UNION OF INDIA & ANR. THROUGH SECRETARY, D/O TELE COMMUNICATION POST & TELEGRAPHY DELHI Vs. DR. MAHIPAL AGGARWAL R/O HOUSE NO. 658, SECTOR

JUDGEMENT

(1.) This revision petition has been filed against the impugned order dated 8.12.2010, passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter referred as the 'State Commission') in First Appeal No. 2371/2005, Dr. Mahipal Aggarwal Vs. Union of India and another , vide which, while accepting the appeal, the order passed by the District Consumer Disputes Redressal Forum, Sonepat in consumer complaint no.5041 of 2005, filed by the present respondent Dr. Mahipal Aggarwal, dismissing the said complaint, was set aside.

(2.) The factual matrix of the case says that the complainant/respondent Dr. Mahipal Aggarwal had opened an account no.272 in the Head Post Office, Sonepat on 7.2.1989 in NSS Scheme in which he deposited various amounts on different dates. In Sept., 2004, the complainant intended to withdraw money from his account and for that purpose, he contacted the concerned Post Master who advised him that if he transferred the money in the said account no.272 to another scheme, that is, Senior Citizens Scheme, the income tax shall not be deducted at source (TDS), otherwise the maturity amount in the NSS account shall be paid to him through cheque, after deduction of TDS. As per the complainant, the Post Master also advised him to contact one agent Manohar Kumar for help in getting his money converted into the Senior Citizens Scheme. The complainant met the said agent on 20.9.2004 and handed over the pass book of account no. 272. At that time, there was a balance of Rs.3,06,114.00 in that account. The complainant further handed over a crossed cheque in favour of the Post Master for Rs. 2 lakhs, vide cheque no. 40593 dated 23.9.2004, drawn on Canara Bank, Sonepat, so that a total sum of Rs.5,06,114.00 could be invested in the Senior Citizens Scheme. The complainant has stated in his consumer complaint that after handing over the pass book of NSS account and a further a cheque of Rs.2 lakhs to the agent, the complainant contacted the Post Master a number of times, but he was told that Senior Citizens bonds were not available in the Post Office and would be handed over to him in due course. However, on 8.11.2004, the complainant learnt that the said agent had fled away after cheating various people. He also came to know that the agent had drawn the amount of Rs.3,06,114.00 from the NSS account after forging signatures of the complainant on the withdrawal form and also got encashed the cheque of Rs.2 lakhs. Alleging fraud on the part of the agent, in connivance with the authorities of the Postal Department, the complainant filed the consumer complaint in question, seeking directions to the opposite party (OP), Department of Posts, Government of India to make payment of Rs.5,06,114.00 to him along with interest 18% per annum from the date of deposit till realization and in addition, a sum of Rs.2 lakhs as compensation against mental agony and Rs.5,500.00 as cost of litigation.

(3.) The complaint was contested by the OPs by filing a written statement in which they stated that the NSS account no.272 was closed on 22.9.2004, with closing amount of Rs.3,06,114.00through a messenger Manohar Lal alias Manohar Kumar. It is also stated that the cheque of Rs.2 lakhs was cleared on 27.9.2004 and SB A/c no.452608 was opened on 29.9.2004 for Rs.2 lakhs. Thereafter, a sum of Rs.1,99,000.00 was withdrawn on 5.10.2004. It is also stated that Shri Kumar was officially authorised for transactions upto 30.3.2004 with CA no.105751, but thereafter, he was not the authorised agent to accept money for investing in schemes of the post office. The OP took the stand that since in Sept., 2004, Shri Kumar was no longer the agent, the Department had nothing to do with the alleged fraud. The OP also stated that the complainant himself left his pass book of NSS account with Shri Kumar and he did not bother to collect the papers back from him and to enquire about his pass book.