DEPARTMENT OF POST Vs. COLONEL NARENDRA NATH SURI

JUDGEMENT

(1.) The present Appeal has been filed against the order dtd. 6/12/2017 of the State Commission whereby the Consumer Complaint No. 358 of 2015 filed by the respondent ( hereinafter referred to as 'Complainant') was allowed and all the Appellants were held jointly and severally liable to refund sum of Rs.24,91,382.00 and amount of Rs.8830.00 to the complainant. Rs.1,00,000.00 was awarded towards mental and physical harassment and Rs.10,000.00 towards cost of litigation.

(2.) The brief facts of the case are that the complainant along with his son Rahul Suri had opened recurring deposit account in the post office. In November, 2014, he was informed that there were some irregularities in his account. He had contacted the concerned officer in the post office and he was informed that his account had been properly maintained. On inquiry, he learnt that a fake Saving Bank Account was opened in the post office bearing no. 4603590 in his name and in the name of his wife Kusum Suri and son Rahul Suri. 50% of the amount lying in the recurring deposit account was diverted to the fake account and was withdrawn in cash during the period 22nd August to 26/8/2013. Complainant had alleged that saving account had been opened on the basis of fake documents and the staff of the post office was in collusion. It is submitted that at the time of withdrawal of amount from Saving Bank account, it was essential to produce the passbook. However, the post office allowed the amount to be withdrawn in cash without pass book. He had also alleged that from July 2014, his small saving agent had not invested the monthly instalments and so he was required to pay an amount of Rs.8830.00 towards penalty. He had alleged that his money had been misappropriated by the post office and he filed the complaint for refund of the misappropriated money and penalty amount charged illegally.

(3.) The complaint had been contested by the Appellants. It is submitted that the misappropriation of the amount from the recurring deposit account had been reported in Mahim Police Station. The complaint of the complainant against agent of small savings namely Umesh Doshi had also been entertained. A report has been received that Umesh Doshi had kept the passbooks and cheque book of the complainant. It is not disputed that half of the deposited amount of the recurring deposit account had been withdrawn and new saving bank account number 4603590 was opened on the introduction given by the agent Umesh Doshi. The amount was credited in the saving bank account on the basis of documents signed by the complainant. An application for withdrawal along with passbook was received by the Counter Assistant. It is denied that saving bank account no. 4603590 was a fake account and opened on the basis of fake documents. It was further submitted that whenever any money is required to be withdrawn from the recurring deposit account which is more than Rs.20,000.00, the same had to be paid by cheque or by crediting in saving bank account of that person in the post office. It is submitted that messenger of the complainant Sh. P.V.Parekh had withdrawn the amount from the saving bank account as per the authority given to Mr. Parekh by the complainant. The signatures of the complainant were verified by the concerned officer of the post office at the time of opening of the saving bank account. All these documents are in custody of the police and letter dtd. 24/6/2015 had been given to the police seeking custody of those documents for sending the same to the handwriting expert. It is submitted that as per the instructions of the post office, the customer is required to keep the pass book in his custody but the complainant had handed over the pass book to Mr. Umesh Doshi and permitted him to withdraw the amount. It is submitted that although the complainant had made the allegations against Mr. Umesh Doshi but Umesh Doshi had not been made a party in the present complaint and post office had already written a letter to the Director of Small Savings for cancelling agency of Umesh Doshi and accordingly his agency has been cancelled. It is submitted that matter is under police investigation. It is submitted that complaint was liable to be dismissed.