West Bengal

Bankura

CC/64/2017

Sarkar Hansda - Complainant(s)

Versus

Post Master Tiluri Sub Post - Opp.Party(s)

Mahiuddin Ahamed

10 Jan 2023

ORDER

                    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer Complaint  No. 64/2017

Date of Filing : 22.09.2017

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                           Ld. Member. 

3. Siddhartha Sankar Bhui             Ld. Member.

 

For the Complainant: None

For the O.P. Ld. G.P., Bankura  

Complainant   

1.Sarkar Hansda, Vill-Chhatinbad, P.O.Tiluri, Dt.Bankura

2.Krishna Hansda, Vill-Chhatinbad, P.O.Tiluri, Dt.Bankura

Opposite Party 

1.Post Master, Tiluri Sub-Post Office, Saltora, Bankura

2.The Superintendent, Bankura H.P.O., Bankura

FINAL ORDER / JUDGEMENT

Order No.31,

Dt.10-01 -2023

No step is taken on behalf of the Complainant.

Step is taken on behalf of the O.P./Postal Authority through Ld. G.P., Bankura who is present.

The case is fixed for evidence of the Complainant.

It appears from the record that Written Version has already been filed by the O.P. on 30-07-2018 and since then the case is at the stage of argument after taking evidence of the Complainant but the Complainant himself did not turn up during this long period to give his evidence as per direction of the Commission. It is a long pending case and the Commission is not inclined to adjourn the case further.

Ld. G.P. is ready for the argument.

After hearing argument the Commission proceeds to dispose of the case as hereunder: -

The Complainants’ case is that they are the Joint Account holders with the O.P./Postal Authority No. being 833601 but they do not receive the Original Pass Book for which several persuasions and approaches were made before the O.P./Postal Authority who ultimately refused the same.

                                                                                                                                                                                   Contd……..p/2

                                                                                           Page: 2

The O.P./Postal Authority contested the case by filing Written Version contending inter alia that Saltora P.S. Case No.63/13, dt.01-11-2013 has been lodged in relation to mis-appropriation of Govt. money at Tiluri Sub-Post Office where the said Account has been opened by the Complainants and the Original Pass Book has been seized by the Police Investigating Agency in connection with the case and as such the O.P./Postal Authority is not in a position to return the Original Pass Book to the Complainants as it is lying with the custody of the Investigating Agency. Meanwhile the O.P./Postal Authority offered a Duplicate Pass Book to the Complainants but the same was not received by them.

Having regard to the facts and circumstances of the case and the submission on both sides through their pleadings the Commission finds that the Original Pass Book in respect of the above mentioned Account of the Complainants has been seized in connection with the above referred Police case and as such the Original Pass Book is lying with the custody of the Investigating Agency. It is not clear from the record whether any Criminal trial is pending or disposed of in relation to that offence and if there be any such trial the ceased Original Pass Book may be in the custody of the trial Court.

It is oft-quoted law that a document in relation to which an offence has been committed and the said document is seized and produced before the trial Court as Alamat of the case no other authority except the concerned Court has any power to return the same. This Commission has neither any power and jurisdiction to pass any order for returning the seized Original Pass Book to the Complainants nor direct any Court or Authority where such document is filed or lying to return the same. It is open to the Complainants either to receive the Duplicate Pass Book from the concerned O.P./Postal Authority or to apply for the Original Pass Book before the concerned Court. Without exhausting the legal procedure the Complainants have approached this Commission for the same relief but for the reasons stated above the prayer of the Complainants is totally misconceived and hence cannot be entertained.

Hence it is ordered…..

That the case be and the same is dismissed without cost.

Both parties be supplied copy of the order free of cost.

                            __________________                            ________________                            _______________

                       HON’BLE   PRESIDENT                     HON’BLE    MEMBER                   HON’BLE    MEMBER