NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
AVM J. Rajendra, AVSM VSM (Retd.), Presiding Member
Shashikala Baranwal and Anr. – Petitioners
versus
Union of India and Ors. – Respondents
Revision Petition Nos.783 of 2023, 2497 of 2023, 2498 of 2023, 2499 of 2023, 2500 of 2023, 784 of 2023, 785 of 2023 and 786 of 2023
Decided on 21.6.2024
Saving Scheme – Mishandling & misappropriation of funds meant for deposit into PPF Account & purchase of Kisan Vikas Patra – Recovery of misappropriated amount, compensation for losses incurred – No new ground for enhancement of compensation made by complainants – District Forum in its Order allowed complaint in part & ordered Opposite Parties are jointly & separately to pay Rs. 6,68,000 with 6% simple interest per annum to complainant within 30 days from date of order – Payment of undisputed amount of Rs. 30,00,523/- through cheque has been made by District Consumer Commission to Complainant – State Commission affirmed the order passed by District Commission – There is no merit in Revision Petitions – Impugned Order passed by State Commission is upheld. (Paras 8, 9, 10, 19)
Result: Revision Petitions dismissed.
ORDER
This common Order resolves eight Revision Petitions, No. RP No. 783-786 of 2023 and RP No. 2497-2500 of 2023, filed under Section 58(1)(b) of the Consumer Protection Act, 2019. These petitions challenge the orders dated 28.12.2022 by the learned State Consumer Disputes Redressal Commission, Uttar Pradesh (‘State Commission’) related to Appeal Nos. 395/2022, 414/2022, 398/ 2022, 415/2022, 396/2022, 412/2022, 397/2022 and 413/2022. The State Commission upheld the orders of the District Consumer Disputes Redressal Commission (‘District Commission’) concerning four Consumer Complaints filed by the Complainant.
2. There was 175 days delay in filing four Revision Petitions No. 2497-2500 of 2023. Considering issues brought out in the Applications seeking condonation of delay, the delay is condoned.
3. Since the facts and questions of law involved in all the 08 Revision Petitions are substantially similar, except for variations in Dates, events, account number and amounts etc., these 08 Revision Petitions are being disposed of by this common Order. To facilitate clarity and convenience, FA No. 395/2022 & 414/2022 shall be considered as the primary / lead case, with the facts outlined below being extracted from Consumer Complaint No. 08/2011.
4. For convenience, the parties are referred to as placed in the original Complaint before the District Forum & State Commission.
5. Brief facts of the case, as per the Complainant, are that OP-1 and 2 mishandled and misappropriated the funds meant for deposit into a PPF Account and purchase of Kisan Vikas Patra. She contended that OP-2, an authorized agent of OP-1, failed to deposit a total of Rs.7,98,000/- into the PPF account despite receiving the funds from her over several transactions between 1993 and 2010. Upon inquiry through the Right to Information Act, OP-1 disclosed that only Rs.3,62,000/- was deposited, whereas she deposited Rs.11,60,000/- based on receipts and passbook entries provided. Further, OP-2 allegedly introduced another person, Brijesh Kumar Agarwal, under the pretext of being an agent, complicating the transaction process. The Complainant contends that due to the fraudulent actions of OP-2 and the collusion with OP-1’s employees, she suffered a loss of Rs.7,98,000/-. The Complainant filed Consumer Complaint No. 08 of 2011 before learned District Forum, seeking recovery of the misappropriated amount, compensation amounting to Rs.1,00,000/- for the losses incurred, and Rs.14,000/- for litigation expenses.
6. In reply before the District Forum, OP-1 acknowledged the opening of PPF account with an initial deposit of Rs.60,000/-. OP-1, however, contested that the Complainant’s reliance solely on OP-2, an employee of OP-1, without verifying the ledger for 19 years (1992 to 2010), and not reclaiming the passbook from the agent is negligence on her part. Her failure to monitor her account and verify deposits over such long period indicate her own carelessness. OP-1 invoked Para 10 of the directory, outlining the procedures for dealing with fraud committed by national saving agents. Any fraud by an agent is investigated by the appointing authority, typically the District Magistrate or Officer, responsible for appointing and overseeing agents on behalf of the State Govt. OP-1 asserted that the Post Office (OP-1) itself is not legally liable for actions committed by its agents, as they are appointed and regulated by govt authorities. The consumer court lacked jurisdiction to entertain the complaint because, issues involving agents appointed by District Magistrates fall under administrative and criminal law, not consumer disputes. The allegations of fraud and forgery require a detailed investigation, which exceeded summary powers of the Consumer Commission. OP-1 contended that the Complainant’s negligence in monitoring her account, the regulatory oversight and investigatory responsibilities of govt authorities, absolved OP-1 of legal responsibility in the matter.
7. In its reply,
Rubi (Chandra) Dutta vs. M/s United India Insurance Co. Ltd.
(1) National Commission – The powers of the National Commission are very limited.(2) Evidence on Record – In exercising of revisional jurisdiction the National Commission has no jurisdiction to inter....
Principal can be held liable for wrong committed by its Authorised Agent.
Revisional Jurisdiction – Concurrent decisions of District Forum & State Commission cannot be set aside by this National Commission as it cannot go into re-appreciation of evidence.
Petitioners must be afforded a fair opportunity to present evidence in cases of procedural unfairness leading to ex parte orders.
The revisional jurisdiction is limited and should only be exercised in cases of evident jurisdictional errors by the lower court.
National Commission – Revisional Jurisdiction of National Commission under Section 21(b) of the Consumer Protection Act, 1986 is extremely limited.
(1) Internal procedure enquiry - the depositors cannot be made to continue to suffer for the sake of an internal procedural enquiry of the petitioner.(2) Non-suited - The respondent cannot be non-sui....
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