West Bengal

Paschim Midnapore

CC/2/2012

Sri Kanailal Dey - Complainant(s)

Versus

The Post Master, Balichak Sub Post office at Balichak - Opp.Party(s)

23 Apr 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 02/2012                                                         Date of disposal: 23/04/2012                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. P. K. Sarkar.

                                                      MEMBER :  Mrs. D. Sengupta.

    For the Complainant/Petitioner/Plaintiff: Mr. A. Haldar.

    For the Defendant/O.P.S.                          : Mr. S. Parya.

Sri Kanailal Dey, S/o-Late Bibhuti Bhusan Dey, Vill  Mirupur, P.O.-Jasarajpur, P.S.-Pingla, Dist-Paschim Medinipur.………….…Complainant.

                                                            Vs.

1. The Post Master, Balichak Sub Post office at Balichak, P.O. Balichak, Dist-Paschim Medinipur
2. Sr. Superintendent of Post Offices, Midnapore Division, P.O.-Midnapore, Dist-

      Paschim Medinipur

3. Sri Biswanath Midhya, S/o-Atul Midhya, Vill-Bidhannagar, Balichak, P.O.-

      Balichak, Dist-Paschim Medinipur…………………Ops.

                      The complainant’s case, in brief, is as follows

                      The complainant being a retired primary school teacher invested Rs.1,35,000/- in MIS Account No.50139 dated 29/04/2005, Rs.75,000/- in MIS Account No.50269 dated 17/08/2005, Rs.30 000/- in MIS Account No.50642 dated 25/09/2006 and Rs.50,000/- in MIS Account No.50682 dated 01/11/2006 in the sub post office  at Balichak.  The maturity dates of the aforesaid MIS Accounts were 29/4/2011, 17/8/2011, 25/9/2012 and 1/11/2012 respectively.  The complainant opened those MIS Accounts through the Op. No.3, the authorized agent of Op. No.1.  The complainant also opened two Recurring Deposit Accounts being Nos.96914 and 101439 in the said Post Office through the Op. No.3, for depositing the monthly interests of the aforesaid MIS Accounts.  The complainant left the MIS Pass Books and the Recurring Deposit Pass Books with the Op. No.3 to deal with those accounts. Later on, the complainant came to know that the Op. No.3 managed to withdraw moneys from those MIS Accounts by closing the same prematurely without his knowledge and consent. On enquiry the complainant came to know that his MIS Account Nos.50139, 50269, 50462 and 50682 were prematurely closed by

Contd………….P/2

 

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the Op. No.1 on 01/03/2008, 01/3/2008, 14/12/2007 and 14/12/2007 respectively.  The complainant lodged a complaint before the Op. No.1 as well as to the Assistant Superintendent of Post Office, Kharagpur Sub Division and in reply to such complaint the Assistant Superintendent of Post Office, Kharagpur, Sub Division, by his letter dated 09/10/2009 directed the complainant to appear before the enquiry squad at Balichak Post Office on 16/10/2009 at 10 a.m. with all relevant documents but the matter was not settled. Then on 13/7/2011 the complainant lodged a complaint before the Assistant Director, Postal Service (SB) West Bengal Circle, Kolkata-12, who forwarded the complaint to Op. no.2 for taking necessary action  and on 01/9/2011, the Op. No.2 vide his letter dated 01/9/2011 intimated the complainant that the departmental enquiry was going on in the matter of  his complaint and on 23/9/2011 the complainant appeared before the Assistant Superintendent of Post Office, Serampore, Hooghly, who was appointed as enquiring officer in the matter  the complaint, but no fruitful result had  been achieved.  It is further submitted that as par circular No.DG Post Letter No.50-13/2000-SB dated 31/5/2000, the payment of Rs.20,000/- or more should have been made by an account payee cheque or by a bank draft, but the complainant never received any A/C Payee Cheque or any Bank Draft from the office of the Op. No.1 for the premature encashment of his MIS Accounts.  It is alleged that the Op. No.1 in connivance that the Op. No.3 encashed the complainant’s MIS Accounts prematurely without his knowledge and consent and misappropriated the proceeds of  same. As such the complainant filed the instant complaint alleging deficiency of the service on the part of the Op. Nos.1&2, with prayer for issuance of direction upon the Op. Nos.1&2 to pay Rs.4,04,300/- illegally withdrawn by way of encashment of his MIS Accounts along with interest thereon @12% par annum, to pay compensation of Rs.50,000/- for their deficiency of service, and to pay the litigation cost of Rs.15,000/- to the complainant.

                 The Op. Nos.1&2 contested the case by filing their W/O contending inter alia that the MIS Accounts No.50139 and 50269 of the complainant were prematurely closed on 01/3/2008 and the MIS Account Nos. 50642 and 50682 of the complainant were prematurely closed on 14/12/2007 and the proceeds of MIS Account Nos.50139 and 50269 amounting to Rs.1,32,300/- and Rs.73,500/- respectively were transferred to SB A/C No.734463 of the Op. No.3, as mentioned in the left hand top corner of the withdrawl form duly signed by the complainant, and the proceeds of MIS Account Nos.50642 and 50682 were paid to the Op. No.3, who was appointed as messenger by the complainant in the withdrawl form duly signed by him. The Op. Nos.1&2 further contended that the depositor was required to keep the MIS Account Pass Books in his personal custody and was cautioned not to hand over the blank signed withdrawl from(s) to any person including the authorized agents as par general instruction to the depositors printed

Contd………….P/3

 

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in the cover page of the Pass Books; and that having failed to follow the said guidelines printed in the Pass Books, the Op nos.1&2 are not liable for  the alleged unauthorized withdrawal of moneys by way of premature encashment of the MIS Accounts of the complainant by the Op. No.3, using the withdrawl forms duly signed by the complainant. The Op. nos. 1&2 also submitted that their enquiry revealed that the MIS Accounts of the complainant were closed by using withdrawl form No.SB-7 instead of SB-7A and the payment exceeding Rs.20,000/- was paid in cash to the messenger of the complainant, the Op. No.3, and for commission of such irregularities  the Post Master  and the SB Account Assistant of Balichak  sub post office  have already been charge sheeted in the departmental proceeding initiated by them; and that the Debra P.S. case No.159/11 dated 3/7/2011 under Section 320/406 IPC  started on the basis of  the FIR lodged by the complainant is still pending for enquiry by the police.  According to the Op nos. 1&2, there was no deficiency of service on their part and as such the complaint filed by the complainant is liable to be dismissed.

            The Op no.3 has not turned up in spite of service of notice and as the case has been heard ex-parte against him.

The points for decisions are :

     (1)Whether the complainant is a consumer within the meaning of the section   2 (1) (d) (ii) of the C.P. Act, 1986 ?

     (2)Whether the Ops. are deficient in service within  the meaning of section 2 (1)(g) read with section 2(1)(o) of the C. P. Act, 1986 ?  

      (3) Whether the complainant is entitled to get the reliefs as sought for ? 

Decisions with reasons : 

Point no. 1.

1. Admittedly the complainant opened MIS Account No.50139 dated 29/4/2005 for Rs.1,35,000/-, MIS Account No.50269 dated 17/8/2005 for Rs.75,000/- MIS Account No.50642 dated 25/9/2006 for Rs.30,000/- and MIS Account No.50682 dated 01/11/2006 for Rs.50,000/- in Balichak Sub Post Office through their agent Shri Bishwanath Mirda, the Op. No.3.  According to the complainant, he also opened two recurring deposit accounts being Nos.96914 and 101439 in the said sub post office and left the MIS Pass Books and Recurring Deposit Pass Books with the Op. No.3 for taking necessary steps to transfer the monthly interests of his MIS Accounts to those Recurring Deposit Accounts, and latter on, he came to know that the Op. no. 3 had withdrawn the moneys by premature closing of his MIS Accounts  by using the withdrawal forms duly signed by him,  in connivance with the Op. No.1, without his knowledge and consent. As such the complainant filed the instant complaint alleging deficiency of the service

Contd………….P/4

 

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on the part of the Op. Nos.1&2 with prayer for issuance of direction upon them to pay Rs.4,04,3,00/- illegally withdrawn by way of encashment of his MIS Accounts along with interest thereon @12% par annum, to pay compensation of Rs.50,000/- for their deficiency of service, and to pay the litigation cost of Rs.15,000/- to him. Under the given facts and circumstances, there no doubt that the complainant is a consumer of the Op. nos. 1&2.

Point nos. 2 & 3.

          The Op nos. 1&2 admitted in their written statement that the Op. No.1 and the SB Counter Assistant allowed the Op. No.3 to close the MIS Accounts of the complainant on the basis of form No.SB-7 duly filled in and signed by the complainant instead of requiring the applicant/depositor to use form No.SB-7A to close such accounts as par relevant rules, and the Op. No.1  also paid cash more than Rs.20,000/- to the messenger of the complainant, i.e.,  the Op. No.3, which was required  to have been paid by an A/C Payee Cheque or by a Bank Draft, and that for such irregularities committed by the Op. No.1 and the SB Account Assistant of the  Balichak sub-post office, they have been found guilty and charge sheeted in the departmental proceeding initiated by them.  It is also admitted by the Op nos. 1&2 that the proceeds of premature closing of the MIS Accounts Nos.50139 and 50269 have been transferred to the SB Account No.734463 of Op. No.3, as endorsed on the top left hand corner of the withdrawl forms duly signed by the complainant, which also appears to be quite unusual, in absence of any specific instruction from the complainant/ depositor. The manner in which the MIS Accounts of the complainant were allowed to be closed by the Op. No.1 and the manner in which the proceeds of the closed MIS Accounts were either transferred to the bank account of the Op. No.3 or paid to the Op. No.3 in cash, suggested that the Op. No.1, the Post Master,  and the SB Account Assistant of  Balichak sub-post office entered into a criminal conspiracy with the Op no.3 to misappropriate the moneys deposited by the complainant in his MIS Accounts, which were opened by the complainant  in the Balichak Sub-Post Office through the Op. No.3. As such the Op no. 2 is vicariously liable to compensate the loss suffered by the complainant for misappropriation of the moneys deposited by the complainant in his MIS Accounts in the Balichak Sub-Post Office, by the Op No. 3 in collusion with the Op. No.1and the SB Account Assistant of the post office.  So we propose to direct the Op no. 2 to pay Rs.4, 04,3,00/- illegally allowed to be withdrawn from the  MIS Accounts  of the complainant by the Op no.1, along with interest thereon @10% par annum, to pay compensation of Rs.5,000/- for their deficiency of service and harassment of the complainant, and to pay the litigation cost of Rs.2,000/- to the complainant.

Contd………….P/5

 

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                             Hence, it is

                                                Ordered

                                                              that the complaint be allowed on contest. The Op no. 2 is directed the to pay Rs.4,04,3,00/- illegally withdrawn from the  MIS Accounts  of the complainant by the Op No. 3 in collusion with the Op. No.1and the SB Account Assistant of the post office, along with interest thereon @10% par annum from the date of such withdrawal till this date, to pay compensation of Rs.5,000/- for their deficiency of service and harassment of the complainant, and to pay the litigation cost of Rs.2,000/- to the complainant, within 45 days from the date of communication of this judgement, failing which they are liable to pay interest on the amounts due @ 12% per annum till compliance of the order.              

Let the copies of the judgment be supplied to the parties free of cost. 

Dic. & Corrected by me

                                                                        I agree                      

              

         President                                               Member                              President

                                                                                                              District Forum

                                                                                                           Paschim Medinipur.