JUDGEMENT
M.THANIKACHALAM, J. -
(1.) The complainants in C.C.85/2007 on the file of the District Forum,
Krishnagiri, dissatisfied with the order of the District Forum, in not
granting compensation as prayed for, have filed this appeal for
enhancement of the compensation.
(2.) Facts necessary in brief for the disposal of the appeal:-
The complainants have deposited a sum of Rs.96,000/- each on 19.7.1999
with third opposite party, under the Monthly Income Scheme [MIS], which
was matured on 19.07.2005. One H.R. Rajan, Manager of Mulluvadi Post
Office approached the complainants requesting them to sign the deposit
renewal form, including withdrawal slip and other documents. Believing
the representation made by Mulluvadi Post Office Branch Postmaster, the
complainants signed the papers and handed over the passbook also,
instructing him to reinvest the amount in the same Monthly Income Scheme,
but there was no information and he died on 29.08.2005.
(3.) The deposits were transferred to the 4th opposite party, at request of
the complainants and therefore, when the complainants approached the 4th
opposite party, they came to know that H.R.Rajan took the entire deposits
amount, without reinvesting the same. Since the matured amount was more
than Rs.2 lakhs, opposite parties ought to have paid the amount by way of
cheque, whereas, by committing negligence and deficiency in service,
appears to have paid the amount by way of cheque, thereby causing
monetary loss and mental agony. The complainants never authorized the
said H.R.Rajan as their messenger and if he had filed any documents, that
should be fabricated documents in order to cheat and defraud the
complainants. In spite of notices, the opposite parties failed to pay the
matured amount, therefore, the complainants are not only entitled to the
matured amount of deposits, with interest as well a sum of Rs.10 lakhs as
compensation. Hence, the claim.;
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