Mr. Nayanananda Dash, Male-Member
Non-payment of M.I.S. deposited amount along with the accrued interest by the Ops by committing deficiency in service are the allegations arrayed against Ops.
2. Complaint reveals that, Complainant deposited Rs. 50,000/- in Karliopatna Post- Office (OP No.1) on dtd. 03.02.2011 under M.I.S. with a monthly interest of 330/- per month. The Account No. of the Complaint was 832756, complainant was receiving monthly interest of Rs. 330/- regularly up to 02/04/2012 after that no interest was deposited in complainant’s Account, when Complainant inquired came to know that the Post Master, Karilopatna Post Office namely Sri Aruna Kumar Mohanty misappropriated the money. Further, the Supt. Of Post Office, kendrapara Division (OP No.2) has taken the original pass book of complainant on 28/08/2012 for further enquiry and till date complainant has not received his deposited amount, being aggrieved complainant issued a legal Notice through Registered Post with A.D. but yet no result. The cause of action of the instant case arose on 16/02/2015 when the Op No.2 refused to return the principal amount with interest, hence the complaint before the Forum with prayer that a direction may be given to Ops for refund of the Principal amount interest till its realization.
3. Though Ops appeared through their Ld. Counsel but did not prefer to file any written statement and remained absent from the proceeding for which the Ops were set-exparte by this Forum.
Complainant to substantiate his case filed photocopies of pass book bearing No. 832756 which is issued/granted by Ops along with copy of RTI in-formations furnished by Op-Department along with a photocopy of lawyers Notice. It appears from the complainant and documents presented before us that the allegations of the complainant regarding non-release of deposited amount and interest there on could not be possible due to misappropriation by the then Post Master, karilopatna Sub-Post Office . As it is a case of non-rebuttal in nature this Forum is not sure about the fate of the CBI investigation. So in the circumstance no specific direction can be given to Ops, as it is the settle principle of law that when an investigation is on process, the Foras cannot pass any order in this regard. However, if in the mean time the investigation is completed and there is no other legal barriers to release, same can be released with usual financial benefits to the complainant.
Accordingly the Complaint is disposed on ex-parte without any cost.
Pronounced in the open Court, this the 14th day of February,2017.
