POST MASTER, HEAD OFFICE SONEPAT Vs. SANJAY GUPTA

JUDGEMENT

(1.) This revision is directed against the order dated 26.08.2011 of the State Consumer Disputes Redressal Commission Haryana, Panchkula ( in short, 'the State Commission') in FA No.1321/2005 whereby the State Commission accepted the appeal preferred by the respondent complainant and directed the petitioner/opposite party as under:

(2.) Briefly stated the facts relevant for the disposal of the revision petition are that petitioner floated a scheme known as Monthly Income Scheme (MIS) for the general public. The respondent complainant opted to join the said scheme and deposited Rs. 3.00 lacs in the said scheme for six years vide cheque no. 322277 dated 02.07.2004 drawn at HDFC Bank Sonepat Branch. The said cheque was issued in favour of the Post Master Sonepat. It is the case of the complainant that post master concerned told him that the MIS certificate shall be issued to him after encashment of the cheque. The cheque was cleared on 06.07.2004 and sum of Rs.3.00 lacs was debited in the account of the respondent. Despite that the opposite parties failed to issue the documents pertaining to opening of MIS account for Rs.3.00 lacs in favour of the complainant. Claiming this to be deficiency in service, the respondent filed the consumer complaint in District Forum Sonepat.

(3.) The petitioner opposite parties resisted the complaint. The stand taken by the opposite parties in their written statement is that the respondent complainant had sent cheque of Rs.3.00 lacs through the agent Manohar Lal which was duly endorsed for opening Saving Bank account. The said cheque was presented at the Saving Bank counter alongwith SB3 and 103 for opening of the Saving Bank accounts. The said cheque was cleared on 06.07.2004. Thereafter, Saving Bank account No. 452392 for Rs.2.00 lacs in the joint of respondent Sanjay Gupta and Anusha Gupta and other Saving Bank account No.452393 for Rs.1.00 lakh was opened in the name of Anusha Gupta on 07.07.2004. Thereafter, sum of Rs.1,99,000/- was withdrawn from Saving Bank account No.452392 and sum of Rs.99000/- was withdrawn from Saving Bank Account No. 452393 through a messenger Manohar Lal on 10.09.2004 and 15.09.2004 respectively. It is also the case of the petitioners that there is no deficiency in service on their part. Actually, the inquiry into the allegations of the complainants was conducted but the complainants did not attend the inquiry proceedings despite of several notices issued to him.