- Kawsar Ali Mollah,
- H. Zahiruddin Quazi,
- Humera Sultana Quazi,
All residing at
4, Girish Chandra Bose Road,
Kolkata-14.
____Versus____
- The Chief Post Master General
West Bengal Circle
P-36, C.R. Avenue, Yogayog Bhawan,
P.S. Bowbazar, Kolkata-12.
- Sri Alok Kr. Ghosh
423/1, S.K.B. Sarani,
P.S. Lake Town, Kolkata-30.
- Sr. Supdt. of Post Offices
Central CalcuttaDivison, Kolkata-7
- Sri Alok Kr. Ghosh S.P.M.
Park Street Post Office
P.S. Park Street, Kolkata
Sri Debabrata Das, Sub Post Master
Asylum Lane Post Office, Kolkata-14. ________ Opposite Parties
Present : Sri Sambhunath Chatterjee, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 30 Dated 12/08/2016.
The case of the complainant in brief is that the complainant has six postal savings under MIS scheme for the period 2008-2014 amounting to Rs.8,15,000/-. The complainant also purchased KVP of Rs.10,000/- each numbering 19 with maturity date 12.9.13. The complainant decided to purchase a flat and for that purpose approached the bank for house building loan and wanted to encash the savings. The Sub Post Master Alok Kr. Ghosh asked the complainant to hand over the papers including the pass book without giving any receipt and the said Alok Kr. Ghosh assured him that he will make arrangement for the payment within a few days. The complainant on good faith handed over those documents and the holders of those KVPs and other documents were signed by the authorized signatories in respect of those documents.
Subsequently, on 23.5.09 while the complainant want to Asylum Post Office he noticed that Alok Kr. Ghosh was transferred and he made the new post master and asked for the amount to which he informed him that all the amount in respect of those MIS account disbursed. After coming to know said fact the complainant lodged FIR against said Alok Kr. Ghosh and others and an enquiry was held and CBI SEB submitted charge sheet, but no fruitful result was achieved, as a result of which complainant has prayed for the amount as admissible for the deposit with interest @ 15% and also prayed for compensation for deficiency in service and also further claim damage for unfair trade practice and also for cost.
The o.ps. contested the case by filing a w/v whereby the allegations of the complaint were denied. It was denied that depositor Kawsar Ali Mollah submitted MIS book at the post office and as per office record MIS A/C No.9903889 was closed on maturity on 1.1.09 and the complainant himself put his signature on the receipt of payment dt.10.1.09.
It was further stated that as per office record MIS A/C9906252 was opened on 5.5.08 in the name of Manjori Goswami, Utsa Chakraborty and Madhumita Chakraborty. So, the question of submitting the said MIS account to the Sub Post Master for pre mature closure is absolutely false. It was emphatically stated by o.ps. that there is no documentary evidence in support of the contention of the complainant he handed over the MIS pass book or KVPs etc. and Alok Kr. Ghosh was transferred to Park Street head office on 25.8.08 and he joined there on 23.5.09 as of routine transfer. It was also stated that CBI enquiry was held and submitted a report and in the said report it was specifically stated that there was/is no documentary evidence to prove misappropriation as alleged by complainant, withdrawal slip and discharge KVPs were signed by the concerned parties and the record relating to the payment of closed amounts were maintained properly. In view of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of the respective parties the following points are to be decided:
- Whether the complainant handed over the documents viz. MIS, KVP, etc. to Alok Kr. Ghosh.
- Whether Alok Kr. Ghosh misappropriated the amount.
- Whether any fraud was practiced by the employees of the post office.
- Whether there was any deficiency in service on the part of the o.ps.
- Is the complainant entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repeatition of facts.
Ld. lawyer for the complainant submitted that the complainant had good relationship with Alok Kr. Ghosh and on good faith he handed over the MIS pass books and KVP certificates after putting signatures on the respective certificates by the holder of those documents. Ld. lawyer further submitted that the complainant went to post office to get the pre matured sum, but unfortunately he found that Alok Kr. Ghosh was transferred. He thereafter made the Post Master in charge of the said post office who disclosed him that the certificates have already been encashed and the MIS accounts have been closed. On getting such information the complainant became anxious and he realized that fraud was practiced upon him and he lodged a complaint to CBI and enquiry was held and since no fruitful result was achieved, complainant had to file this case.
Ld. lawyer for the o.ps. vehemently opposed the prayer of the complainant by submitting that the case has been dragged unnecessarily since there is no substance in the case itself. Ld. lawyer emphasized that CBI enquiry was held and final report was submitted whereby CBI could not find any fault on the part of the o.ps. After submissions of final report notice was issued to the complainant, he appeared before the Ld. Judge CBI Court and he admitted that he had no grievance against the said misappropriation of fund. On the basis of the said fact ld. lawyer argued that the case must fail since CBI did not support the case of the complainant and as such, complainant has failed to prove that there was any deficiency in service on the part of the o.ps.
Considering the submissions of the respective parties it appears that Kawsar Ali Mollah and his relatives had some MIS accounts and also they had KVPs in their respective names and from the official record of the post office it transpires that the MIS accounts were closed and the amount was handed over to the complainant. Apart from the said fact on the basis of the complaint lodge by the complainant CBI investigation was made and during the investigation CBI entered into the official record and collected documents and thereafter came to the conclusion that the allegations made by complainant was not supported by any documentary evidence and accordingly final report was submitted.
After submissions of the final report Ld. Judge CBI Special Court sent a notice to the complainant who appeared before the Ld. Judge and on oath he stated that he does not have any grievance against the said Alok Kr. Ghosh or the post office.
Having regard to the facts and circumstances of the case we hold that the case has unnecessarily been proceeded for so many years and we do not find any material to hold that there was no deficiency in service on the part of the o.ps. Accordingly, we hold that the case must fail.
Hence, it is ordered,
That the C.C. No.506/2012 is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
