DATE OF FILING: 1.8.2013
DATE OF DISPOSAL: 27.7.2016.
Miss S.L.Pattnaik, President:
Alleging deficiency in service against the Opposite Parties (in short, the O.Ps), this complaint case was filed on 1.8.2013 by the complainant Smt. K.Laxmi with a prayer for restoration of balance in the saving pass book of the complainant as per entries on dated 24.12.2012 with up-to-date interest without deducting the alleged withdrawal of Rs.25,000/- dt.24.4.2010 alongwith compensation of Rs.10,000/- towards harassment, mental agony and Rs.100/- towards cost of postal order and Rs.20,000/- towards the cost of the litigation in the interest of natural justice.
2. The brief fact of the case of the complainant is that the complainant has one joint – B-type S.B.Account bearing No. 2998851 opened before O.P.No.1 i.e. Gate bazaar, S.O. Berhampur. On dated 9.9.2008 she had deposited some money in the said account and making transactions and withdrawal as per need. On dt.24.12.2012 the complainant withdrawn Rs.5000/- (Rupees five thousand) only and on making such payment the O.P.No.1 retained the pass book and an additional withdrawal slip of complainant and issued to her a slip against receipt of the said passbook. The said account was operated by the complainant/depositors till dt. 24.12.2012 and all the valid entries are recorded in the said pass book by the concerned postmaster. She alleges that the O.P.No.1 retained her pass book with him and arbitrarily and illegally made an entry in the saving bank pass book showing a withdrawal of Rs.25,000/- only on dated 24.4.2010and issued a letter to her dt.19.1.2013 demanding sum of Rs. 12,937/- said to have overdrawn by the complainant. After receipt of the said letter the complainant became surprised and approached the O.P.No.1 and submitted before him that she has not withdrawn any such amount on the alleged date. The complainant on dated 12.2.2013 received a letter from the O.P.No.2 to which the complainant humbly replied the same. On several approaches by the complainant the O.P.No.1 gave the photo copy of the pass book but refused to give the original pass book to the complainant, illegally, arbitrarily with some malafide intention forged some entries showing alleged withdrawn by the complainant on earlier date. The complainant stated that she has made no withdrawal on any other date except on the dates which has been entered in the Saving Bank pass book issued to her and all the lateral entries illegally entered by the O.P. behind back of her with some bad motive. Being aggrieved she has filed this complaint case before this Forum with aforesaid relief as prayed for.
In support of her case the complainant has filed the following documents which are attached to the case record.
1. Photocopy of pass book bearing Account No. 2998851 vide Annexure 1.
2. Copy of letter from Sr. post master, Berhampur Head Office, dt.12.2.13 addressed to the complainant vide annexure II.
3. Copy of letter from Sub postmaster Gate Bazaar, Berhampur, bearing L.No.141 dated 19.1.2013 addressed to the complainant vide annexure II/a
4. Copy of reply letter from the Complainant dated 4.2.13 addressed to the Sub Post Master, Gate Bazar, Berhampur.
3.On notice being served, the O.Ps appeared through their learned counsel on dated 21.1.2014 and submitted written version jointly on dated 12.2.2014. In their written version they have stated that one Joint B type S.B. Account No.2998851 was opened at Gatebazar Sub Post office Berhampur on 9.9.2008 in the joint names of Smt. K.Laxmi and K.Sudha. The said account was operated by the depositors till 24.12.2012. The valid withdrawal dated 24.4.2010 made by the complainant could not be entered in the pass book due to inadvertently though the O.P.No.1 had put the seal dated 24.4.2010 in the said pass book. As per the log Book of the Sub post office there was a withdrawal of Rs. 25,000/- from the said account on 24.4.2010 by the depositor but inadvertently the sub Postmaster failed to note the said withdrawal in the concerned pass book and on the sub post office ledger although the withdrawal amount of Rs.25,000/- was paid to the depositor. Consequent withdrawals were also allowed from the account ignoring the withdrawal made by the depositor on 24.4.2010.
The O.Ps have also stated that this resulted in minus balance in the account as per ledger for an amount of Rs.12,937/-. The Savings Bank controlling Organization functioning at Berhampur Head Office detected this account as a minus balance account. As per rule minus balance accounts detected by the SBCO needs to be settled by all the post offices. Efforts were made to settle the minus balance in the S.B. Account No. 2998851 standing in the name of Smt. K.Laxmi and K.Sudha. The O.P. No.1 tried to contact with the depositor to settle the minus balance but she did not co-operate in the matter. Therefore, on dated 24.12.2012 at the time of withdrawal of Rs.25,000/- the O.P.No.1 retained the pass book from depositor giving a receipt for the said pass book to the depositor for settlement of S.B. balance. They also submitted that Assistant Superintendent of Post Office incharge Berhampur contacted on 9.4.2013 through a letter to the complainant and photocopy of withdrawal form on 24.4.2010 was shown to her wherein she had taken withdrawal of Rs. 25,000/-. The complainant admitted here signature but did not admitted the withdrawn. The complainant expressed her inability to pay the minus balance of Rs.12,937/- in the said account. The pass book of the depositor retained for settlement of the minus balance account. The O.Ps has stated that the withdrawal form dt.24.4.2010 is a concrete proof that the withdrawal was made by the complainant. Further, O.Ps stated that the allegation of the complainant against them about arbitrarily and illegally entry made in the Saving Pass Book is not true and correct. It is not true and correct that the O.P.No.1 made entries by manipulating and forging the Government letter. It is also not correct that the lateral entries recorded in the pass book are illegally entered with bad motive. They stated that the complainant did not cooperate with post office to settle of the minus balance account and unnecessarily filed this case against the Department to avoid the refund of the minus balance amount of Rs.12,937/-. Therefore the O.Ps are not liable to pay any compensation as claimed by the complainant. They also prayed that this Forum should dismiss the case against the O.P’s and direct the complainant to pay the minus balance of Rs.12,937/- to the O.P.No.1.
The O.Ps have filed the following documents to defend their case alongwith written argument.
(a) Photocopy of pass book Account No. 2998851 of complainant.
(b) D.O. letter No. SBCO/CD case /GTB-SO-2010 dated 11.7.2016 issued by Sr. Post Master, Berhampur addressed to the Superintendent of Post office, Berhampur (GM ) Berhampur.
(c) Attested Photocopy of Withdrawal form (SB-7) dated 24.4.2010
(d) Attested photocopy of Withdrawal form (SB-7) dated 26.3.2010.
(e) Attested Photocopy of ledger with respect to account No. 2998851 of Gate bazaar, Sub Post Office Berhampur.
(f) Certified photocopy of Log book dated 26.3.2010 issued by Sub Postmaster, Gate bazaar, Berhampur.
(g) Photocopy of S.B. ledger issued by Sub Post Master, Gate bazaar, Berhampur.
4. On the date of final hearing we have heard the case at length from both sides. We have also gone through the complaint petition, written version, written argument and documents available in the record. After perusal of the Savings Bank Pass Book of the complainant we found that Rs.25,000/- was withdrawn by the complainant on dated 26.3.2010 and entry was made in that respect. After that on dated 1.5.2010 she has withdrawn Rs.15,000/- and entry was recorded by the concerned postmaster in the pass book showing the balance of Rs.45,000/-. We also found that the complainant has withdrawn and deposited in different dates starting from 1.5.2010 to 24.12.2012, and entries were made by the concerned postmaster respectively in the pass book without any allegations. But surprisingly we found that the O.Ps alleged that on 24.4.2010 the complainant had withdrawn Rs.25,000/-, but inadvertently it could not be entertained in the pass book though the O.P.No.1 had put the seal on dated 24.4.2010 in the said pass book. When on 24.12.2012 the complainant came to post office for withdrawal of Rs.5000/- at that time the previous balance was Rs.15,466/- and after withdrawal of Rs.5000/- on the said date the balance was Rs.10,466/-, at that time after withdrawal the O.P.No.1 retained her pass book and mentioned withdrawal of Rs.25,000/- on 24.4.2010 which creates a grave doubt. What made them not to detect this fault although approximately two years eight months had already been passed? It shows carelessness in the duty on the part of the public servant holding a responsible post in the postal department. By saying that the O.P.No.1 put seal on dated 24.4.2010 near entry in the pass book on dated 26.3.2010 which is not clearly visible, he cleverly hiding his falseness and shift the responsibilities by taking the plea of inadvertently not believable by the Forum. When the Forum directed the O.Ps to file the original S.B. withdrawal form dated 24.4.2010 of S.B. account number 2998851, the Sr. Postmaster Berhampur i.e. O.P.No.2 vide his letter dated 11.7.2016 submitted that the Department searched thoroughly original S.B. withdrawal form for S.B. Account No. 2998851 for Rs.25,000/- on 24.4.2010 but could not be traced out which also creates a grave doubt in the mind of the Forum. So the allegation raised by the O.Ps is not believable. Further as per letter dated 11.7.2016 issued by Superintendent of post office with reference to D.O. letter No. C.D. 112/2013 dated 6.7.2016 stated that under serial No.1 original S.B. withdrawal form of S.B. Account No. 2998551 for Rs.25,000/- on dated 26.3.2010 is already destroyed as S.B. voucher number destroyed up to 31.3.2010 on 2.4.2016 and item under serial No. 2 (original S.B. withdrawal S.B. account No. 2998851 for Rs.25,000/- on 24.4.2010 was searched thoroughly but could not be traced out. On this point the Forum views that when the case is pending in the District Forum how the O.Ps destroyed the S.B. withdrawal forms from 26.3.2010 to 31.3.2010 on dated 2.4.2016. Again serial No.2 original S.B. withdrawal for amount Rs.25,000/- on 24.4.2010 was searched for but could not be traced out shows the malafide intention of the O.P’s. After going through the aforesaid discussion and on perusal of documents, a bonafide doubt arises in our mind that how the original withdrawn form of the complainant dated 24.4.2010 destroyed after retaining one photocopy of only that withdrawn form. Why the O.Ps photocopied only that form not other forms. This proves their malafide intention to hide the fraud committed by the Post office concerned. They intentionally destroyed the documents and also concealed the fact of the case. Therefore the O.Ps have committed grave error and mistake in their duties as Government servant. All the other O.Ps also trying to cover up the mistake made by the concerned Post Office, hence the Opposite Parties are negligent on their duties and deficient in providing proper service to the complainant. Under the above fact and circumstances of the case we allow the case of the complainant against all O.Ps.
In the result the complaint case is allowed.
(1) The Opposite Parties No.1, 2 & 3 are directed to restore the balance in the saving Pass book Account No. 2998851 of the complainant on payment of up-to-date interest without deducting alleged withdrawal of Rs.25,000/- on dated 24.4.2010.
2. The Opposite Parties are further directed to return the original pass book to the complainant and allow her to operate the pass book.
3. The O.P.No.1 only is directed to pay compensation of Rs.3000/- (Rupees three thousand) to the complainant for causing mental agony, harassment and towards litigation cost within 30 days from receipt of the order failing which the complainant shall be entitled to get six percentage of interest per annum on the said amount till final payment is made. However, the O.Ps are at liberty to recover the amount of loss caused to the Post Office from the erring employees of concerned Post Office while making payment of compensation and restoring the balance in the pass book of the complainant. The case is disposed of accordingly.
The order is pronounced on this day of 27th July 2016 under the signature and seal of this Forum. Copy of order be supplied to the parties free of cost.
