This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that he (Shri Ajit Kumar Banerjee) opened a Savings Account bearing no. 3151727918 in the Chandannagore Branch of Opposite Party on or about 22.01.2016. In the month of September & October 2016, the complainant was in urgent need of money and hence, he visited Chandannagore Post Office, Chandannagore four times on 07.09.2016, 15.09.2016, 22.09.2016 and 05.10.2016 and had withdrawn an amount of Rs. 50,000/- (Rupees Fifty thousand only) on each occasion and during this period the complainant in total had withdrawn an aggregate amount of Rs. 2,00,000/- only and accordingly his statement reflected that his Account had been left with an amount of Rs. 50,131/- only and relevant documents pertaining to the said transaction dated 07.09.2016, 15.09.2016, 22.09.2016 & 05.10.2016 are collectively annexed and thereafter the complainant on 05.12.2016 went to the Chandannagore Post Office, Chandannagore for updating his passbook of said Savings Account bearing no. 315172918 and to his utter shock and surprise complainant found that his updated passbook of Savings Account bearing no. 3151727918 was showing an amount of Rs. 50,000/- (Rupees Fifty Thousand only) has been debited from his said Account on 04.11.2016 as withdrawal in form of cash and thus, without wasting a minute, the complainant met the officials of the Chandannagore Post Office and raised objection against such shameful and fraudulent withdrawal transaction dated 04.11.2016 of an amount of Rs. 50,000/- (Rupees Fifty Thousand only) and the complainant strongly condemned and denied that the complainant ever visited the Opposite Party office on 04.11.2016.

      The Complainant also states that thereafter the Complainant by his letter dated 09.12.2016 & 30.01.2017  written to the Postmaster of Chandannagore, Post Office and complained about the alleged  fraudulent, illegal and shameful transaction of withdrawal of an amount of Rs. 50,000/- (Rupees Fifty Thousand only) which was debited from his Savings Account bearing no. 3151727918 on 04.11.2016 and complainant requested him to show his withdrawal slip dated 07.09.2016, 15.09.2016, 22.09.2016 , 05.10.2016 & more importantly the fabricated and manufactured withdrawal slip dated 04.11.2016 and by the letters dated 09.12.2016 and 30.01.2017 and on 12.04.2017 the Complainant made  complaint before the Officer-in-Charge of Chandannagore Police Station and Superintendent of Police of Hooghly District about the alleged fraudulent and shameful transaction of withdrawal of an amount of Rs. 50,000/- (Rupees Fifty Thousand only) which was debited in form of cash withdrawal from his Savings Account bearing no. 3151727918 without his knowledge and presence and the consumer/Complainant states that despite his absence, the aforementioned Savings Account was operated without his presence. Complainant sent a R.T.I. Application dated 12.04.2017 to the Public Information Officer, Asst Sub Post Master (H.S.G-III), Chandannagore and made a request to provide a photocopy of withdrawal slip dated 07.09.2016, 15.09.2016, 22.09.2016, 05.10.2016 & more particularly on 04.11.2016, which was raised for withdrawal of an amount of Rs. 50,000/- only from his Savings Account bearing no. 3151727918 and the copies of complaints dated 12.04.2017 & R.T.I. dated 12.04.2017. It is very astonishing that although the Complainant made several requests to the Opposite Party but the opposite party neither has taken any steps to redress his grievance nor provided any photocopy of document as sought for.  Ultimately,  Complainant through his advocate sent a letter dated 17.07.2017 to the Chief Post Master General, Kolkata, West Bengal Circle, Department of Post & Telecommunication, Government of India, the Senior Superintendent of Police of Hooghly Division and the Postmaster of Chandannagore Branch and requested them to take all necessary steps to refund of the alleged fraudulent money to the tune of Rs. 50,000/- (Rupees Fifty Thousand only). Thereafter, S.B. Postmaster (HSG-1), Chandannagore MDG, by his letter dated 21.07.2017 informed the Complainant that they received the complaint’s advocate letters dated 17.07.2017 on 21.07.2017 and assured the Complainant that they would take appropriate measure to resolve the said alleged & shameful transaction. It is very unfortunate that even after the aforementioned assurance made by them the Opposite Parties neither took any step nor refunded the amount of Rs. 50,000/- (Rupees Fifty Thousand only) of the alleged and shameful transaction dated 04.11.2016 and therefore the complaint through his advocate further sent a reminder letter dated 21.08.2017 to refund the alleged  & shameful transaction dated 04.11.2016 of an amount of Rs. 50,000/- (Rupees Fifty Thousand only). Thereafter the Complainant through his advocate by his letter dated 30.08.2017 sent complaint to the Commissioner of Police, Channdannagar and Officer-In-Charge of Chandannagar Police Station and requested them to take appropriate and necessary steps against the illegal, unauthorized and shameful transaction done by the officials of Opposite Parties by debiting an amount of Rs. 50,000/- (Rupees Fifty Thousand  only) from the Complainant’s Savings Account bearing no. 3151727918, without  knowledge and without his presence of the Complainant and a copy. Then  the Asst. Director of Postal Services of West Bengal Circle by his letter dated 28.08.2017 informed the Complainant that his grievance expressed by his advocate letter dated 17.07.2017 was forwarded to the SSPOs, South Hooghly Division, Serampore-712 201 for necessary action and  once again made a false assurance that the Opposite Parties would settle Complainant’s dispute immediately. On 09.10.2017, the Complainant through his advocate sent a letter of “Demand Justice” asking for refund of the alleged & shameful transaction dated 04.11.2016 of an amount of Rs. 50,000/- (Rupees Fifty Thousand only) and also mentioned therein that on 27.09.2017 the Complainant although visited office of the Opposite Party to obtain information about the enquiry instituted by the postal department but, the Assistant Post Master and other officials of Opposite Party instead of giving information they threatened abused and misbehaved with the Complainant. Thereafter Sri Anindya Bhattacharya, Inspector of Posts, Chandannagar Sub Division by his letter dated 13.10.2017, inter alia, directed the Complainant to appear on 17.10.2017 at 10.30 A.M. in his office, to see the original voucher dated 04.11.2016 for
Rs. 50,000/- in the reference to the Complainant Savings Account no. 3151727918 and to submit the written statement or comment in this regard confirming the signature as appeared in the aforesaid voucher is the signature of Complainant or otherwise and a copy of the letter dated 13.10.2017 and the Complainant by his letter dated 23.10.2017 addressing to the Mr. Anindya Bhattacharya,  Inspector Posts, Department of Posts and strongly condemned and denied that the signature as appearing in the voucher dated 04.11.2016 for withdrawal of Rs. 50,000/- from the Complainant’s Savings Account no. 3151727918, is not his signature and also submitted that the signature is appearing in the said voucher is false, fabricated and manufactured and that the Complainant also mentioned that the said amount was withdrawn without his knowledge and presence by forging his signature or by adopting any unscrupulous manner Asst. Director of Postal Services of West Bengal by his letter dated 28.08.2017 stated that the Complainant’s grievance made by his advocate letter dated 17.07.2017 was forwarded to the SSPOs South Hooghly Division, Serampore- 712 201 for necessary action and also assured that the Opposite Party would settle the Complainant’s disputers immediately, the Complainant through his advocate by his letter dated 18.12.2017, once again requested the Chief Post Master General, Kolkata, West Bengal Circle and the Senior Superintendent of Post Office, South Hooghly Division to resolve his disputes preferably within 7^th January, 2018 and refund his amount of Rs. 50,000/- (Rupees Fifty Thousand only) but till date no such amount was refunded by the Opposite Party. In the above circumstances, it is clear that due to the negligent  acts and conducts  on the part on the part of the officials of the said Chandannagar Post Office, the Complainant’s hard earned money an amount of Rs. 50,000/- (Rupees Fifty Thousand only) was debited from his Savings Account bearing no. 3151727918 is an illegal, fraudulent and unauthorized manner and the Opposite Parties have misappropriated the said sum and since it could be seen in open eyes that the opposite parties cheated the said sum in order to wrongful loss to the Complainant and wrongful gain to the Opposite Party , this itself speaks about the adoption of unfair trade practice of the Opposite Parties along with deficiency of services on their part and it is submitted that the signature which is appearing on the withdrawal slip/voucher dated 04.11.2016 is false, fabricated, forged and manufactured and the  Complainant also submits that the Opposite Parties on numerous times forced to the Complainant to accept that the signature as appearing on the withdrawal slip / voucher dated 04.11.2016 as the Complainant’s signature and it is needless to mention that the without the presence and knowledge of the account holder, the post office not authorized to do any such transaction and in the present case the Opposite Party in the absence and knowledge of the Complainant has done the shameful transaction dated 04.11.2016 for withdrawal of an amount of Rs. 50,000/- (Rupees Fifty Thousand only) from the Complainant’s Savings Account bearing no. 3151727918 and that the Complainant wants to submit that the Opposite Parties never compared the signature of the Complainant from the other withdrawal slip/voucher dated 07.09.2016, 15.09.2016, 22.09.2016, 05.10.2016 with the fabricated and manufactured withdrawal slip/voucher dated 04.11.2016 and that the Complainant also wants to submit that the Complainant never visited the Opposite Party office on 04.11.2016.

      The Complainant also states that due to the negligent acts and conducts on behalf of the Opposite Parties and more importantly due to the deficiency in service as offered by the Opposite Parties, the Complainant has already suffered a lots and thus, the Opposite parties due to their activities as aforesaid have given rise to a right of action for negligent activities towards the Complainant and that the Complainant submits  that from the aforesaid facts and circumstances, this Forum should consider the fact that the Complainant had to suffer enormous suffering and there has been huge financial loss of the Complainant.

Particulars of Damages Claimed

            The Complainant also states that the Complainant claims compensation as assessed above and in the alternative the Complainant claims an enquiry into the loss and / or damage and compensation to the extent as may be ascertained upon such enquiry and since the Complainant open and maintained his Savings Account bearing no.3151727918 at Chandannagar Post Office and the alleged sum to the tune of Rs. 50,000/- (Rupees Fifty Thousand Only) was debited on 04.11.2016 from the Complainant’s Savings Account bearing no. 3151727918 at Chandannagar Post Office and hence, the causes of action arose in Chandannagar Post Office situated at  Chandannagar, Hooghly. So, this Forum has got territorial jurisdiction to entertain the present complaint and the application is valued at Rs. 1,25,000/- Complainant submits  that he has not filed any other complaint before any other legal forum  on this self same cause of action and that the Complainant further submits that no part of his claim is barred by limitation and this complaint is being filed within the limitation period as prescribed by the Consumer Protection Act, 1986.

Complainant filed the complaint petition praying direction upon the opposite party to pay sum of Rs. 50,000/- with interest @ 18% per annum from 14.12.2016 till the date of actual refund/ payment and to pay sum of Rs. 50,000/- to compensate the harassment for unfair trade practice and deficiency of service and to pay sum of Rs. 25,000/- as litigation cost and to give any other relief as may deem fit.

The opposite parties have contested the case by filing written version denying inter-alia all the material allegation as leveled against them. These opposite parties submit that one single type S.B.A/C bearing no. 3151727918 was opened by the complainant at Chandannagore Post Office under South Hooghly postal Division on 22.1.2016 and thereafter several transactions like deposit and withdrawal were made in the said Account almost on regular basis and as per withdrawal form it is revealed that an amount of Rs. 50,000/- was withdrawn by the complainant from said S.B. A/C and as allegation was raised by the complainant regarding this withdrawal on his demand certified copies of the withdrawal vouchers dt. 4.11.2016 along with some previous transactions dt. 15.9.2016, 22.9.2016 and 30.6.2017 were shown to him but, he wanted to see the original vouchers in this regard and for his satisfaction the original voucher of Rs. 50.000/- dt. 4.11.2016 was produced before Sri Banerjee by enquiry officer Anindya Bhattacharjee, Inspector Posts, Chandannagore Sub-Division but in his statement the complainant straightway denied that the signatures made on both sides of the said withdrawal form were not of him and the those have been forged and fabricated in the voucher without his knowledge and for confirming the genuineness of the complaint on fraudulent withdrawal the entire case was sent to the O/O the Director, Forensic Science Laboratory, Ministry of Home Affairs, Govt. of India, Kolkata 700014 and as per Director, CFSL report dt. 15.5.2018 it has been opined by the Govt. Examiner of questioned documents that the signature appearing on the withdrawal voucher dt. 4.11.2016 tallies with signatures taken on other documents in course of enquiry as well as with that of the Account opening form dt. 22.01.2016 and a reply to this effect was given to the complainant on 5.6.2018 by the office of opposite parties and the complainant is not entitled to any compensation whatsoever, leave apart the compensation assessed by him and prays to dismiss the case.

            The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition and denial of the written version of the opposite parties.

            The answering opposite parties filed evidence on affidavit which transpires the averments of the written version so it is needless to discuss.

            Complainant and opposite parties filed written notes of argument. The evidence on affidavit and written notes of argument of both sides are taken into consideration for passing final order.

            Argument as advanced by the agents of the complainant and the opposite parties heard in full.

            From the discussion herein above, we find the following issues/points for consideration.

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite parties or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite parties?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken up together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite parties.
2. Both the complainant and the opposite parties are residents/having their office addresses within the district of Hooghly. Considering the claim amount of complainant as per prayer of the petition of complainant it appears that those are not exceeding 20,00,000/-. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. It may be noted that complainant filed affidavit-in-chief in support of his case. Wherefrom it clearly transpires that complainant has made a replica of the contents he made in his complaint. Main grievance which is appearing from the complaint as well as affidavit-in-chief of the complainant is that the opposite parties by fabrications the signature of complainant has managed to debit Rs. 50,000/- relating to the disputed transactions arose in connection with SB Account no. 3151727918 lying in the name of complainant at Chandannagore Post Office. It is specifically contended by the ld. Counsel appearing for the complainant that this Forum has to decide whether the alleged signature of complainant relating to the alleged transaction in connection with concerned S/B Account of complainant is genuine or fake. As per him the expert opinion cannot solely applied without corroboration. He also submitted that the premises in question is covered by CCTV and on the alleged date of alleged transaction was taken place the concerned official-in-charge of cash counter has a vital role in this connection, but said concerned official in charge of cash counter did not come forward to swear any affidavit in chief in support of opposite parties’ case. That apart it is sheer negligence and latches on the part of opposite parties’ in discharging their official duties causing absolute harassment upon the complainant who happens to the an old aged citizen. He also canvassed that the photocopies of documents filed on behalf of the complainant will speak a volume. Ultimately, he submitted that in all fairness complainant case bears sufficient merit.

It may be noted that on behalf of complainant BNA has been filed.

Per contra, it may be noted that one Shri Satyagobinda Giri has filed affidavit-in-chief in support of contents of written version of the opposite parties and wherefrom it is clear that he made a replica about the contents of written version of the opposite parties. It may be noted that on behalf of opposite parties BNA has been filed and ld. Counsel appearing for the opposite parties has candidly submitted that there is no negligence or deficiency of service on the part of opposite parties and the case of complainant being devoid of any merit and case is liable to be dismissed. He added that the photocopies of documents filed on the part of opposite parties certainly are focusing merit in support of opposite parties’ case.

Regard being had upon the submissions advanced by the ld. Counsel of the rival parties and going through the entire materials on record first of all it may be noted that this Forum finds force and spirit in the contention of ld. Counsel appearing for the complainant that expert’s opinion cannot solely be relied upon exclusively without corroboration. In this regard there are several decisions of Hon’ble High Court are also lying. Accordingly, it may be noted that we at this stage cannot rely upon solely on the expert’s opinion submitted on behalf of the opposite parties only because there is no corroboration at all. That apart we should keep in mind that the corroboration should be a convincing one also for accepting the expert’s opinion. Here we are finding that there is no corroboration at all in support of expert’s opinion submitted on behalf of opposite parties.

Considering the total scenario of the case and the materials on record as a whole we are inspired to hold that complainant case bears merits and accordingly prayer of complainant should be allowed.

Hence,

it is

ordered

that the complaint case being no.  48 of 2018 be and the same is allowed on contest against opposite parties with cost.

            Opposite parties are hereby directed to refund a sum of Rs. 50,000/- alongwith 9% interest to the complainant by crediting his S/B Account no. 3151727918 lying with the Chandannogore Post Office within 45 days from the date of this order in default opposite parties have to pay Rs. 50/- per day towards Consumer Legal Aid Account till payment is fully realised.

            Opposite parties also directed to pay a sum of Rs. 50,000/- and Rs. 15,000/- respectively towards harassment and litigation cost respectively to the complainant within 45 days from the date of this order.

Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.