UNION OF INDIA Vs. ANIL KUMAR GARG

JUDGEMENT

(1.) THIS petition is by the opposite parties-Post Office against the order of the State Commission allowing the appeal of the respondent-complainants. The complaint of the respondents was, however, dismissed by the District Forum. The respondents deposited a sum totalling Rs. 24,601.37 in the name of their daughters in the Post Office, Gokulpur, Agra. This deposit was for a period of 5 years. On maturity the respondents added some further amount to make it a round figure of Rs. 25,000/-. Entries in the pass book was duly made for the amount of Rs. 25,000/-. However, it was found that in the ledger maintained in the Post Office the amount shown was Rs. 500/- only. On maturity when the respondents wanted to take back their amount they were told that they deposited Rs. 500/- only. They complained to the Post Master General. Ultimately since nothing happened respondents filed complaint before the District Forum. The account in the name of the daughter of the respondents was opened by the agent of the Post Office for the National Saving Scheme. It was the stand of the Post Office that the amount had been embezzled and that the report had been lodged with the Police and that the criminal case is pending in the Court of Chief Judicial Magistrate. Post Office denied its liability. District Forum by majority order dismissed the complaint, though the President of the District Forum who was in minority held that the complaint should be allowed.

(2.) RESPONDENTS went in appeal to the State Commission against the majority judgment which upheld the view of the President of the District Forum. Accordingly State Commission set aside the order of the District Forum and directed that the amount of Rs. 25,000/- be paid to the respondents with interest @ 12% per annum. In fact, State Commission affirmed the order of the President of the District Forum. The appeal filed by the respondents was thus allowed with costs of Rs. 2,000/-.