Order-17.
Date-20/07/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants’ case in short is that the Complainants’ are husband and wife. The Complainants in the year 2003 obtained 2 Monthly Income Scheme (MIS), A/c No.3324880 and A/c No.3327295 respectively by depositing Rs.1,00,000/- each in both MIS Accounts. The Complainants used to get monthly interest of Rs.700/- each from the said MIS Accounts and such monthly interest was deposited in two Recuring Deposit Accounts being RD No.KBA1703 and KBA1070 respectively upon by the Complainants at Kasba Post Office. The Complainants for lack of time used to operate those Accounts through OP-4. Shri Ashok Kumar Mullick of 44A, N.C. Chowdhury Road, Post and Police Station – Kasba, Kolkata – 700 042 who is authorized registered agent of Kasba Post Office. Said Ashok Kumar Mullickl since inception of those MIS and RD Accounts used to operate those Accounts on behalf of the Complainants. The Complainants used to deposit monthly interest amount of Rs.700/- in respect of each account in the aforesaid two RD Accounts per month by sighing necessary documents. Complainants reposed complete faith upon Sri Mullick. In the month of December the Complainant came to know that their said authorized Agent i.e. OP-4 would be out of station, Complainant No.1, as such, on 19.01.2009 wrote a letter to OP-1 informing that their Agent Sri Mullick would be out of station and requested the Post Master to stop any kind of transaction without his order in those Accounts. The Complainants were expecting a communication from OP-4, since all the pass books and other related documents in connection with Post Office accounts are in the custody of the said Agent. The Complainants all on a sudden received a letter dated 12.06.2009 from the said OP-4 that he is out of Kolkata for some special reason and will come back in the month of September and then he will arrange every thing relating to their Pass Books. The Complainants thereafter, waited beyond the period as mentioned in the letter dated 12.06.2009 as per assurance of Sri Mullick. The Complainants thereatfter visited the Kasba Post Office and contacted the Post Master who could not give any clue regarding whereabouts of OP-4. The Complainants however, requested the said Post Master to reissue the Pass Books of MIS and Recurring Deposit Account since those were in the custody of OP-4.
The OP-4 did not communicate with the Complainants since thereafter. Complainant also visited the house OP-4, but did not get any cooperation from his wife and son. On further enquiry, the Complainants came to know that OP-4 did not deposit monthly interest amount of Rs.1,400/- in RD Account and by this process he siphoned off Rs.1 lac of the Complainants and committed fraud upon the Complainants.Complainants also lodged complaint with O.C, Kasba Police Station on 17.07.2010.Complainant also wrote a letter on 12.08.2010 to OP-1 intimating the said fraud committed by OP-4 and informed him that the terms of KBA A/c has already expired and they are unable to withdraw the matured amount in those Accounts and also requested to arrange for duplicate copies of MIS Pass Books. The Complainants also informed about the fraud to OP-2. OPs, however, did not issue the duplicate Pass Books till date. Complainants issued reminder to OP1 and OP2 on 24.10.2012 and 18.10.2012, but none of the said OPs took any step to redress the grievances of the Complainants. The Complainants also served a legal notice dated 14.12.2012 upon OPs 2 and 3 with copy to OP-1 to take appropriate steps, but to no good.
The Complainants however, out of turn received two intimation dated 25.03.2013 from department of Post to the effect that the balance at the credit of their RD Accounts No. 1070 and 1703 at Kasba Office is nil and those Accounts have been closed on 25.07.2008. It is alleged that OPs -1,2 and 3 did not take appropriate care and cautions with regard to the Savings Accounts of the Complainants and taking advantage of their indifferent attitude, the OP-4 siphoned off entire amount of the Complainants and fled away. It is stated that Postal Department did not take any initiative to track their authorized agent i.e. OP-4. It is stated that OP 1,2 and 3 being the principal of the said agent are duty bound to compensate the Complainants for act of their agent. The Complainants upon receiving of the information of nil balance, rushed to Kasba Post Office and contacted the Post Master on innumerable occasions and were reportedly assured that would be compensated properly, but till date nothing is done.
None of the OPs could also explain as to reason for which the balance in their Accounts become ‘nil’. The Complainants has prayed for compensation and also for interest accrued in RD Accounts along with the amount lying in such Accounts and also other relief in terms of prayer in the petition of complaint.
OP-1, 2 and 3 have contested the case in filing w.v. contending inter alia that the case is not maintainable either in law or in fact.
OPs have stated that it is highly irregular to operate Accounts through Agents and such practice shows complete negligence and carelessness on the part of the Account holder. It is stated that the Complainants should at least have retained the MIS and RD Accounts with themselves to keep watch on their Accounts. It is also stated that it is purely an arrangement and understanding between A/c Honder and their Agent where the OPs 1,2 and 3 have no role to play. It is also stated that the Pass Books under reference were not lost or stolen but handed over by the Complainants to OP-4 and the issuance of the duplicate Pass Book does not arise at all. It is also stated that Agents are under the sole control to Small Savings Organisation and the Post Office is a Central Government Department and is in no way responsible about the whereabouts of the Postal Agent. It is stated that as per available records, it is seen that the RD under reference were closed on 21.07.2008 and 29.07.2008. It is stated that OP-4 took the advantage of the personal relation with the Complainants and withdrew the amount taking advantage of being custodian of the Pass Books. It is stated that it is not the responsibsility of the Postal authorities if some person cheats investors. It is stated that OP-4 intentionally kept the depositors in the darkness for ill motive and OPs 1,2 and 3 cannot be held responsible by any means for such fraudulent act of OP-4. It is denied OP 1,2 and 3 are the principal of the agent. It is stated that MIS Accounts are still lying till date and the department is ready to pay the Complainants their invested amount with due and admissible interest on production of Pass Book and related documents. It is stated that there is no negligence on the part of the answering OPs. These OPs have prayed for dismissal of the case.
OP-4 has not contested the case and the case has proceeded ex parte against OP-4.
Point for Decision
- Whether OP is deficient in renderiong services to the Complainants?
- Whether Complinants is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. photocopy of letter dated 19.01.2009, photocopy of letter dated 12.06.2009 written by OP-4, photocopy of GD dated 17.07.2010, photocopy of letter darted 12.08.2010 addressed to Post Master, Kasba, photocopy of letter dated 19.05.2011, photocopy of letters on different dates. photocopy of legal notice dated 14.12.2013 and other documents on record.
It appears that Complainants jointly deposited a total sum of Rs.2 lacs in two RD Nos.KBA1703 and KBA1070 respectively in Kasba Post Office and such investment was fetching Rs.700/- each per month as interest. The deposits have been made through Ashok Kumar Mullick, OP-4, an agent of Kasba Post Office. He used to keep original Pass Books and also used to withdraw monthly interest from the Post Office against the said two Accounts. From these Accounts the Complainants used to get monthly interst of Rs,.700/- each and such monthly interest was deposited in two RD Account being Recurring Deposit No..KBA1703 and KBA1070 respectively at Kasba Post Office. It is given to understand to us that OP-4 used to operate the two monthly income scheme and two RD Account on behalf of the Complainants who lacked time. We find that OP-4 taking advantage of such arrangements by the Complainants withdrew the entire amount from the Recurring Deposit Accounts and absconded. The Complainants have alleged deficiency of service against the Postal Department stating that OP-4 is an Agent of the Postal Department and as such Postal Department is bound by the fraud committed by OP-4 and is liable to compensate the Complainants. The question is whether Agent is under the control of Postal Department. SAS and MPKBY Agents as we know, are under the sole control of Small Savings Organization and the Post Office is the Central Government Department and is in no way is responsible about the acts and activities of the Postal Agent. We also find that the Complainants used to operate Accounts through Agent. They have not also retained the MIS and RD Pass Books with themselves. It is also curious that the Complainants acting upon the instructions of an Agent retained their Pass Books with the Agent even when the Agent is reportedly out of station. We find that the Pass Books under reference were handed over by the Complainants to OP-4 and the personal relation between the complainants and the Agent is not look out of Postal Authority. Moreover, when a breach of trust takes place responsibility or blame cannot be thrust upon the Postal Department being a Central Government Department. The law of agency is controlled by the Small Savings Organization and for any unlawful acts on the part of the Agent, the Small Savings Organisation can take action against the said Agent. Agents are neither recorded nor controlled by the Department of Postal. It appears that Complainants have entrusted their MIS Pass Book with the Agent to withdraw the monthly interest through him from time to time by the Complainants through trust and volition. We think that Post Office can never be held responsible in this regard. We also find from the materials on record that the RD A/c under reference were closed on 21.07.2008 and 29.07.2009. It is clear that OP-4 took the advantage of personal relations with the complainants the amount by having the opportunity of being a custodian of the Pass Books. The Complainants have trusted the Agent and retained their Pass Book with OP-4 who in turn deceived the Complainants. We also find that there is clear provision for the customer to deposit RD premium from the interest accrued from the MIS scheme through Savings Bank Account. May be OP-4 intentionally kept them about such system in the darkness for his ill motive. We think that OPs 1,2 and 3 cannot be held responsible for the fraud committed by OP-4. We find that the entire issue is related with an Agent’s fraudulent activity towards his customer. Fraud is not within the domain of C.P. Act. Complainant’s need to move to the Criminal Court or Police as per law against OP4 being the Agent.
We, however do not find any difficiency in service on the part of Postal Department. We, however, find that Postal Department is ready to pay the Complainants their invested amount with regard to MIS Accounts along with interest accrued thereon. Accordingly, we think that the Complainants are entitled to get the invested amount lying in the MIS Account along with interest accrued thereon till date of payment. But complainants have made no prayer as regards release of invested amount lying in the MIS.
Consequently, the case merits no success.
Hence,
Ordered
That the instant case be and the same is dismissed on contest against OPs1, 2 and 3.
No order as to cost.
