BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA AT HYDERABAD RP 04/2024 AGAINST THE ORDERS IN IA No.196/2023 IN CC.NO.14/2023, DISTRICT CONSUMER COMMISSION-II, HYDERABAD Between :

1. Dr. M.Padmanabha Iyyangar, S/o M.V.Narasimha Chari, Aged 83 years, Occ.: Retired Professor, R/o Plot No.236, H.No.5-11-279, Venkateswara Nagar, Meerpet, Moula-Ali, Hyderabad-500 040.

2. Dr.M.Srinivasamma, W/o Dr.M.Padmanabha Iyyangar, Aged about 72 years, Occ.: Retired Lecturer, R/o Plot No.236, H.No.5-11-279, Venkateswara Nagar, Meerpet, Moula-Ali, Hyderabad-500 040.

….Revision Petitioners/Petitioners/Complainants And:

1. Department of Posts, Represented by Director General of Post Offices, Dak Bhavan, Sansad Marg, New Delhi-110 001.

2. The Chief Postmaster General, Telangana Circle, Abids, Hyderabad – 500 001.

3. The Postmaster General, Hyderabad Region, Abids, Hyderabad-500 001.

4. The Senior Superintendent of Post Offices, Hyderabad South East Division, Hyderabad-500 002.

5. The Post Master, Kachiguda Post Office, Kachiguda, Hyderabad-500 027.

….Respondents/Opposite Parties No.1 to 5 Counsel for Revision Petitioners/Petitioners/Complainants :

M/s T.P.Acharya Counsel for Respondents/Opposite Parties No.1 to 5 : M/s P.Narayana QUORUM:

HON’BLE SMT. MEENA RAMANATHAN, IN-CHARGE PRESIDENT &

HON’BLE SRI V.V. SESHUBABU, MEMBER– JUDICIAL WEDNESDAY, THE 08^th DAY OF MAY TWO THOUSAND TWENTY FOUR ******

Order: (Per HON’BLE SRI V.V. SESHUBABU, MEMBER– JUDICIAL)

1. The revision petition is filed u/s 47 (b) of Consumer Protection Act, 2019, to set aside the order in IA 196/2023 in CC 14/2023 and permit the revision petitioner to cross examine the witness TAV Sharma, Senior Superintendent of Post Office.

2. The grounds of revision are that the petitioners who are wife and husband and they are senior citizens have filed CC 14/2023 to reimburse Rs.10,00,000/- with accrued interest from the Respondents/Opposite parties No.1 to 5; for compensation of Rs.1,00,000/- and costs; that the petitioners have filed IA 196/2023 in CC 14/2023 under Order XVIII of Rule 4, R/w Sec. 151 C.P.C., seeking permission to cross examine the witness of opposite parties by name Sri TAV Sharma, Senior Superintendent of Post Offices who filed an evidence affidavits on behalf of the opposite parties; that some important facts have to be elicited from the witness and if permission is not given for the cross examination , the petitioner will suffer irreparable injury. The other grounds of revision are that when the petitioners are out of India and when they are in USA from 10.05.2019 to 13.09.2019, the respondents in collusion with somebody allowed to withdraw substantial amounts from the account with the help of withdrawal vouchers dated 16.05.2019, 21.05.2019 and 28.05.2019; that the petitioners are having cheque facility and they are withdrawing the amounts with the help of cheques and in such circumstances allowing third parties to withdraw the amounts with the help of withdrawal vouchers shows negligence on the part of respondents; that the respondents though referred the disputed withdrawal vouchers for CFSL, not sent the contemporaneous admitted cheques containing their signatures and it shows mischief played by them. With these grounds and others that will be urged at the time of arguments, requested to allow the revision by setting aside the impugned order made in IA 196/2023 in CC 14/2023 on the file of DCDRC-II,. Hyderabad.

3. Now the point for determination is whether the impugned is sustainable under law?

4. Nobody is examined and no document is marked before this Commission. Heard the arguments on both sides. For the sake of convenience the parties will be addressed as they arrayed in the complaint.

5. Point: Admittedly, the complainants are the holders of Saving Accounts with the Respondent No.5 Post Office. It is their contention that they are senior citizens and left for USA on a temporary visit to be with their son on 10.05.2019 and returned on 13.09.2019 as per the endo