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TMI Blog2007 (12) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-2007 Annexure-"D", Appeal No. 188/2006 of the respondent was allowed and Appeal No. 487/2006 of the petitioners was rejected. Hence this Writ petition. 2. The respondent-complaint, in her complaint to the District Forum under the Act stated that she deposited amounts on different dates under the Monthly Income Scheme (for short MIS Account), in the Nanjumalige and Lakshmipuram Post Offices at Mysore, in addition opened one S.B. Account in each of the said Post Offices. The complaint authorized her son by name V.C. Nagaraj to draw the interest amount by affixing her signatures on Withdrawal forms on two occasions, as she was unable to go over to the Post Offices on account of her old age and frail health. She further stated that after the death of her son V.C. Nagaraj during the year 20041 when she approached the petitioners for withdrawal of the interest amount from her MIS account, she was informed that the accounts were closed, and that the maturity amount was withdrawn and paid to V.C. Nagaraj. This prompted the respondent-complainant to fife the complaint for recovery of the money and damages for deficiency in service. 3. The petitioners, on notice, entered appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f so, to what extent? (v) Whether this complaint is not maintainable? 5. The District Forum, on appreciating the evidence both oral and documentary, answered Point No. 3 in the negative, against the complainant, and Point Nos. 1, 2, 4 and 5 against the petitioner - opposite parties and awarded damages of ₹ 20,000/- by the order dated 28-12-2005 Annexure-"C". 5.1 The respondent, aggrieved by the said order, negativing the claim for recovery of monies in the MIS Accounts, preferred Appeal No. 188/2006 before the State Commission while the petitioners, arrived by the finding on Point Nos. 1, 2, 4 and 5 and the direction to pay damages of ₹ 20,000/-, preferred Appeal No. 487/2006 before the State Commission. The State Commission, having regard to the pleadings of the parties and the evidence both oral and documentary laid before the District Forum, raised the following point for consideration: Now the question for consideration is whether the payment of money to the son of the Complainant prematurely by closing the MIS As is in accordance with the provisions regulating payment of money under MISA. 5.2 Making reference to Rule 4, 5(2) and 10 of the Post Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled her from recovering the amounts. 7. There is no dispute over the feet that the respondent opened two MIS Accounts by depositing ₹ 30,000/ each in Nanjumalige Post Office and five accounts by depositing ₹ 6,000/-; ₹ 13,000/-; ₹ 30,000/-; ₹ 50,000/- and ₹ 50,000/- in Lakshmipuram Post Office at Mysore, on different date, due to mature for payment, six yean thereafter. That the aforesaid MIS Accounts were prematurely closed and the maturity amount paid in year cash to one V.C. Nagaraj, the son of the depositor, is held against the respondent, by the District Forum. The Departmental enquiry into the premature closing of the Accounts and payment in cash is said to have resulted in a serious reprimand of the employees concerned. 8. Indisputably, the standing instructions mentioned on the M.I.S. deposit receipts Annexure- "A" series as well as the averments set out in the affidavit dated 4-7-9005 of one Naviraj Ariga, in lieu of recording examination-in-chief, the witness for the petitioners, that the accreditation to the MIS Accounts be automatically credited to the respondent's Savings Bank Account No. 447176 in Nanjumalige Pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of a practice and procedure of accepting withdrawal form SB-7 for premature cloture of Monthly Income Scheme Account The oral evidence of Naviraj Ariga, the witness for the petitioners, is as scanty an it can be and is not hi the direction of establishing either procedure or practice as contended. In this view of the matter, it cannot but be said that the petitioners tailed to establish that the premature closure of the M.I.S. Accounts without an application from the depositor. The petitioners action being neither just, legal nor proper, tantamounts to deficiency in service. Looking at it from any angle, the petitioners had acted contrary to the rules and scheme in the matter of premature closure of the respondent's M.I.S. Accounts based on the withdrawal forms SB-7. The conclusion of the District Forum disentitling the respondent to recover the maturity amount under the M.I.S. accounts, said to have been made over to V.C. Nagaraj on the basin of SB-7 forms, hi our opinion, was correctly set-aside by the State Commission. No exception can be taken to the said finding of the State Commission. 11. The payment of maturity value on closure of the 5 out of 7 accounts being adm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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