Haryana

Karnal

CC/57/2019

Anshu - Complainant(s)

Versus

The Chief Post Master General - Opp.Party(s)

Rajinder Parsad Munjal

12 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.  57 of 2019

                                                          Date of instt.04.02.2019

                                                          Date of Decision 12.02.2020

 

1. Anshu minor through his father Amarjeet son of Shri Prem Singh.

2. Abhay minor through his mother Seema Devi wife of Shri Amarjeet both resident of village Jarifabad, Tehsil and District Karnal.

                                                 …….Complainants.

                                              Versus

 

1.The  Chief Post Master General, Haryana Circle, Ambala-133001.

2. Head Post Master, Head Post office, Karnal.

3. Incharge Branch Post office, Manjura, Tehsil and District Karnal.

 

                                                                        …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Rajinder Prashad Advocate for complainants.

                  Shri Surinder Saini Advocate for opposite parties.

                                              

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainants u/s 12 of the Consumer Protection Act 1986 on the averments that the complainants deposited various amount in Fixed Deposits with the Branch Post office Manjura, the detail of which is given as under:-

Sr.    Name of a/c   Type of a/c        Date of opening   A/c no. allotted        Amount outstanding

No.   holder             and amount      of account                        by B.P.O. Manjura    payable by post  

                                                                                                                        Office

1. Anshu s/o           Five years FD     25.06.2014            992751                      Rs.30,000/- plus

    Amarjeet             amounting to                                                                    interest

                               Rs.30,000/-

2. Abhay s/o           Three years FD   16.08.2016           494439                      Rs.50,000/-

    Seema Devi        amounting to                                                                    plus interest

                               Rs.50,000/-

The abovesaid amount deposited by the complainants with the official Incharge of department posted at Branch Post Office Manjura, who collected the above amount on behalf being an employee/agent of the OPs with the assurance that the same shall be paid with interest on maturity as applicable to such accounts from time to time. It is further alleged that when the date of maturity came nearby and complainants were in need of said money, it came to the notice of the complainants that the alleged Incharge of the Branch Post Office Manujra have committed suicide and when the new Incharge joined the said Post Office, on contact, he informed complainants that no such amount for which FDRS, pass books have been issued by the alleged Incharge has not been accounted for in the relevant books of Post Office and denied to refund the amount deposited by complainants. The FDRs bears authenticated stamp of Post Office and signature of the then Incharge holding the post of Incharge Sub Post Office Manujra at that time. The matter was brought into the notice of the higher authorities and enquiry was conducted by the Senior Officers of the Post office and they collected the original FDRs and Saving Bank Accounts pass books from complainants as well as other beneficiaries/account holders under acknowledgement and receipts sometime about eight months back and with the assurance that after conducting enquiry, the matter will be sort out and the amount will be refunded to complainants at the earliest with accumulated interest. It is further alleged that the matter brought into the notice of District Administration through a complaint filed with the CM Window but no fruitful action was taken in this regard by the OPs. However, an assurance was given by the OPs in the grievances Committee headed by Minister concerned that the depositor will be given their amount shown in their Saving as well as FDRs pass book. But the amount has not been refunded with interest till date. Complainants approached the OPs so many times and requested to refund the amount but OPs always postponed the matter on one pretext or the other. Then complainants sent a legal notice dated 01.10.2018 to the OPs in this regard, which was replied by the Sr. Supdt. Post Master, Karnal on 03.12.2018 stating therein that in some accounts, the then GDSBPN Sh. Pala Ram himself prepared and issued fake pass books alongwith the amount mentioned therein, but all such pass books as mentioned in legal notices have no details or records in the records of Branch Post Office Manjura and denied their liability to pay/refund the alleged amount deposited by the complainants with interest and disposed of the legal notice served by the complainants accordingly without taking any action. Due to this act and conduct of the OPs complainant suffered, mental pain and agony, harassment as well as financial loss. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who appeared and filed written version raising preliminary objection with regard to maintainability; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that it is wrong and denied that the complainant has account no.992751 and has deposited FD for Rs.30,000/- on 25.06.2014 for a term of five years in the name of Anshu son of Amarjeet and Rs.50,000/- on 18.06.2016 with account no.494439 in the name of Abhay son of Seema Devi for a term of three years.  As per Government record, Saving Bank Account no.995751 stands in the name of Shri Jai Singh son of Shri Mam Chand for Rs.86/- and account no.494439 had been closed on 24.03.2012. The depositors has deposited amount in five years FD and five years FD means fixed deposit amount for five years but as per passbook, the depositor has been making transactions of deposit and withdrawals in the account as in saving bank account. Infact, there is no scheme as fixed deposit available in Post Office saving bank scheme and as per version of complainant, they have deposited fixed deposits in Manjura branch office. In post offices, there is time deposit account scheme exists, which means only one deposit in one account. The alleged pass books were prepared and issued by Shri Pala Ram, the then GDSBPM at his own without any intimation to the account office, Nissing. It is further pleaded that the amount has not been deposited as per Government record. Shri Pala Ram, the then GDSBPM had made forged fixed deposit passbook accounts at his own without any intimation to the Account office i.e. Nissing Sub Post Office. It is further pleaded that as per general instructions issued by the department of posts in cover page of saving bank passbook at serial no.2, it is clearly mentioned that it is the duty of the depositors to confirm balance shown in the passbook from the concerned post office and the post office is legally liable to pay the amount actually available in its record. Further, the branch postmaster is not authorized to issue any kind of saving scheme passbooks for new accounts are issued by the account office of the branch office. As per photocopy of passbooks attached by the complainant, Shri Pala Ram had made forged fixed deposit passbook accounts. It is crystal clear from the passbooks that the said passbooks do not bear serial no.1 and 2 etc. CBS (Core Banking Solution) passbook SB-5 are used in SB/RD/MIS/SCSS/SSA and PPF schemes whereas SB-5A (passbook) will be used for NSV/KVP and TD accounts. The entries in CBS passbooks are being made through printer. It is further pleaded that the enquiry was conducted by the Inspector, Post Officers(East) Sub Division Karnal and as per enquiry report verification of all accounts (1280) for the period w.e.f. 07.11.1997 to 16.01.2018 have done at branch office Manjura by the committee and no case of fraud came out but in some accounts the aforesaid Pala Ram himself prepared and issued fake passbooks. These passbooks are mentioned in the claim application have no details or records in the branch office Manjura (Nissing). It is further pleaded that Shri Pala Ram has made forged fixed deposit passbook accounts without any intimation to account office i.e. Nissing Sub Post office. Moreover, no complaint regarding non-depositing of the amount in the government account has received from any depositor during the lifetime of Shri Pala Ram. However, branch post master is not authorized to issue any kind of saving scheme passbooks. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to ExC6 and closed the evidence on 13.08.2019.

4.             On the other hand, OPs tendered into evidence affidavit of J.K. Gulati Senior Superintendent Ex.OP1/A and documents Ex.OP1 and Ex.OP2 and closed the evidence on 16.01.2020.

5.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             The complainants have submitted that they had deposited as FDRs, an amount of Rs.30,000/- on 25.06.2014,  in the name of complainant no.1 in his account no.992751 and Rs.50,000/- in the name of complainant no.2, in his account no.494439 for a term of three years. The abovesaid accounts were open by the OP no.3 in his branch.  When the date of maturity came nearby and complainants were in need of the money, it came notice of the complainants that, the then GDSBPM, has committed suicide. When the new Incharge joined the said post office, on contact, he informed the complainants that no such amount for which FDRs, passbooks have been issued by the said Incharge, has not been accounted for in the relevant books of Post Office and denied to refund the deposited amount.

7.             It is not disputed that the then Incharge Branch Post Office Manjura, namely Pala Ram, who has issued the FDRs, has committed suicide.

8.             The learned counsel for the complainants submitted that the then OP no.3 had made entry in the pass book of the complainants namely Anshu and Abhay regarding depositing an amount of Rs.30,000/- and Rs.50,000/-. The photo copies of the passbooks are Ex.C1 and Ex.C2. The receipts Ex.C3 and Ex.C4 have been issued by, the then OP no.3, in the name of Anshu and Abhay respectively with regard to deposit the money.

9.             Complainants served a legal notice Ex.C5 to the OPs and same was replied by the  Senior Superintendent of Post Office Division Karnal admitting that Shri Pala Ram, the then (OP no.3) himself prepared and issued the fake passbooks.

10.            The learned counsel for the OPs submits that, as per Government record, Saving Bank Account does not exists in the names of the complainants. The alleged passbooks were prepared and issued by Pala Ram the then GDSBPM at his own, without any intimation of the account office Nissing. The amount has not been deposited as per Government record. Moreover, as per general instructions issued by the department of posts, it is clearly mentioned that it is the duty of the depositor to confirm the balance shown in the passbook from the concerned post office and the post office is legally liable to pay the amount actually available in its record.  Further, the branch post master is not authorized to issue any kind of the saving scheme passbooks. The OPs are not liable for any wrong act or mis-appropriated the amounts of the depositors received by Pala Ram the then OP no.3.

11.            Learned counsel for the complainant submits that it has been proved on the record that Pala Ram the then OP no.3 received the amount of Rs.30,000/- and Rs.50,000/- from the complainants for depositing the same as FDR  and made entry in their pass books, but committed fraud by not depositing the same in the post office.  It has lastly been argued that the then opposite party no.3 was employee of the Postal Department, therefore, the post office is accountable for his mis-conduct and the complainants are entitled to recover the amount from the post office and its vicarious liability of the OPs. In support of his contention, he placed reliance upon Branch Manager, Central Bank of India Versus Bagwan Vishnoo Mahadeshwar 1(2004) CPJ 193, National Insurance Co. Ltd. Vs. Risheendran Nambiar and others in Revision Petition no.2153 of 2010, decided on 14.03.2018, Post Office & Anr. Vs. Akhilesh Grover in Revision Petition no.1278 of 2016, decided on 06.10.2017, State of Maharashtra and Ors. Vs. Kanchanmala Vijyasing Shirke and Ors in Civil Appeal no.7564 of 1995 (Arising out of S.L.P. (Civil ) no.3298 of 1993) date of decision 22.08.1995 of Hon’ble Supreme Court and 2008(2) CPJ 365 in case titled as Rigid Global (India) Versus Iffco Tokio General Insurance Company Ltd. and others of Hon’ble State Commission Rajasthan (Jaipur)              

12.            The following questions arise for consideration:-

1. Whether the complainants had handed over the amount as alleged by them to the then OP no.3 or not?

2. Whether the entries in the passbook of the complainants were made by the then OP no.3 or not?

3. Whether the department i.e. OPs no.1 and 2 are liable for the wrong acts of its employees.?

                The questions no.1 and 2 are decided together being interconnected and for the sake of brevity and in order to avoid repetition. The complainants and other depositors have filed the complaints on the similar allegations against the OPs. It is not disputed that the then OP no.3 was not an employee of OPs no.1 and 2. He was working as Gramin Dak Sewak Branch Post Master (GDSBPM) in the branch Post office Manjura. The villagers made complaints against Pala Ram (the then OP no.3) for mis-appropriating their money for not depositing in their accounts. The enquiry was conducted and it was found that there is mis-appropriation of Public money by Pala Ram ( the then OP no.3) and no case of fraud has come into light on the part of the department. This fact has been mentioned in the report Ex.OP2 issued by Inspector of Post Office East Sub Division Karnal. Pala Ram the then OP no.3 has been committed suicide. In view of the above discussions and circumstances of the case, it has been proved that the complainants had handed over the alleged amount to Pala Ram the then OP no.3 and entries in the passbooks of the complainants were also made by said Pala Ram.

13.            The last question of the consideration is that whether the concerned department is liable for the wrong acts of its employees. In Branch Manager, Central Bank of India’s case (supra) wherein deposits were regularly paid to the Agent, under Mini Deposit Scheme. Entries were made in the pass book evidencing payment. Agent Committed fraud and did not deposit the amount in bank. Under those circumstances, it was held by Hon’ble Maharashtra State Consumer Disputes Redressal Commission, Mumbai that the bank was accountable for the misconduct of the Agent. In Risheendran Nambiar’s case (supra) the insurer shall be responsible for all the acts and omissions of its agents including violation of code of conduct specified under clause (h) of sub section (3) and liable to a penalty which  may extend to one crore rupees.  In Akhilesh Grover’s case (supra) not delivering the speed post article to its addressee clearly constituted a willful act of deficiency in service of their part. In Kanchanmala Vijaysing’s case (supra) the Hon’ble Supreme Court has held that vicarious liability Accident-Driver under the influence of liquor authorized a clerk to drive-Jeep belonging is state Government the scooter resulting in a fatal accident-Held, that it is a negligent act in the course of employment-Further held that the State cannot escape its vicarious liability to pay compensation to the heirs of the victim. In Rigid Global’s case (supra) in which Hon’ble State Commission Rajasthan held that misrepresentation or fraud-A principal is liable for agents’ fraud acting within scope of his authority, whether fraud is committed for benefit of principal or for benefit of agent. The abovesaid judgments are fully applicable to the facts of the present case. Thus, we are of the considered view that Post Office Department is liable for the wrong acts its employees. Thus, act of the OPS are amounts to deficiency in services and unfair trade practice.

14.            As stated above that Pala Ram the then OP no.3 was the employee of OPs no.1 and 2, hence the OPs no.1 and 2 are liable for wrong act committed by the then OP no.3.

15.            OPs no.1 and 2 are at liberty to recover the awarded amount from the assets of the concerned defaulting employee i.e. Pala Ram (since deceased) the then OP no.3 or his LRs as per law.

16.            Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs no.1 and 2 to refund the amount of Rs.30,000/- to the complainant no.1 and Rs.50,000/- to the complainant no.2  with interest @ as prescribed in the FDRs from its deposition till its realization. We further direct the OPs no.1 and 2 to pay Rs.10,000/- to the complainants on account of mental agony and harassment suffered by them and for the litigation expense. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:12.02.2020               

                                                       

                                                                   President,

                                                              District Consumer Disputes

                                                               Redressal Forum, Karnal.      

 

               

     (Vineet Kaushik)             (Dr. Rekha Chaudhary)

                   Member                        Member