The national consumer commission has upheld an order of the state commission and directed the Department of Post, Government of India, to give a Mumbai resident Rs 24.91 lakh that was misappropriated from his recurring deposit account. The victim had complained that due to the connivance of officials and the agent of the post office, his money was transferred and then withdrawn by forging documents and authority letters. The commission also directed giving Rs 1.10 lakh as compensation and refunding penalty levied on delay in paying a deposit.
The order dated June 5 was passed by Justice Deepa Sharma, presiding member of the National Consumer Disputes Redressal Commission (NCDRC). It was passed on an appeal by the Department of Post, through the minister of communication, Government of India, Chief Postmaster General, GPO Building, Senior Superintendent of Post Offices and Senior Post Master against Mahim resident Colonel Narendra Nath Suri (Retd).
Documents forged by PO agent
Suri and his son had a recurring deposit account with the Department of Post. Suri’s contention was that 50% of his money had been transferred to a savings account that he had never opened. This was done by forging documents by the agent of the post office. After opening the account, the money was withdrawn by giving a false authority letter that was claimed to be issued by Suri. The post office contended that the savings account had been opened as per documents that were found to be genuine.
It added that the money was transferred at the request of the complainant and withdrawn by a person who was acting as a messenger of Suri. It also denied that the agent was theirs.
The NCDRC observed that it was an admitted fact that Suri had not withdrawn the money. Though it was stated that the person who withdrew the money was authorised by Suri, there was no evidence to prove this fact. A police complaint had also been filed by Suri regarding the fraud perpetrated upon him by the post office in connivance with its agent. The commission added that the agent was an authorised agent of NSS working for the post office. The commission said that “it is settled proposition of law that principal is liable for the act of his agent”, as per a Supreme Court order.
