State Consumer Disputes Redressal Commission
Pravar Dak Adiskhak vs Bagga Singh on 27 April, 2016
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTARAKHAND, DEHRADUN
FIRST APPEAL NO. 145 / 2014
1. Senior Superintendent
Post Office, Dehradun Division, Dehradun
2. Post Master
Head Post Office, Haridwar
Tehsil & District Haridwar
......Appellants / Opposite Parties
Versus
Sh. Bagga Singh S/o Sh. Sewa Singh
R/o Near Railway Station, Pathri
P.S. Pathri, District Haridwar
.......Respondent / Complainant
Mr. Ashok Dimri, A.D.G (Civil), Learned Counsel for the Appellants
None for Respondent
Coram: Hon'ble Mr. Justice B.S. Verma, President
Mr. D.K. Tyagi, Member
Mrs. Veena Sharma, Member
Dated: 27/04/2016
ORDER
Per: Mr. D.K. Tyagi, Member :
This appeal is directed against the impugned judgment and order dated 10.07.2014 passed by the District Forum, Haridwar in consumer complaint No. 311 of 2013; Bagga Singh vs. Post Master, Haridwar and another. By the order impugned, the District Forum has allowed the consumer complaint against the opposite parties-appellants and directed the Postal Department to pay a sum of Rs. 1,50,000/- to the complainant within a month from the date of order.
2. Briefly stated the facts of the case, as mentioned in the consumer complaint are that the complainant Sh. Bagga Singh is the resident of near Railway Station in Village Ambuwala. In village Ambuwala, there 2 is a Post Office in which a person named Sh. Rajkumar S/o Mohar Singh worked as Post Master. The complainant had deposited Rs. 50,000/- on 04.03.2009 vide book No. 2916, receipt No. 41, which was deposited in the Preliminary SB Receipt No. SB26 for one year and Rs. 50,000/- on 17.05.2009 vide book No. 1883, receipt No. 33 in Preliminary SB Receipt No. 26 for one year and also Rs. 50,000/- in the month of January, 2009 for a period of one year, a total sum of Rs. 1,50,000/- in the Post Office, Village Ambuwala. The complainant went to the Post Office for withdrawal of aforesaid amount, but the Post Master Rajkumar advised him to renew his aforesaid account and received all the receipts on account of renewal from the complainant. The complainant did not withdraw the amount at that time and become satisfied that his money is safe in the Post Office. The complainant, on 28.08.2012, was in need of money so he went to the Post Office at 8O'clock at Rajkumar's residence because the Post Office of Ambuwala was operating from Rajkumar's house. When the complainant reached the Post Office, it was came to his knowledge that Rajkumar has absconded. Then he enquired about the receipts of deposits in the Head Post Office, Haridwar, but it was denied that any money was deposited by the complainant in the Post Office. Then the complainant came to know that Rajkumar has committed misappropriation of money and has embezzled the money of the Post Office. The complainant had lodged F.I.R. against the Rajkumar at Crime No. 55/13 under Section 409/420/467/468/471 of IPC at Police Station, Pathri. The complainant had deposited Rs. 1.50 lakh in the Ambuwala Post Office, but his money was embezzled by Rajkumar, who is the employee of the Post Office. The complainant obtained information about his deposits from the Public Information Officer/Post Master, Head Post Office, District Haridwar under Right to Information, Act. But they did not provide any information to the complainant by showing that enquiry is going on. The complainant appealed against the order, but the appellate officer had 3 also not provided any information to the complainant. On 18.05.2013, the complainant sent a letter to the Post Master, Head Post Office, Haridwar through registered post for the return of his money, i.e. Rs. 1.50 lakh, but all went in vain. The complainant is the consumer of Post Office, but the employee of the Post Office embezzled the money deposited by him, therefore, there is deficiency in service on the part of the opposite parties. The complainant has also suffered economic, mental and physical loss. In the year 2009, when the complainant deposited the money in the Post Office, there was interest @ 8% per annum, therefore, the complainant filed a consumer complaint for a sum of Rs. 1.50 lakh alongwith interest @ 8% per annum and as the opposite parties have failed to return the money to the complainant and committed deficiency in service, therefore, the complainant is entitled to get interest @ 18% per annum on the amount deposited from the opposite parties. The complainant has also prayed for an amount of Rs. 10,000/- on account of compensation due to mental agony and physical loss.
3. The opposite parties-Post Office, Haridwar has filed written statement before the District Forum and has pleaded that Sh. Rajkumar was posted at Ambuwala Sub-Post Office as GDSMD, but due to vacant post of Branch Post Master, Sh. Rajkumar was officiating as Post Master at Branch Ambuwala. The answering opposite parties denied that on the basis of available documents at Post Office, Gurukul Kangri, which is account office of Ambuwala Branch Post Office, an account of Smt. Kamla Devi was opened for Rs. 400/- as savings account No. 725080 as shown in SB 26 receipt book No. 2916, receipt No. 41 dated 04.03.2009. Similarly on 17.06.2009 an account of Sh. Bagga Singh was opened by Rs. 5,000/- as Fixed Deposit No. 110549 for one year vide SB 26 receipt book No. 1883 receipt No. 33. This account was closed on 22.07.2010 with an amount of Rs. 5,336/-. Similarly a Fixed Deposit account No. 910125 was also opened on 27.01.2009 for Rs. 5,000/- in 4 the name of Bagga Singh and this account was also closed before maturity on 22.07.2010 with Rs. 5,305/-. All the receipts of SB 26 were provided to the complainant-Sh. Bagga Singh. These receipts were having directions at the back of receipts. In case Sh. Bagga Singh- complainant did not receive the pass-book, then he should have sent complaint to the Head Post Master, Head Post Office. The answering opposite parties has pleaded that Rajkumar officiating Post Master at Branch Ambuwala has been separated under the rules of the Postal Department and the complaint has been sent to lodge FIR against Rajkumar. Rajkumar is still absconding. An intimation regarding these developments has been sent to the complainant. It is a matter of department enquiry, therefore, the complainant will be intimated after completion of the departmental enquiry. The complainant has got no document like pass-book etc. except Preliminary SB receipt SB 26. The above said both accounts had been closed on 22.07.2010. Departmental enquiry is going on in Ambuwala Post Office. In case, it is found in the enquiry that the complainant had opened the aforesaid accounts, then his amount of money will be paid to him. The department has also returned the money to other account holders on the basis of departmental enquiry.
4. The District Forum, on an appreciation of the facts and circumstances of the case, has allowed the consumer complaint vide impugned order dated 10.07.2014 in the above manner. Aggrieved by the said order, the appellants-opposite parties have filed the present appeal.
5. Sh. Ashok Dimri, A.D.G (Civil), learned counsel for the appellants-opposite parties appeared before this Commission. None appeared on behalf of respondent-complainant. We have heard learned counsel for the appellants and gone through the entire record of the District Forum and perused the material placed on record.
56. Learned counsel for the appellants has submitted that an amount of Rs. 50,000/- deposited by the respondent in the year 2009 is admitted to the appellants. Rest part of the consumer complaint regarding deposition of other amounts or total deposits of Rs. 1,50,000/- by the respondent is not admitted. Appellants are ready to pay an amount of Rs. 50,000/- alongwith interest to the respondent.
7. There is no dispute with regard to the fact that the respondent- complainant deposited amount of money with the Post Office, Branch Ambuwala where Rajkumar, GDSMD was officiating Post Master. The main dispute is with regard to the fact that whether the respondent deposited Rs. 50,000/- in SB 26 vide Preliminary SB Receipt Book No. 1883 receipt No. 33 on 17.05.2009 and whether on 04.03.2009 respondent deposited Rs. 50,000/- in SB 26 vide Preliminary SB Receipt Book No. 2916 receipt No. 11. It is also disputed that whether the respondent deposited Rs. 50,000/- with the appellants, which was received by Post Master Rajkumar and the receipt of the deposited amount in the month of January, 2009 was also taken by Post Master Rajkumar in the garb of renewal of the deposited amount. It is also disputed that whether the then Post Master Rajkumar has embezzled the Government money of Postal Department and absconded, for which FIR has been lodged against Rajkumar.
8. The respondent has filed original Preliminary SB receipt dated 04.03.2009 of Rs. 50,000/- deposited vide book No. 2916 receipt No. 11 and Preliminary SB receipt dated 17.05.2009 of Rs. 50,000/- deposited vide book No. 1883 receipt No. 33 (paper No. 13/2 on the District Forum's record). The complainant has also filed photocopies of these documents alongwith copy of FIR against Rajkumar at Crime No. 55/13 under Section 409/420/467/468/471 of IPC at Police Station, Pathri, Haridwar. Letters dated 30.08.2012 and 18.05.2013 sent by respondent addressed to the Post Master, Head Post Office, Haridwar are also filed 6 on the District Forum's record. In the affidavit dated 04.12.2013 and also in the rejoinder affidavit dated 20.09.2013, respondent has deposed on oath that he has deposited a total sum of Rs. 1.50 lakh in the appellants' Post Office. Rs. 50,000/- were deposited on 04.03.2009, Rs. 50,000/- were deposited on 17.05.2009 and Rs. 50,000/- were deposited in the month of January, 2009. Receipts of two deposits are already filed in original on the District Forum's record, but receipt of deposit of January, 2009 was taken back by Rajkumar, employee of the Post Office, in the garb of renewal, therefore, respondent could not produce the receipt. The appellants have filed an affidavit of Sh. S.P. Devliyal, Senior Superintendent of Post Office, Dehradun (paper Nos. 14/1 to 14/6 on the District Forum's record) and have also filed statement of respondent recorded in enquiry (paper Nos. 14/7 to 14/10 on the District Forum's record). In his statement, the respondent has categorically stated before the Enquiry Officer that he had deposited Rs. 50,000/- on 04.03.2009, Rs. 50,000/- on 17.05.2009 and also deposited Rs. 50,000/- in the month of January, 2009, but officiating Post Master Rajkumar did not provide any pass-book to the respondent and also taken back receipt of deposit of Rs. 50,000/-, which was deposited in the month of January, 2009 for renewal. Respondent has also stated on oath that at the time of deposit of money, Rajkumar had taken his several signatures on several forms and he has not signed over any of the form for the purpose of withdrawal of any money. As Rajkumar had taken signatures on several forms, therefore, it is possible that money was withdrawn by Rajkumar after committing fraud on the basis of those documents/forms, which were signed earlier at the time of deposition of money by the respondent. Rajkumar, employee of the appellants, has also taken signatures of respondent as well as his wife, Smt. Paramjeet Kaur, at the time of deposition of Rs. 50,000/- in the month of January, 2009. The appellants have filed Preliminary SB receipt, book No. 1883 receipt No. 33 in the name of respondent for 7 Rs. 5,000/- (paper No. 8/15 on the District Forum's record). Similarly another Preliminary SB receipt, book No. 2916 receipt No. 11 for deposition of Rs. 5,000/- in the name of respondent and his wife dated 24.01.2009 has been filed. From the perusal of the original receipts filed by the respondent (paper No. 13/2 on the District Forum's record), it is crystal clear that Rajkumar, the then Post Master, has committed fraud by showing figure Rs. 5,000/- each on Book No. 1883 and Book No. 2916. Rajkumar has committed fraud by manufacturing duplicate receipts and also one receipt for deposition of Rs. 400/- on 04.03.2009 in the name of Smt. Kamla Devi (paper No. 8/17 on the District Forum's record). A Preliminary SB receipt, Book No. 2916 cannot be printed for similar No. 2916, therefore, it is clear that respondent has deposited Rs. 50,000/- in the Post Office, Branch Ambuwala on 04.03.2009 and he has also deposited Rs. 50,000/- on 17.05.2009 and also deposited Rs. 50,000/- on 24.01.2009. It is admitted to the appellants in their written statement that an FIR has been already lodged against Rajkumar and he is absconding. Enquiry is going on and in case, it is found and proved that such accounts were opened by the respondent than amount of the deposits will be paid. It is also admitted in the written statement that the appellants have already returned the money of so many claimants, who were defrauded by Rajkumar.
9. From the perusal of the documents filed by the parties, it is clear that the employee, officiating Post Master, Branch Ambuwala, has committed fraud with the respondent and has embezzled the Government money.
10. In the present facts and circumstances of the case, we are of the view that the impugned order passed by the District Forum, Haridwar, thereby allowing the consumer complaint filed by the complainant, does not suffer from any infirmity and illegality and the same cannot be interfered with. The appeal lacks merit and is liable to be dismissed.
811. For the reasons aforesaid, the appeal is dismissed. Impugned judgment and order dated 10.07.2014 passed by the District Forum, Haridwar in consumer complaint No. 311 of 2013 is hereby confirmed. No order as to costs.
(MRS. VEENA SHARMA) (D.K. TYAGI) (JUSTICE B.S. VERMA)