POST MASTER Vs. JAYANTI BHOWMICK

JUDGEMENT

(1.) This revision petition filed under the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the State Consumer Dispute Redressal Commission, Kolkata, West Bengal (in short, 'State Commission') in First Appeal No. A/1465/2014 dtd. 8/12/2016 arising out of order dtd. 17/9/2014 in complaint no. 149/2013 of the District Consumer Disputes Redressal Commission, Burdwan (in short, 'District Forum').

(2.) The petitioner has contended that the respondents are not account holders of the Monthly Income Scheme Accounts of the petitioner post office that they have claimed to have opened through the agency of one Ms Santoshi Routh. The petitioner contends that even though the post office has a system of canvassing for opening of such bank accounts through agents appointed by the State Government, there was no agent by the name of Smt Santoshi Routh. Therefore, the claim of the respondents before the District Forum and the State Commission of being holders of MIS Accounts with it at Burnpur Market, Burdwan was erroneous and the lower fora had failed to consider this aspect while arriving at their findings. The respondents on the other hand have submitted that they are holders of MIS accounts with the post office Burnpur Market Sub-Post Office, District Burdwan, West Bengal that was opened through Smt Santoshi Routh.

(3.) The District Forum dismissed the complaint under sec. 12 with liberty to file a fresh complaint after disposal of the criminal case, since it had concluded that MIS Accounts appeared to have been fraudulently opened for unlawful gains in collusion with Smt Santoshi Routh and Mr Soumen Routh, the alleged SAS agent.