The complainant used to maintain a S.B A/c bearing no. 383803 in the Kulabahal Post Office through which she used to make transactions at different points of time. The account balance was Rs. 30,000/- as on 27/07/2010 (vide Annex 1). There was allegation of misappropriation of money of the consumer and defalcation of Govt money against the Post Master of said post office. The complainant on 23/3/2015 submitted application to the Superintendent of Post Offices, Purulia, requesting him to pay the entire money at credit (vide Annex 2). Despite such request and persuasion she has not been paid the money at her credit. Hence the case.

Having denied all material allegations the O.Ps by a composite written version have contented inter alia that pursuant to the allegation 0f defalcation of money an investigation was done and pursuant to the application dated 23/3/2015 of the complainant, saving bank pass book in original, summarized report of investigation. admission statement of the complainant and ledger copy of Purulia HPO were sent to the Post Master General, South Bengal Region for sanction of restoration of claim (vide annex 4 to the written version). It came to notice that the then post master did not correctly incorporate the deposit and withdrawal of money made by the complainant and the same were also not incorporated in the Govt. account (vide Annex 1, 1A to the W/V). However, all the steps have been taken to comply with the prayer of the complainant which is time consuming and is still under process. Denying allegations of negligence on their part a prayer for dismissal of the case has been made.

Only point for consideration is whether the complainant is entitled to the relief as prayed for?

Decision with reason

Admittedly, the complainant used to maintain a saving bank A/c in the post office mentioned above through which she used to make transactions by depositing and withdrawing money. Admittedly, she is a consumer. On perusal of the copy of documents submitted by the complainant and the O.Ps we find that though the complainant claimed that the balance at her credit as on 27/07/2010 was Rs. 30,000/- (vide Annex 1 to the petition of complaint) and by her application she prayed for payment of that amount to her (vide Annex 2 to the Petition of complaint) yet the very complainant made another statement admitting withdrawal of Rs. 2,000/- on 20/12/2006 and further admitted that the balance at her credit was Rs. 27040/- and by her application submitted on 12/09/2011 before the postal authority had prayed for payment of said Rs. 27040/- to her (vide Annex 1, 1A respectively to the written version). Such prayer and admission of the complainant is found consistent with the statement prepared by the postal authority vide Annex 2 to the written version.

From the above materials we are convinced to hold that departing from her original claim of Rs. 30,000/- the complainant on her satisfaction prayed for refund of Rs. 27040/- with interest admitting the same amount at her credit as on the specified date. Therefore, we cannot go beyond the admission of the complainant and accordingly we are of the opinion that the complainant is entitled to refund of Rs. 27040/- together with interest at the statutory rate applicable in case of Post Office Saving Bank Account within a reasonable time.

We find from annex 3 & 4 that the O.Ps took up the matter of the complainant and could not finalize the same even after filing of this case.  The complainant submitted her modified prayer for refund of her money with interest as far back in the year 2011. Roughly about 4 years have passed. It easily conceivable how much mental agony she had to undertake during this long period specially when the misappropriation and defalcation of money by the concerned post master have come to light. The Govt. authority should come out of the “red tapeism” specially in the prevailing circumstances of this case. Therefore, mere pleading that the complainant’s claim is under process is not sufficient to absolve the O.P. from the allegation of negligence which is patent in this case.

In view of the above observation and findings the petition of complainant is liable to be allowed. Hence,

ORDERED

That the petition of complaint be and the same is allowed on contest.

The O.Ps are jointly and severally directed to pay Rs. 27040/- (Twenty seven thousand forty) only together with interest thereon which is to be calculated from the date of first deposit till the date of payment, as is admissible under rules applicable in case of saving bank account maintained in the post office, within two months from the date of this order.

The O.Ps are further directed to pay a compensation of Rs. 6,000/- (Six thousand) only for causing metal agony to the complainant and further Rs. 2,000/- (Two thousand) as litigation cost.

All such payments have to be made within two months from the date of this order by means of an A/c payee Cheque in favour of the complainant, failing which the O.Ps shall be liable to pay  punitive damage @ Rs. 2,00/- (Two hundred) per day till payment. If such punitive damage accrues and realized would be deposited in the Consumer Welfare Fund bearing Account no. 009300010031026.         

Let a copy of this judgement be supplied to the parties free of charge.