RESERVED
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
COMPLAINT NO. 249 OF 2015
- Vinod Kumar Kedia
S/o Late Bishwa Nath Kedia
R/o at Jubilee College Road
Gorakhpur. Pin-273001
- Smt. Santosh Kedia
W/o Sri Vinod Kumar Kedia
R/o at Jubilee College Road
Gorakhpur. Pin-273001
- Ruchi Kedia
D/o Sri Vinod Kumar Kedia
Having parental address at
Jubilee College Road
Gorakhpur. Pin-273001
...Complainants
Vs.
01.Department of Post & Telegraph
New Delhi
02.Chief Post Master General
U.P. Circle, Lucknow
03.Post Master General, Gorakhpur.
04.Sr. Superintendent of Post, Gorakhpur.
05.Post Master, Head Post Office
Gorakhpur, U.P.
...Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT
HON’BLE MRS. BAL KUMARI, MEMBER
For the Complainants : Sri Alok Kumar Singh, Advocate.
For the Opposite Partis : Dr. Uday Veer Singh, Advocate.
Dated : 20-04-2017
JUDGMENT
PER MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT
Present complaint has been filed by complainants Vinod Kumar Kedia, Smt. Santosh Kedia and Ruchi Kedia under Section 17 of the Consumer Protection Act 1986 before State Commission against opposite parties, Department of Post and Telegraph through Director General,
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Postmaster General, Gorakhpur, Sr. Superintendant of post offices, Gorakhpur and Postmaster Head Post Office, Gorakhpur for redressal of grievance arising out of alleged wrongful and fraudulent withdrawal of money from their accounts maintained by Post Office, Gorakhpur. They have claimed principal amount of Rs.21,50,000/- alongwith interest of Rs.6,00,000/- and compensation of Rs.5,00,000/-.
According to complaint relevant facts in brief are that the complainants had three accounts in Head Post Office, Gorakhpur out of which M.I.S. account No. 5115273 was in the name of complainants no.1 and 3, whereas M.I.S. account No. 5115274 was in the name of complainants no.2 and 3. The third account was R.D. account No. 687524 in the name of complainant no.1. The passbook of all these accounts were lost by complainants. Therefore, they approached opposite party no.5 for duplicate passbook after having lodged report in police station on 03-09-2013 and moved application accordingly. Opposite party no.5 took the application and assured that duplicate copies of pass-books shall be issued after verification but he did not give receipt of application. Thereafter formalities were completed but opposite party no.5 did not issue duplicate copies of passbooks. In the meantime in April, 2014 the complainants came to know through news papers about misappropriation and fraudulent withdrawal of crores of money allegedly done in the office of opposite party no.5. Thereafter complainants filed applications under R.T.I. Act to enquire status and details of their above mentioned accounts and the information given under R.T.I. Act revealed that the payments of Rs.1,50,000/- from account R.D. No. 687524 and Rs.1,20,000/- from M.I.S. account No. MIS 5115273 have been made in cash whereas balance amount of MIS account No. 5115273 and all amounts of M.I.S. account No. 5115274 have been siphoned through a sham account No. 644646 which was opened fraudulently at the Head Post Office of opposite party no.5 in the name of complainants no.2 and 3 without proper verification or KYC.
Thereafter complainants presented application to opposite party no.5
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but could not get any relief. They approached local police also to lodge F.I.R. But police did not lodge report on the ground that massive fraud has already been reported. As such complainants have filed complaint before District Consumer Forum.
Opposite parties have opposed complaint by filing joint written statement wherein it has been stated that the complainants have made transactions from their accounts upto January, 2014 with their passbooks and have withdrawn money. They have never submitted application to Postmaster for duplicate passbook. It has been further stated that complainants have never reported loss of passbooks and account No. 644646 in the name of complainants no.2 and 3 have been opened under KYC norms containing photographs of depositors and KYC papers.
In written statement it has been further stated by opposite parties that some cases of fraud have been reported and enquiry is in progress. Result of enquiry shall unearth the truth.
Both parties have filed evidence through affidavits.
We have heard learned Counsel for the parties and perused evidence on record.
Complainants have filed copy of report allegedly given by complainants to police on 03-09-2013 regarding alleged loss of passbooks. But this report neither contains Rapat Number of G.D. of police station in which it has been entered nor copy of G.D. of police station has been brought on record to show that this report has been received on 03-09-2013 and has been entered in G.D. of police station. As such we are unable to accept that this report has been given to police station on 03-09-2013.
Complainants have filed copies of applications for issue of duplicate passbooks. Applications for issue of duplicate passbooks of MIS account No. 5115274 and M.I.S. account No. 5115273 are dated 28-02-2014 whereas application for issue of duplicate passbook of R.D. account No. 687524 is dated 06-09-2013. But there is no receipt or entry on it to show that this application has been received on 06-09-2013.
In paragraph 10 of complaint complainants have stated that the complainants approached office of opposite party no.5 for intimation and
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for issuance of duplicate passbook by putting an application alongwith copy of general diary dated 03-09-2013 lodged in local police station in connection with missing 3 passbook and said general diary is annexure B of complainant. Annexure B of complaint shows that it is not a copy of general diary of police station. In fact it is copy of report allegedly given by complainant to police station on 03-09-2013 and it does not contain rapat number of general diary in which it has been entered. As such it is apparent that the complainants have not given correct statement of fact in complaint. Discussion made above shows that two applications allegedly moved by complainant for issue of duplicate passbooks of M.I.S. account No. 5115274 and M.I.S. account No. 5115273 are dated 28-02-2014 and application for issue of duplicate passbook of R.D. account No. 687524 is dated 06-09-2014 but there is no receipt or entry on it to show that this application has been actually moved on 06-09-2014. Opposite parties have denied receipt of such application. As such complainants have to prove that this application has been moved on 06-09-2013. But they have failed to discharge their burden.
In view of discussion made above we are of the view that the complainants have failed to establish that they have informed opposite party no.5 about loss of passbooks on 06-09-2013 and have moved application on 06-09-2013 for issue of duplicate passbooks. But all the three accounts of complainants are admitted to opposite parties and complainants are denying withdrawls from their accounts. They have denied their signatures on withdrawl forms. They have denied opening of account No. 644646 and have alleged that this account has been opened fraudulently without calling for PAN card and other documents and without compliance of KYC norms. As such departmental enquiry is necessary to decide claim of complainants. Opposite parties have admitted that departmental enquiry is pending. We are of the view that the delay in enquiry is a deficiency in service.
In view of discussion made above considering all facts and evidence on record we are of the view that the complaint should be allowed with direction to opposite parties to conclude enquiry and to decide complaint of
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complainants positively within three months from the date of this judgment.
ORDER
Complaint is allowed. Opposite parties are directed to conclude enquiry and to decide complaint of complainants positively within three months from the date of this judgment.
Parties shall bear their own costs.
Let copy of this order be made available to the parties within 15 days positively as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
Pnt.
