to the case could not be carried out.
The Ops have further stated that complainant is submitting fictions allegation by saying that he had not performed any withdrawal on 25.01.2022. Though the case is under investigation it is also fact that, the complainant has made good number of transactions including deposits and withdrawal after the alleged transaction of Rs.24,000/- dated 25.01.2022. But, almost after a year of the said transaction, the complainant alleged that, he had not made the transaction. However out of Rs.24, 000/- the withdrawal made due to wrong migration is Rs.4000/- and the withdrawal made by the complainant is Rs.20,000/- which are mentioned in the pass books as a single transaction i.e. Rs..24000/- dated.25.01.2022. An amount of Rs.4000/- was withdrawal from the account of the complaint by the OP No. No.1 due to wrong migration to CBS and the amount was credited to the Government Account under unclassified Deposits on the same date. As regards to withdrawals of Rs.20,000/- since the complainant denied to have withdrawal any amount from the account, the case is required to be investigated examination properly.
From the aforesaid facts, dispute relating to Rs.4000/- is no more in existence. The only dispute with regard to Rs.20,000/- , which was withdrawn on dtd.25.01.2022.The Ops enclosed the withdrawal slip with the written version. We have gone through the signature appended to it. In the plain eyes the signature appears in the left side of the withdrawal form appears to be the signature of Complainant. But the signature in the right hand side & the signature at the time of receipt of payment differs. From the signature of the complainant and as such both the signature in the same form does not tally and in addition to that there is overwriting spelling mistake and interpolation as such the payment should not have been allowed by the concerned Post Inspector who has compared the signature with the specimen signature available with the Opp.
Since the signature appearing in the left side in the plain eyes resembles/appear to be the signature of complainant, we hold that the signature in the left side is of the Complainant.
The Complainant is a poor person and only for Rs.20,000/- , he is running form pillar to post. In normal course we would have send the signature for expert opinion or would have direct the Ops to obtain the opinion of the handwriting expert from GEQD or Forensic laboratory/handwriting expert. But it may take long time and the consumer would be harassed. The very intention of C.P.Act is meant to protect the interest of the consumers and C.P.Act stipulates to dispose off the C.C. within 90 days which has already expired.
Since the signature appearing on the right hand side., i.e signing on the withdrawal form after releasing the amount is completed different from the signature of the depositor/complainant. We held that the concerned Post Master who has discharged his duty on the relevant date is negligence in paying the signatory the withdrawal amount the Ops/Postal Department is liable for the wrong committed by the employees.
We therefore direct the Ops to credit/pay of Rs.20,000/- alongwith SB interest to the complainant .We have not allowed any cost and compensation as the signature appearing on the left side of the withdrawal form tally/ /appears to be the signature of the complainant. The Ops are free to recover the amount from the official at fault. The amount shall be paid credited to the complainant within a period of 45 days from the date of receipt of this order.
With the aforesaid observation the C.C.Case No.197/23 is allowed & accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 31st day of July,2024
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
