Sri Debasis Bhattacharya, Member
This appeal emanates out of the Order dated 17-09-2014, passed by the Ld. District Consumer Disputes Redressal Forum, Burdwan (in short, District Forum) in C. C. No. 67/2013, whereby the instant case has been dismissed. Being aggrieved by and dissatisfied with the same, Complainants thereof have filed this appeal.
Factual matrix of the complaint case, in short, is that, Complainants jointly opened an MIS account with the OP No. 1 on 28-05-2010 by depositing a sum of Rs. 1,00,500/- being MIS A/c No. 13996. Relevant pass book containing seal, stamp and signature of the OP No. 1 was issued to the Complainants. It is also stated that the Complainants regularly drew monthly interest of Rs. 670/- against the MIS account concerned by presenting the pass book at the counter of the OP No. 1 and each time the payment was registered and necessary entries made in the pass book by the OP No. 1 under the seal, stamp and signature of the Sub-Post Master. Complainants, for the first time and last time drew monthly interest on 08-07-2010 and 08-06-2012, respectively. Thereafter, payment of monthly interest was refused by the Post Office on the ground that the pass book is fake and all entries made therein were false and the original pass book was kept by the OP No. 1. Being astonished, the Complainants filed the case before the Ld. District Forum.
By filing WV, it is contended by the OP Post Office that the present complaint is an outcome of fraud and conspiracy hatched up with the help of OP No. 2, who was neither a daily rated worker not an agent of the postal department, nor OP No. 2 has got any letter of appointment of any status to work as daily rated worker at the OP No. 1 Post Office. Anybody, including the Complainants, if made any transaction with the OP No. 2, he did so at his own risks. The OP No. 2 was not an employee of the Postal authority nor he had any authority to act or sign or put seal on any document on behalf of the OP No. 1. It is further stated by the OP No. 1 that due investigation into the matter has already been started to unearth the truth. In such circumstances, it prayed for dismissal of the case.
The seminal issue that radiates for consideration is whether the impugned Order suffers from any infirmity, or not.
Decision with reasons
In support of their case, Appellants filed photocopy of the disputed pass book. On a closer reflection, it transpires that the same contains official seal and signature of concerned officials, also some entries pertaining to alleged disbursement of MIS interest are there. It is important to note that notwithstanding the OP Post Office has dubbed the pass book as a fake document, it has not stated in unequivocal terms that the signatures as it appears on different pages of the book do not belong to any of its existing or former officials.
Further, it appears from the materials on record that an FIR was lodged by the Office of the Assistant Superintendent of Posts, Assansol, 1st Sub-Division under reference no. Fd/Burnpur Market Post Office/2012 dated 17-01-2013 before the Officer-in-Charge, Hirapur P.S. Burdwan against one Mr. Tapan Kumar Mallick, the then Post Master of OP No. 1 Post Office, and another Mr. Kartick Mondal, the then Postal Assistant of OP No. 1 Post Office. Relevant portion of the said FIR is appended below:
“This is to inform you that recently financial scandal at Burnpur MKT Post Office has came to light, and respective depositors of Burnpur MKT post office started to gather to verify their accounts like MIS, Savings Bank account & Recurring accounts and submitted their Xerox copy of pass book available with them.
In this connection undersigned started investigation with other members of squad on the basis of Xerox copy of Applications submitted by depositors and it has been proved that Sri Tapan Kr. Mallick the then sub post Master BNP MKT post office at Kulti Shibmandir road post kulti has issued many fake MIS pass books in connivances with SAS agent namely sri Soumen Routh. On investigation it is noticed that one parallel account numbers were issued on fake pass book against original account. Thus many fake MIS pass books have issued by using same and parallel number, and counter PA Sri Kartik Mondal S/o Girish Mondal at Master para Hutton Rd post Assansol-01 paid interest from such fake MIS pass book of same parallel numbers without consulting the genuineness of amount, name of the depositors, etc with relevant office records…….”
Such candid admission before the police authority by the Postal Authority concerned makes a hollow of the claim of the Respondent No. 1 that its men were not involved in any manner in the matter of gross financial irregularity that took place at the OP No. 1 Post Office. Admittedly, many pass books were issued by the then Sub-Post Master of OP No. 1 Post Office and the accused Postal Assistant paid interests against such illegally issued passed book. In fact, the departmental probe carried out by the OP No. 1 revealed that the employees of the OP No. 1 were hand in glove with the Respondent No. 2 in duping many hapless depositors. We are of opinion, therefore, that the OP No. 1 cannot evade its liability to make good the loss suffered by such unfortunate depositors.
As we know, the Employer is vicariously responsible for every act of omission and commission on the part of its employees. In the present case, documents on record sufficiently prove the bona fide of the claim as made by the Appellants. Moreover, pendency of criminal case is no ground at all to keep adjudication of a consumer case on hold or to dismiss the same. In our considered opinion, therefore, they are entitled to the reliefs sought for by them. The Ld. District Forum grossly erred in law in dismissing the instant complaint case and as such, the same is hereby set aside.
Accordingly, the appeal succeeds.
Hence,
O R D E R E D
that A/1389/2014 be and the same is allowed on contest against the Respondent Nos. 1, 3 and 4 and ex parte against rest of the OPs. OP No. 1 is directed to refund, within 30 days hence, an amount of Rs. 1,00,500/- to the Complainants being the principal amount of MIS together with interest @ 9% p.a. from the date of filing of the complaint case before the Ld. District Forum, i.e., from 26-03-2013 till full and final payment is made. OP No. 1 is further directed to pay, within the aforesaid stipulated period, another sum of Rs. 4,000/- as litigation cost.
