Statement of Facts of the case as follows:-
Both parties are present. Heard both sides. Perused and considered the materials on record.
The complainant is a consumer by way of maintaining a S.B A/c No. 394903 at the Kulabahal Post Office ( O.P. 2) and used to transact through that account where a balance of Rs. 28,200/- was there as on 15.06.2011. There was allegation of misappropriation of money of the depositors against the Post Master of aforesaid Post Office and accordingly an enquiry was conducted and allegations were substantiated.
Knowing this the complainant submitted his original passbook on 22.08.2011 where the balance was shown at 28,200/- as on 15.06.2011. Thereafter, the complainant submitted application dated 17.12.2014 for withdrawal of said amount but the money was not paid to him for which she suffered financial loss and mental and physical harassment. Hence the case.
As per the Written Version the complainant opened the account with initial deposit of Rs. 100/-. On 17.12.2014 the complainant submitted his passbook to the Assistant Superintendent of Post Offices, Purulia Central Sub Division, Purulia claiming restoration of misappropriated amount. The fraud was detected on 03.02.2015. All the relevant papers were sent to competent authority but the same were returned because of some shortcomings. The papers were again sent after necessary compliance. Ultimately, sanction of restoration of defrauded amount has been received. The process was under active consideration and so denying the allegation of deficiency in service prayer for dismissal of the case has been made.
Admittedly, the complainant used to maintain aforesaid S.B. Account. In fact as on 15.06.2011 the account balance was shown to stand at Rs. 28,200/- . Admittedly, fraud was practiced and misappropriation of money deposited by different account holders was committed which could be detected through an enquiry. But facts remain despite complainant wish followed by application he could not deal with his account. Having regard to the facts and circumstances of the case and the materials on record we find that total restore amount in 28,200/- but Summarized Report on Investigation in r/o Kulabahal B.O SB A/C no 394903 states that reconciliation of deposit dtd. 11.04.2011 Rs. 200/- was entered in PB but Rs. 100/- was credited in the Govt. Account by the BPM on 11.04.2011 incorporated in H.O. on 13.04.2011 certain amount of money of the complainant was not reflected in his passbook for which the complainant had to undergo mental and physical harassment and was also debarred from making transaction through the account according to his will. So the deficiency on the part of the O.P.- Post Office is clear and established which is under vicarious liability. So, the complainant is entitled to withdraw said amount with interest as per rules if he so wishes and also entitled to cost and compensation for the litigation he was compelled to adopt and for harassment he had to undergo. Hence,
Ordered
That the petition of complaint is allowed on contest with cost of Rs. 2,000/- against the O.Ps.
The O.Ps are jointly and severely directed to pay the complainant, as soon as she appears before the concerned Post Office and not letter than 15 days from the date of this order, a sum of Rs. 28,200/- together with interest amounting to Rs. 3219/- as stands credited in the Passbook as per Memo no FA-1/8/11-12(Claim) dt. 15.02.2015 of the OP .
The O.Ps are also jointly and severely directed to pay a sum of Rs. 1,000/- as compensation to the complainant.
All such payment must be made within 15 days from the date of this order. The complainant is directed to act accordingly for her redressal.