Order
The complainant has filed her case of claim on 14-08-2013 against the Postal Department for Rs. 60,000/- maturity amount of his 5 years fix deposit of Rs. 30,000/- She has further claim Rs. 40,000/- for physical, mental harassment , total Rs. 1,00,000 has been claimed.
The case of complainant appears from her complaint petition supported with an affidavit that she has deposited Rs. 30,000/- under the scheme of fix deposit for 5 years on 12-09-2006 in the office of the opposite party, which was refused by the opposite party for payment on the ground that the post office has found that she has not deposited Rs. 30,000/- and the pass book and Account No. is totally forged as such she has filed the present case with aforesaid prayer.
She has filed the Xerox copy of pass book of account no.- 3274511 in the name of complainant showing deposited of Rs. 30,000/- on 12-09-2006.
In this case opposite party appeared and filed their written statement supported with an affidavit on 11-12-2013 alleged there in that the complainant never came to the sub post in between the date of maturity and after deposit date. The pass book which she has submitted before Post Master, sub post office collectoriate, Muzaffarpur was fictitious and was matter of investigation. The sub post master collectoriate Muzaffarpur was transferred to another post office. As per allegation of complainant that she has given application regarding instance of depositing Rs. 30,000/- but there is no any application of complain paper is recorded in the Postal Department and there is no trace of the complaint paper also and she has not submitted the authentic paper etc. Then how the Post Master sub post office collectoriate Muzaffarpur will found out regarding the deposit of money. It is upon complain to prove her case.
Sub Post Master, Muzaffarpur collectoriate has send a carbon copy of letter dated 05-09-2013 directly to this forum bearing letter no.- SPM Muzaffarpur collectoriate Miss/2013/DF in which he has alleged that alleged account has not opened on 12-09-2006 after deposited of Rs. 30,000/- F.D for 5 years in the said sub post office. The complaint petition has no account no. She has filed any complain before the Senior Postal Superintendent, Muzaffarpur it has not been mentioned is her complain petition. She was under deep slumber for about 7 years now she awakup. There is no clue that the said Sub Post Master is posted or transferred to any where and the Sub Post Master, collectoriate is not knowing that the then Post Master, where had gone. The complainant was required to come before the office on 12-09-2007 to receive the interest which she had not come if she would come her matter should have settled at that time.
The complainant has filed her written argument in which she has given the detail of fact that when she required money to solemnized marriage of her daughter, she came to post office, from where she was informed that the Sub Post Master who has issued the said pass book had made defalcation of Government money for which several criminal cases has been registered by the Department against him and the Department is doing enquiry regarding the pass book issued by him. Accordingly she had deposited the original pass book on 06-02-2010 and the saving certificate has been filed. She has further she alleged that after deposited of said pass book the postal department is avoiding her payment due to that she is suffering from financial harassment as well as mental and physical and the act of opposite party is clearly shown his deficiency in service.
The complainant has filed Xerox copy of notice dated 30-09-2014 issued by enquiring officers SRM, RMS in which the name of complainant is present at serial no.-14 by which she was required to appear before enquiry officers on 17-10-2014 and further has filed the certificate of receiving of original pass book by the opposite party on dated 06-02-2010.
The complainant has filed affidavit of witnesses namely Harikishor Choudhary her husband , Sudhanshu Kumar her son and affidavit of herself in supported of her case alleging the same fact as alleged in her complaint petition.
Considering the facts, circumstances allegations of respective parties admittedly the opposite party is taking steps against the then sub post master, collectoriate post office for his defalcation appeared before them in several cases and the enquiry is pending, no result has been communicated to this forum by the opposite party the opposite party has taken plea that there is no any trace of account of complainant. Admittedly the then Sub post master who has issued the pass book of complainant after taking money of Rs. 30,000/- from the complainant is an employee of the opposite party and if any otherwise facts of defalcation arises against him, is the departmental matter the complainant has no any connection with the said fact of his defalcation as her Xerox copy of pass book and its certificate of receipt of original pass book by the postal department. It appears that the complainant has opened and account of fix deposit bearing A/c no.- 3274511 on 12-09-2006 after deposited of Rs. 30,000/- having seal of post office, against which the opposite party has not given any material fact that the said seal of pass book entered in the said pass book of deposit of money as well as issue of pass book are forged and fabricated as such we are of the opinion that the case of complainant is well proved and she is entitle for her claim.
Accordingly the case is allowed and the opposite party is directed to pay Rs. 60,000/- of its maturity of fix deposit with interest. @ of 8 % from the date of maturity till the final payment and further the opposite party are directed to pay Rs. 20,000/- as physical, mental harassment as well as litigation cost. The both payment should be made within 30 days of the order otherwise the complainant is entitle to get it recover from the process of law.
