JUDGEMENT

Shri A.K.Patra,President:

1. Heard. Perused the material on record. We have our thoughtful consideration to the submission of the Ld. Counsel for the parties.
2. Brief facts of the case are that, the Complainant is a bonafied depositor of Opp.Party No.1  having  Saving Account vide A/c No.1825439020 where he has deposited Rs.1,59,996/- and four fixed deposit for a sum of Rs.1,00,000/-  each in total Rs.4,00,000/- issued on 19.11.2015 for a term of one year. On 30.11.2015 the complainant noticed that, the account number are not mentioned in the aforesaid  fixed deposits for which  he went to the said Post office for inquiry where he came to know that, the then post master of the said branch had committed fraud with the customer’s account  and misappropriated a huge amount  of the customers. Thereafter the complainant submitted his grievance before the Opp.Party No.2- Superintendent of Post Offices, Kalahandi  upon which   the Opp.Party No.1  taken all original pass books of said FD( 4 Nos) and the Pass Book  from the complainant  to return the money after maturity.  After maturity,  the complainant approached the Opp.Party No.2 to withdraw the said deposits  but the OP No.2  avoided the complainant  taking the plea that, the deposits are under the process of departmental inquiry and it will be realized after completion of such inquiry and later on, the Ops freezed the savings account of the complainant without any reason. Finding no other option, the complainant approached this Commission seeking an order  directing  the Ops to pay the FD amount of Rs.4,00,000/- & Rs.1,59,966/- with up to date interest along with compensation of Rs.50,000/-  for mental agony and financial loss with litigation cost .
3. On being noticed, the Ops appeared through their learned advocate Mr. R.K Acharya and filed their written version denying the petition allegation on all its materials particulars.. However, the O.Ps  in their  written have version admitted the fact that, the complainant is  the holder of Post Office Savings Bank Account No.1825439020 operated at Bhawanipatna Stadium Sub Post Office (op.no1) and as per the entries made in the Pass ;book, five deposit transactions each of Rs.1,11,040/-  and one withdrawal of Rs.4,00,000/- only on 19.11.2015 are found  entered in the pass book showing balance available as Rs.1,59,966/- .However, none  of the entries has been authenticated with the date stamp impression of Bhawanipatna Stadium Post Office. As to the irregularities in the passbooks, the complainant brings to the notice of the Ops on 30. 11. 2015 . It is al so admitted that, the then Sub Post Master, Bhawanipatna Stadium Sub Post Office committed fraud from several accounts at the said post office and during course of investigation, pass books of several depositors  including the complainant were collected. After carrying out a detailed investigation and upon establishment of a case of genuine misappropriation, refund of the deposited amount with admissible interest could be made.
4. It is further submitted by the Ops that, as per the pass book No.1825439020 there are  four deposits but none of those  transactions are available in the officer ledger  and none of the entries have been authenticated with seal and stamp of the concerned post office. The investigation process is under way and case of the complainant is yet to be settled.  There is no deficiency in service on the part of the Ops and as such the Ops are not liable for payment of any compensation or cost of litigation as claimed by the complainant.  The complaint petition is not maintainable and liable for rejection with cost.
5. After perusal of the complaint petition, written version, evidence on record and all the documents relied on by both the parties the points of consideration before this Commission is whether the complainant is entitled for the relief(s) claimed and whether the ops have deficient in service to settle the claim of the complainant?
6. To substantiate   his claim the complainant has filed the following documents along with his complaint petition:-

1. Annexure –I Original receipt dated 30.11.2015 issued by the O.P No.2 against 4 (four) Nos. of fixed deposits.
2. Annexure-II Original receipts issued by the O.P No.2 against the saving account vide A/c No.1825439030.
3. Annexure-III ,IV,V and VI –Xerox copy of 4 Nos of fixed deposits.
4. Annexure-VII –Xerox copy of the grievance dated 22.08.2019 filed by the complainant.
5. Annexure-VIII –Xerox copy of the postal receipts with the grievance dated 22.08.2019.
6. Annexure-IX Original Acknowledgement returned to the complainant dated 23.08.2019.
7. Annexure-X –Copy of the letter dated 13.09.2019.
8. Annexure-XI-Copy of the pleader notice dated 29.10.2019 along with the postal receipts.
9. Annexure –XII-Copy of the letter dated 05.11.2019 along with envelope. So also the complainant has filed evidence on affidavit which is corroborated with the averment of the complaint petition is remain un-rebutted. The O.Ps has failed to adduce any evidence on affidavit as prescribed under C.P Act.  

7. Here, in this case, the OPs have not disputed the deposited amount of the complainant rather admitted the facts that the complainant is  the holder of Post Office Savings Bank Account No.1825439020 operated at Bhawanipatna Stadium Sub Post Office and as per the entries made in the Pass book  five deposit transactions each of Rs.1,11,040/-  and one withdrawal of Rs.4,00,000/- only on 19.11.2015 are found  entered in the pass book showing balance available as Rs.1,59,966/- It is further admitted  by the Ops that,  as per the pass book  No.1825439020 there are  four deposits, however it is submitted that, none of the entries have been authenticated with seal & stamp of the concerned post office ,the facts of which are purely an indoor management and the  complainant is no way concerned with the indoor management of the Ops .
8. The learned counsel for the Ops further submitted that, the then Sub Post Master, Bhawanipatna Stadium Sub Post Office committed fraud from several accounts at the said Post Office and after carrying out a detailed investigation and upon establishment of a case of genuine misappropriation, refund of the deposited amount with admissible interest could be made to the complainant. It is not disputed that, on 30.11.2015 the complainant has put forth his grievance before the Opp.Party No.1 & 2    that, the account number are not mentioned in his fixed deposits upon which the Opp.Party No.1 has taken all original pass books of FD ( 4 Nos) and the Pass Book  from the complainant assuring  to refund  the money after maturity is proved as per annexure I & II of the complaint petition  .  It is also not denied that, after maturity, the complainant approached the Opp.Party No.2 to withdraw said deposits rather the OP No.2 submitted that, the deposits are under the process of departmental inquiry and it will be realized after completion of such inquiry. Here we may conclude that complainant/depositor should not be liable to suffered for the fraud committed, if any, by the employee of the Ops . 
9. There is no iota of evidence found in the record to hold that Op have ever taken any action earliest or even after their appearance in this case to release the deposited amount of the complainant &also failed to adduced any materials to prove that they  have ever taken any step for settlement of the claim of the complainant even after receiving the instruction from the Postmaster General ,Berhampur Region  vide NO. PG/27-278 /2019 dt 05.11.2019 which is  placed in the record vide annexure –XII of the complaint. It is pertinent to note that, the Ops have not filed any evidence regarding progress of the departmental inquiry if any and also failed to show any reasonable cause for delay in settlement of claim or it is caused due to any force majeure event rather it is submitted that, the deposits are under the process of departmental inquiry and it will be realized after completion of such inquiry which was initiated in 2015 and not yet completed is untenable. Negligence & deficiency in service on the part of Ops is  clearly proved as such there is  sufficient cause of action continuing for  this complainant till release of the  deposited amount of the complainant and it if fount  to be in time well within the jurisdiction of this Commission..
10. Reliance   may placed on the judgment dt. 12.08.2015 passed by the Honourable National Commission in Punjab National Bank & ANR. Vs. Hari Ram Yadev In Revision Petition No 1923 of 2015 which is also followed while deciding the Revision Petition No 753 of 2018 in Panjab National Bank Vs. Daljeet Singh decided on 19.01.2021 by the Honorable National Commission reported in 2021 NCJ 163(NC) where it is concluded that, bank cannot escape its vicarious liability for the acts of its employee. Accordingly, in this case the complainant should be put to loss & mental agony due to any fraud committed by the employee of the Ops.
11. Based on the above said discussion and settled principles of law we are of the considered view that, the complainant is entitled to release the maturities amount under the said four number of fixed deposits with interest @ 9% per annum from the date of maturities and also entitle to operate his saving bank account vide No. 1825439020 by withdrawing the entire deposits of Rs. 1,59,969 with interest accrued  there in and that the Opposite Parties have denied the same as such we are of the opinion that, the Ops are deficient in service which certainly  caused  financial loss & mental agony to the complainant need  to be compensated by the OPs. Hence it is ordered.             

ORDER

The Ops are directed to release the maturity amount of 4 (four) fixed deposit for Rs.1,00,000/- each as per annexure II,III,IV,V,VI of the complaint petition along with interest @9% from the date of maturity till its realization and further directed to release Rs.1,59,966/- along with interest accumulated therein under the saving account vide No.1825439020 and to pay Rs.10,000/- towards litigation cost to the complainant.

This order is to be complied within four weeks from the date of received of this order failing which the Ops are liable to pay 12% interest over the above said amount till its realization. This consumer Complain is partly allowed on contest against the Ops in above terms. The pending application if any is also stands disposed off accordingly.

Dictated and corrected by me.

President

I   agree.

                    Member                                  President

Pronounced in open Commission today on this21^th December, 2022 under the sealand signature of this Commission.

Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.

        Member                                           President