West Bengal

Kolkata-I(North)

CC/338/2019

Sk. Monoruddin Ali - Complainant(s)

Versus

The Chief Post Master General, West Bengal and 3 others - Opp.Party(s)

Rama Acharyya

08 Nov 2019

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/338/2019
( Date of Filing : 18 Oct 2019 )
 
1. Sk. Monoruddin Ali
S/o Sk. Sajed Ali, Vill. & P.O. - Dihi Mandalghat (via Anantapur), P.S. - Shyampur, Pin - 711301.
Howrah
...........Complainant(s)
Versus
1. The Chief Post Master General, West Bengal and 3 others
Yogayog Bhavan, P.S. - Bowbazar, Kolkata - 700012.
2. The Post Master General, South Bengal Region
Yogayog Bhavan, P.S. - Bowbazar, Kolkata - 700012.
3. The Senior Superintendent of Post Office
Howrah Division, Howrah - 711101.
4. The Senior Post Master
Howrah H. O.
Howrah
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 08 Nov 2019
Final Order / Judgement

Order no. 2

           The complainant has filed this case against the o.ps with the allegation that though he deposited an amount of Rs.40,653.75 but on enquiry he came to learn that the amount lying in his account to the tune of Rs.53.75. The said detection was made by the complainant in the year 2007. The account maintained by the complainant at Anantapur Dihi Mandalghat is under jurisdiction of Howrah Head Post Office. On perusal of the record we find that the complainant has alleged that there is misappropriation of the amount in respect of the account held by him in the said sub-post office at Anantapur Dihi Mandalghat. The complainant has not made the said post office as party to this case and only he made some correspondences with the Post Master General, South Bengal Region, Yogagyog Bhawan, Kolkata cannot give rise to the complainant to file the case within the territorial jurisdiction of this Forum. Apart from the said fact whenever the complainant alleged that there is misappropriation of fund and fraud has been practised coupled with breach of trust, therefore, those allegations totally falls within the criminal activities of the concerned post office and the said fact is to be investigated by the police vis-à-vis the departmental investigation is to be made by the concerned head post office under whose jurisdiction the said sub-post office is situated.  It has been held by the Hon’ble National Commission that the C.P. Act has not given any right to the Forum to enter into any disputes relating to criminal offence. Again the case has also been filed beyond the statutory period of 2 years from the date of detection of withdrawal of the amount from his account.

            Having regard to the facts and circumstances stated above the case filed by the complainant is a misconceived one and the same is dismissed in limini.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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