MANJERI HEAD POST OFFICE Vs. JAMMA JACOB

JUDGEMENT

(1.) Alleging deficiency in service on the part of the appellant herein respondent herein filed complaint before the Consumer Disputes Redressal Forum, Malappuram as O.P. No. 94/2002. Case of deficiency in service pleaded was based on the allegation that the complainant joined the recurring deposit scheme and was regularly remitting the instalments except one instalment. When the scheme matured the complainant was not paid the full maturity amount and an amount of Rs. 10,000 was deducted from the maturity amount. The reliefs claimed to be paid to the complainant by the appellant were Rs. 10,000 which was said to be withdrawn by her with interest and also compensation of Rs. 5,000 for the alleged deficiency in service.

(2.) Defence case set up in the written version filed by the appellant was that the complainant was making the deposit through the MPKBY agent one Girija and she had authorised the agent Girija to withdraw from the deposit made Rs. 10,000 and that amount was allowed to be withdrawn from the deposit made on 24.6.1999 evidenced by Ext. R5.

(3.) The lower Forum on a consideration of the material placed before it came to a conclusion that the "agent has withdrawn an amount of Rs. 10,000 from the opposite party and the Forum below further held that agent has concocted R5 and withdrawn an amount of Rs. 10,000 from opposite party. It held that to put in other words the agent has committed fraud and misappropriated an amount of Rs. 10,000. Recording such a finding the Forum below ordered the appellant to pay to the complainant a sum of Rs. 10,000 within three weeks from the date of receipt of the copy of the order.