DEPARTMENT OF POST Vs. V C SEETHAMMA

JUDGEMENT

(1.) THE petitioners, arraigned as respondents in Complaint No. 109/2005 before the District Consumer Disputes Redressal forum, Mysore, (for short 'district Forum') instituted by the respondent herein, suffered an order dated 28-12-2005 Annexure-"c" holding the petitioners liable to damages of Rs. 20,000/- on account of deficiency of service, under the provisions of the Consumer Protection Act,1986 (for short 'act' ). The complainant-respondent herein, too, suffered an order of rejection of the claim for Rs. 2,03,000/ -. The petitioners and the respondent filed separate Appeals bearing Nos. 487/2006 and 188/2006, respectively, before the Karnataka State Consumer Disputes Redressal Commission, bangalore (for short 'state Commission') whence, by order dated 9-4-2007 annexure-"d", Appeal No. 188/2006 of the respondent was allowed and Appeal no. 487/2006 of the petitioners was rejected. Hence this Writ Petition.

(2.) THE respondent-complainant, in her complaint to the District Forum under the Act stated that she deposited amounts on different dates under the Monthly Income Scheme (for short MIS Account), in the Nanjumalige and Lakshmipuram Post Offices at Mysore, in addition opened one S. B. Account ion each of the said Post Offices. The complainant authorised her son by name V. C. Nagaraj to draw the interest amount by affixing her signatures on Withdrawal forms on two occasions, as she was unable to go over to the Post Offices on account of her old age and frail health. She further sated that after the death of her son V. C. Nagaraj during the year 2004, when she approached the petitioners for withdrawal of the interest amount from her MIS account, she was informed that the accounts were closed, and that the maturity amount was withdrawn and paid to V. C. Nagaraj. This prompted the respondent-complainant to file the complaint for recovery of the money and damages for deficiency in service.

(3.) THE petitioners, on notice, entered appearance in the proceedings and filed their version Annexure-"b" interalia contending that the petitioner maintained S. B. Account No. 447176 at Lakshmipuram Post office and S. B. Account No. 973678 at Nanjumalige Post Office, in addition to MIS Account Nos. 31639 and 31640 at Nanjumalige Post Office for rs. 30,000/- each and Account Nos. 105121,105339,106490,107042 and 107043 at Lakshmipuram Post Office for Rs. 6,000/-, Rs. 12,0007-, Rs. 30,000/-, rs. 50,000/- and Rs. 50,000/-, respectively. According to the petitioners, one v. C. Nagaraj claiming to be the son of the respondent produced the withdrawal slips duly signed by the respondent, along with the Passbooks and periodically withdraw the monies from the account. However, between 31-5-2003 to 10-10-2003, on the basis of the Withdrawal slips and the passbooks, the said V. C. Nagaraj sought for and secured premature closure of the MIS Accounts and received their maturity value in cash. The payment in cash, it is said, was on humanitarian consideration. Alleging that the complainant was fully aware of the withdrawal of the amounts coupled with the fact that the instructions in the Passbook clamped responsibility on the respondent-complainant in the even of any negligence, the payments in cash made to V. C. Nagaraj, were sought to be justified. In addition, it was contended that the complainant, during the lifetime of V. C. Nagaraj, did not lodge any complaint with the petitioners, but after his death, filed the complaint on 26-4-2005.