A Delhi court has dismissed a suit filed against the Ministry of Communication and IT and Postal Department by a telemarketing firm seeking recovery of over Rs 11 lakh allegedly misappropriatedby its employees and public servants.
Additional District Judge Kaveri Baweja rejected the plaint saying it was not maintainable as the alleged breach of trust was done by the firm's own employee and recovery cannot be done from the central government and postal authorities.
"In these circumstances, since as per the case of the plaintiff (firm), it is its own employee, who committed alleged breach of trust, for which FIR has also been registered by plaintiff, the suit for recovery of the misappropriated amount of Rs 11,46,800 does not lie against defendants herein i.E. Union of India and postal authorities," the judge said.
The court said, "Accordingly, in view of the discussion, the preliminary issue is decided against the plaintiff and in favour of the defendant. Suit of plaintiff is accordingly dismissed as being not maintainable."
According to the suit, firm Eage Shopping Pvt Ltd sells goods through teleshopping and Internet to customers on the basis of online and cash payment on delivery.
In February 2012, the firm entered into an agreement with Postal Department for availing services of Express Parcel as per which the department would deliver the articles to the customers and collect money on behalf of the company, it said.
It added the department was required to remit money to the firm through cheque in the name of Eage Shopping Pvt Ltd.
The plaint alleged that the firm came to know that some of its officials in connivance with postal officials and others embezzled its funds and stocks and had issued cheques in the name of 'M/s Eage Shopping' instead of 'M/s Eage Shopping Pvt Ltd' to release the cheques into sham bank account.
It claimed that defendants have received Rs 11.46 lakh from the firm's customers but did not give it.
An FIR was lodged at Janak Puri Police Station for the alleged offences of cheating, forgery and criminal conspiracy against the firm's employees for misappropriating its funds after which the company filed the suit.
The court also noted that the firm's employee himself used to receive cheques from concerned postal officials in a wrong name i.E. In the name of sham company 'M/s Eage Shopping' instead of 'M/s Eage Shopping Pvt Ltd.'
"He also got the said cheques encashed in sham account in the name of 'M/s Eage Shopping', thereby causing loss to the plaintiff company by aforesaid breach of trust," it said.