1. The brief fact of the case of complainant is that he is a saving account holder under the O.Ps vide no. 9967562055 and as on 14.01.2020 the available balance in his above account was Rs. 70,088/-.  It is alleged that on 03.02.2020, during audit of the department, he came to know that an amount of Rs. 65,000/- has been withdrawn from his account without his knowledge and consent and many approaches, correspondences with the O.Ps, he did not get back his amount, thus being harassed mentally, financially and physically, he filed this case claiming the lost amount of Rs. 65,000/- and Rs. 1,00,000/- towards compensation and Rs.10,000/- towards costs of litigation from the O.Ps.

2. The O.Ps being the same organization have appeared and filed their counter version admitting the fraudulent withdrawl of Rs. 65,000/- from the account of complainant, have contended that the concerned Sub Post Master of Lachipeta post office namely Sri Biswanth Podiami (under suspension) has committed massive fraud to a tune of Rs. 93,19,593/- which was detected on 31.12.2020 during annual inspection.  It is also contended the said fraud case has also been handed over to CBI which is under investigation and after due investigation, the amount of complainant will be refunded to him.  Thus showing no deficiency, they prayed to dismiss the case.

3. Complainant filed curtain documents in support of his allegations, whereas the O.Ps have not filed any single documents.  Heard from the parties present at length.  Perused the case record and materials available therein.      

4. In this instant case, it is an admitted fact that the complainant is having one saving account with the O.Ps vide account no. 9967562055 and as on 14.01.2020 the available balance in his above account was Rs. 70,088/-.  It is also an admitted fact that an amount of Rs. 65,000/- was withdrawn from his account.  The allegations of complainant is that the said withdrawal is not in his knowledge and consent,  whereas the O.Ps admitting the same have contended that the said fraudulent withdrawal was done by Sri Biswanath Padiami, the then Sub Post Master of Lachipeta Post Office, as such department have no deficiency in service.
   
   After careful observation, we have noticed that the department of post personally has no role in the said fraudulent act done by Sri Biswanath Padiami.Whereas it is also a fact that the department is the actual care taker and custodian of the savings of the parties / customers who are having account with the O.Ps. In our view, had the audit / inspection was carried out within / specific time period, than the alleged fraud would not have done by any person, and no person shall suffer from such act and the department has not carried out the audit / periodical inspection, which results this dispute, which is clear deficiency in service on the part of O.Ps (department) towards the amount having in their safe custody.
   
   Further it is observed that due to such fraudulent withdrawal, complainant made several correspondence with the O.Ps, which is also revealed from the documents filed by the complainant.It is also observed that due to such fraudulent withdrawal complainant must have suffered from mentally agony, sustained financial hardship as well as physical harassment, which compelled him to seek redress before the Commission.Hence this order.

                                                                                                                   ORDER

          The complaint petition is allowed in part.  The O.Ps are herewith directed to refund the lost amount of Rs. 65,000/- alongwith the interest as prevailed at the time of opening the account with them and also to pay Rs. 20,000/- towards his sufferings and Rs. 2,000/- towards costs of litigation to the complainant within 45 days from the date of receipt of this order, failing which the lost of amount of Rs. 65,000/- shall carry interest @ 10% p.a. from the 03.02.2020 till payment.  

          Further the O.Ps are at liberty to recover the entire paid amount except the lost of Rs. 65,000/- from the erring officer i.e. Sri Biswanath Padiami in accordance with law.

          Pronounced the order in the open Court on this the 24^th day of August, 2022.  Issue free copy to the parties concerned.