National Commission Orders Department Of Post To Return Mumbai Man ₹24.91 Lakh Misappropriated From His Account

The national consumer commission upholding the order of state commission has directed the Department of Post, Government of India, to give a Mumbai resident ₹24.91 lakh that was misappropriated from his recurring deposit account. The victim had complained that due to connivance of officials and the agent of the post office, his money was misappropriated by first transferring and then withdrawing by forging documents and authority letter. The commission also directed giving ₹1.10 lakh as compensation and refunding penalty levied on delay in paying 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.)

Victims had a recurring deposit account with dept of post

Suri along with his son were maintaining a recurring deposit account with the Department of Post in which they had been depositing their money. Suri's contention was that 50% of his deposited money amount had been transferred to a savings bank account which 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 After opening the account, the money was withdrawn by giving a false authority letter that was claimed to be issued by Suri.

Post office had contended that the savings bank account had been opened as per the documents which were found to be genuine. It added that the money was transferred from the recurring deposit to the savings account on the request of the complainant from wherein the same was withdrawn by a person who was acting as a messenger of Suri. It also denied that the agent was theirs.

No proof of victim authorising withdrawal

The National Commission observed that the fact that money was withdrawn but not by Suri was an admitted fact. Though it was stated that the person withdrawing money was authorised by Suri, there was no evidence to prove this fact and a police complaint had also been filed by Suri regarding the fraud being played upon him by the post office in connivance with its agent. Commission added that the agent was an authorized agent of NSS working for the post office. The commission said that "It is settled proposition of law that the principal is liable for the act of his agent" as per Supreme Court order.