ORDER

1.      The present Revision Petition (RP) has been filed by the Petitioner against Respondents as detailed above, under section 21 (b) of Consumer Protection Act 1986, against the order dated 08.05.2019 of the State Consumer Disputes Redressal Commission West Bengal (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.A/1126/2017 in which order dated 20.09.2017 of Hooghly District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum) in Consumer Complaint (CC) no. 119 of 2009 was challenged, inter alia praying for setting aside the Order dated 08.05.2019 of the State Commission and dismissing the Complaint.

2.      While the Revision Petitioner(s) (hereinafter also referred to as OP) was Respondent and the Respondent(s) (hereinafter also referred to as Complainants) were Appellants in the said FA No. 1126/2017 before the State Commission, the Revision Petitioner was OP and Respondents were Complainant before the District Commission in the CC no. 119 of 2009.

3.      Notice was issued to the Respondent(s) on 30.08.2019.  Parties filed Written Arguments/Synopsis on 23.08.2023 and 09.01.2023 respectively.

4.      Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Commission and other case records are that  in the year 2005, complainants opened six Monthly Income Scheme ( MIS) through Opposite Party No.2 before the District Forum ( Opposite Party No.2 is the Postal Agent in Serampore Head Post Office ) aggregating to Rs.4,80,000/-.  The Complainants closed all the six MIS accounts before maturity, since they had to arrange for money for operation of their son at Vellore.   On 10.07.2017, complainant no.1 on the instruction of the OPs made an authorization letter stating that they are eager to close down all the six MIS and requested the OP No.1 – Petitioner to transfer the amount to their saving account No.1276869.  Complainant no.1 authorised Sri Souvik Chatterjee, son of OP No.2 ( Smt. Minati Bhattacharjee) to collect the papers regarding the six MIS on their behalf.  On same day, complainants made an application to open a new saving account and on same date, account no. 1276869 was issued by OP No.1 but said new saving account has not been handed over to them till date.  It is alleged by the complainant that OP No.2 convinced them and obtained their signatures on the withdrawal slip of the post office and placed them for withdrawal of interest of MIS from OP No.1.  The complainants stated that they frequently visited the office of OP No.1 to know about the details of the closure of MIS but every time, OP No.1 told them that it will require six months time  to complete the entire process of closure as the amount is a hefty one.  It is stated by the complainants that they also made contact with the OP No.2 but she also told the same. 

5.      Subsequently, complainants came to know that OP No.2 has absconded and on 03.09.2007 complainant no.1 made a written representation informing OP No.1 not to allow OP No.2 to withdraw any amount from their account but the OP No.1 reported to them that all the amount of the six MIS have been transferred on the date of application to their saving account.  Finding no other alternative, complainants wrote a letter to OP No.1 on 17.09.2007 but P No.1 did not pay any heed to the same.  It is alleged by the complainants that OP No.1 in connivance with other dealing staff and OP No.2 withdrew the entire amount, which amounts to deficiency in service.  The Complainants, therefore, filed CC before the District Forum. The District Forum vide order dated 20.09.2017 dismissed the Complaint of the Complainants.  Being aggrieved of the said dismissal, the Complainants filed FA No.1126 of 2017 before the State Commission and the State Commission allowed the appeal of the Complainants.  Being aggrieved of the said order, the Petitioner – OP No.1 is before this Commission in the present RP.

6.      Petitioners