UNION OF INDIA Vs. LILABEN BABUBHAI PRJAPATI

JUDGEMENT

(1.) This revision petition is filed by the Superintendent of Post Offices and Post Master against the judgment and order dated 17.1.2005 passed by the Gujarat State Consumer Disputes Redressal Commission in Appeal in 255/2003.

(2.) Brief facts of the case are : The complainant, Mrs. Lilaben Babubhai Prajapati, resident of Palanpur, Gujarat opened a Recurring Deposit Account No. 3330664 on 29.1.2005 at Chadotar Post Office. Respondent No. 2, Jagdish Chandra Gajanandrav Vanikar, Post Master, issued the pass book to the complainant. The said entries are also available in ledger card of Palanpur HO. The case of the petitioners is that after November 1995 respondent No. 1/complainant did not make any deposit i.e., she has only deposited eleven instalments each of Rs. 300 in her account. The complainant's case is that she deposited 60 instalments and the total amount deposited was Rs. 18,000. When complainant went to the Postmaster on maturity of the account, the Postmaster on duty informed that "The amount was defrauded and investigation is in progress." Thereafter, only a receipt stating deposit of Rs. 3,300 in the account of complainant/respondent No. 1 was sent by the Postal Authorities. The complainant's case is that she had handed over the pass book to respondent No. 2 for depositing the monthly payments and finally approached him for withdrawing the amount and on account of faith, complainant did not insist for a receipt. As the complainant has deposited all the instalments he filed a complaint against the respondents.

(3.) Learned Counsel for the petitioners argued that there is no evidence on record which shows that respondent No. 2 has misappropriated the money of the complainant/respondent No. 1 and that liability cannot be attributed upon the petitioners. The petitioner admitted that respondent No. 2 has misappropriated certain amounts from some other accounts.