CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 20th day of December, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 31/07/2012
CC /145/2012
C. Kamala Devi Amma,
Chakkullithodi House, - Complainant
Panamanna South P.O,
Ottapalam – 679 103
Palakkad.
Vs
1. Superintendent,
Central Public Information Officer,
Ottapalam Postal Division - Opposite parties
Ottapalam.
2. The Post Master General,
Northern Region,
Kozhikode – 673 011
3. The Director General,
Department of Posts,
Post Officer, Dak Bhawan,
Pin – 110 116
(Ref. CAPIO No. 11111100/R/2010/1049
O R D E R
BY SMT. SEENA.H, PRESIDENT
Complaint in brief:-
Complainant deposited the following amounts in the Panamanna South Branch Post office under Ottapalam Postal Division, Palakkad District.
Item No. P.O. Account No. Receipt No. and Date Amount of deposit
TD 933513 27, dated 8-12-2007 Rs. 30,000/-
SB 516269 25, dated 18-09-2006 Rs. 25,000/-
SB 514384 26, dated 18-01-2008 Rs. 21,000/-
The Panamanna south GDS BPM has issued appropriate receipts for the amounts of deposits with the post office seal and signature. Pass books with proper entries as per the rules and regulations of the Postal department was also received. After that it was understood that some fraud has taken place in the post office and actual amount deposited stands changed to the following.
1. TD 933513 - Rs. 3,000/- (in lieu of actual deposite of Rs. 30,000/- )
2. SB 516269 – Rs. 291/- (in lieu of actual deposite of Rs. 25,000/-)
3. SB 514384 – Rs. 2637.55 (in lieu of actual deposit of Rs. 21,000/-)
Opposite parties issued duplicate passbooks to complainant. The amounts shown in the revised pass books are as per the books of accounts of the post office. The total deposited amount of above three deposits is Rs. 76,000/- whereas the total amount shown in the revised pass books is Rs. 5928.55 only and hence complainant did not accept it. The original pass books issued to me are now in the custody of Ottapalam Postal Department. Complainant have secured all receipts and pass books from the authorised staff of postal department and the postal department is bound to pay back the deposited amounts with compensation.
Depositors are not responsible for the fraud committed by the postal staff. Hence complainant prays for refund of the actual deposit with 18% interest from 2009 onwards along with compensation and cost to the tune of Rs. 5 lakh.
Opposite parties filed version contending the following.
According to opposite parties Sri. T.B. Padmanabhan, Branch Post Master, Panamanna south branch post office had committed fraud in the Savings Bank and other accounts of the said post office. The total amount involved in the fraud is Rs. 8,84,123/- . The fraudster has absconded and CC 764/2009 in crime 429/2009 of Ottapalam police station has been treated as “ Long Pending” under No. LP/2/2011. Eventhough numerous claims were put forth by the depositors and some of them were entertained, many of them could not be admitted as no sufficient documentary evidence substantiating the claims was produced by the depositors. The complainant has also put forward claims in respect of three deposits. Unfortunately, the department is not in a position to admit the said claims.
With regard to the case of 5 years TD account 933513 as per the post office records the said account for Rs. 3000/- was opened at Panamanna south branch post office under Panamanna sub post office on 08.12.2007 in the name of Smt. C. Kamala Devi Amma, Chakkullithodi house, P.O. Panamanna South. In the pay-in-slip (Form SB – 103) signed by the depositor herself the amount was specified as Rs. 3,000/- in figures as well as words. While opening accounts at a branch post office a receipt in Form SB-26 specifying the amount is given to depositors. At the time of delivering the passbook the said receipt has to be surrendered by the depositor. In this case also such a receipt under No : 29 had been issued to the depositor on 08.12.2007. In the said receipt the amount was specified as Rs. 3,000/-. In the reverse side of the receipt surrendered by the complainant at the time of receiving the passbook also, the amount was specified as Rs. 3,000/-.
As regards account 516269 it is respectfully submitted that as per the post office records a Savings Bank account for Rs. 250/- was opened at Panamanna south branch post office under Panamanna sub post office on 18.09.2006 in the name of the complainant. In the pay-in-slip (Form SB-103) signed by the depositor herself the amount was specified as Rs. 250/- in figures as well as in words. In this case also a SB – 26 receipt under No : 32 dated 18.09.2006 had been issued to the complainant at the time of opening of the account. In the said receipt the amount was specified as Rs. 250/- in the reverse side of the receipt surrendered by the complainant at the time of receiving the passbook also the amount was shown as Rs. 250/-. The passbook relating to the account was originally issued for Rs. 250/-. Sri. M. Vasudevan the then Sub Post Master of Panamanna sub post office said in his statement dated 23.09.2009 given before the Asst. Superintendent- Posts, Ottapalam sub division that the passbook relating to the account was originally issued for Rs. 250/-. However, in the passbook the amount is seen to have been corrected as Rs. 25,000/- subsequently.
In regard to accounts 514384 as per the post office records the said savings bank account for Rs. 250/- was opened at Panamanna south branch post office under Panamanna sub post office on 05.10.1994 in the name of Smt. Kamala Devi Amma, Chakkullithodi house, PO Panamanna south under account No. 514384. Up to 11.07.2003 the balance in the relevant passbook agrees with that in the post office records . However, In the passbook there are following entries after 11.07.2003.
Date Details of the Transactions Balance
Balance as on 11.07.03 17,600.55
25.12.03 Deposit Rs. 400/- 18,000.55
01.06.06 Red entry for Rs. 1478.15 19478.70
01.06.06 Red entry without date or
date-stamp impression for Rs.1386.90 20865.60
18.01.08 Withdrawal – Rs. 365/- 20500.60
18.01.08 Deposit – Rs. 500/- 21,000.60
But, the details of transactions available in the post office records for the period up to 18.01.08 are given below.
Date Details of the Transactions Balance
Balance as on 11.07.03 17600.55
01.04.04 Rs. 617/- (Interest for 2003-04) 18217.55
25.01.05 Withdrawal Rs. 2000/- 16217.55
25.02.05 Withdrawal Rs. 2000/- 14217.55
29.03.05 Withdrawal – Rs. 1600/- 12617.55
01.04.05 Rs. 604/- ( Interest for 2004-05) 13221.55
02.04.05 Withdrawal Rs. 11,000/- 2221.55
01.04.06 Rs. 78/- (Interest for 2005-06) 2299.55
01.04.07 Rs. 80/-(Interest for 2006-07) 2379.55
Unrealistic red ink entries for Rs. 1478.15 and Rs. 1386.90 which cannot be linked to any type of transactions are seen made in the passbook. In addition, there are two deposits for Rs. 400/- and Rs. 500/- on 25.12.2003 and 18.01.2008 respectively as per the passbook. Also, there is a withdrawal for Rs. 365/- dated 18.01.2008. The said deposits as well as the withdrawals do not find a place in the ledger. Further, as per the post office records two withdrawals each for Rs. 2000/- were taken from the account on 25.01.2005 and 25.02.2005 respectively. Also, two withdrawals for Rs. 1600/- and Rs. 11,000/- were taken on 29.03.2005 and 02.04.2005. None of the above -said withdrawals finds a place in the Pass Book. The voucher relating to the withdrawal dated 25.02.2005 is not readily available. It is submitted that in view of the serious discrepancies and in the absence of sufficient documentary evidence supporting the claim the department is not in a position to admit the claim relating to this account also.
Opposite parties submitted even though the complainant is not responsible for the fraud committed by the aforementioned Branch Postmaster, knowingly or unknowingly the complainant has contributed by reposing blind faith in the fraudster overlooking the official formalities. There is no negligence or deficiency in service on the part of 1st , 2nd and 3rd opposite parties.
The evidence adduced by the parties consists of their respective chief affidavits, Ext. A1 to A4 and Ext B1 to B15.
Issues for consideration are :-
Whether there is any deficiency of service on the part of opposite parties ?
If so, what is the relief and cost complainant is entitled to ?
Issues 1 &2
One term deposit and two SB deposits of the complainant with the opposite parties is admitted . According to the complainant the deposits are as follows.
Item No. P.O. Account No. Receipt No. and Date Amount of deposit
TD 933513 27, dated 8-12-2007 Rs. 30,000/-
SB 516269 25, dated 18-09-2006 Rs. 25,000/-
SB 514384 26, dated 18-01-2008 Rs. 21,000/-
Receipts for the said amount were issued to the complanant. Passbooks with proper entries were also given. Receipts marked as Ext. A2 to A4 shows that the complainant has deposited the above stated amounts with opposite parties. It is stated that the original passbooks were surrendered to the opposite parties for enquiry and duplicate passbooks were issued where in the entries are as follows.
Item No. Account No. Amount of deposit
TD 933513 Rs. 3,000/-
SB 516269 Rs. 291/-
SB 514384 Rs. 2,637/-
Opposite parties have relied on Ext. B2 to B15 documents which includes pay-in-slip for the deposits, application for opening TD accounts, copy of passbook, copies of voucher for withdrawal etc. to disburse the claim of the complainant. But it is seen that opposite parties themselves is doubtful regarding the veracity of the documents submitted by them. Admittedly the staff of the opposite parties has committed fraud. As the investigation is pending opposite parties still is not a position to say which all documents are forged or fabricated. So we are of the view that the documentary evidence adduced by the opposite parties is not at all a reliable evidence to disprove the claim of the complainant. Further complainant has argued for the position that the day to day activities of the opposite parties with regard to the complainant's account is against the SB rules stipulated in the post office Saving Bank Manual. Right from the opening of account opposite parties has acted against the rules. We also find that opposite parties has no case that complainant herself has filled the opening account form, pay in slip etc. According to the complainant , she has not given any withdrawal form produced by the opposite party.
As earlier pointed out since the opposite parties admits the fraud committed by their official and they themselves are not sure about the genuiness of the documents produced by them, the contentions of the opposite parties is not acceptable. Again we definitely agree with the stand of the complainant that for the fraud comitted by the staff of the postal authorities, a customer need not suffer. It remains a fact that complainant has deposited a certain amount with opposite parties which was not returned on demand/maturity. The act amounts to deficiency in service for which complainant has to be adequately compensated.
In the result complaint allowed. Opposite parties jointly and severally directed to refund complainant an amount of Rs. 76,000/- ( Rupees Seventy six thousand only) along with Rs. 30,000/- ( Rupees Thirty thousand only) as compenstation.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 20th day of December, 2012.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– Copy of counterfoil for payment of Rs. 30,000/- on 08/12/2007 in Panamanna south post office.
Ext.A2 – Receipt No. 25 dated 4/05/08 in respect of SB Account No. 516269 passbook receipt.
Ext. A3 - Receipt No. 26 dated 4/05/08 in respect of SB Account No. 514384
Ext. A4 - Receipt No. 27 dated 4/05/08 in respect of TD Account No. 933513.
Exhibitsmarked on the side of opposite party
Ext.B1- Copy of letter from S.I. Police, Ottapalam Police station to the opposite party.
Ext.B2- Copy of the Form SB. 103 – pay-in-slip.
Ext. B3- Copy of the Preliminary SB receipt No. 29
Ext. B4 – Copy of the T.D. Passbook.
Ext. B5- Copy of the application for opening an account to the complainant.
Ext. B6- Copy of the Form SB. 103 – pay-in-slip.
Ext. B7- Copy of the Preliminary SB receipt No. 32
Ext. B8- Copy of the statement from Sri. M. Vasudevan, Sub Postmaster dtd. 23.09.2009.
Ext. B9 – Copy of the statement from Sri. O. Mohanan, Postal Assistant dtd. 24.09.2009.
Ext. B10- Copy of the Mahila post office savings account passbook.
Ext. B11- Reconciliation of pass book account No. 514 384
Ext. B12- Copy of the withdrawal form of Rs. 2000/- dtd. 25.01.05.
Ext.B13- Copy of the withdrawal form of Rs. 1600/- dtd. 29.03.05.
Ext.B14- Copy of the withdrawal form of Rs. 11,000/- dtd. 02.04.05.
Ext. B15- Copy of the application for opening an account to the complainant.
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
No cost allowed.
