MAHENDRA KALITA vs SUB-POST MASTER

THIS appeal has been filed against the judgment dated 23.12.1998 passed by the District Forum, Kamrup at Guwahati in C.P. No. 34/1996. A complaint was filed by the present appellant claiming that he purchased four 6 Years National Saving Certificates from Bijoynagar Post Office valued at Rs. 10,000/- each, original copies of which have been produced before us by Mr. K.K. Bhatra, learned Counsel for appellant and photo-copies of them are also available in the record. It is seen from the certificates that those were purchased on 17.8.1988 and the maturity date is 18.10.1994. After the date of maturity, when the claimant went to the Post Office to get the maturity value, he was told by the Post Master that his record shows that NSC was purchased for Rs. 4,000/- only and not for Rs. 40,000/- as reflected in the certificates. As such he refused to pay the maturity value as claimed by the claimant. Accordingly, this complaint was filed claiming an amount of Rs. 76,040/- with a further claim of Rs. 2,000/- in respect of each certificate and the total claim was Rs. 84,040/-.

A written statement was filed on behalf of respondents wherein it was stated that this irregularity was detected at the time when only it was presented for payment at the time of maturity. Before the District Forum, following witnesses were examined- P.W. 1 - Mahendra Kalita D.W. 1 - Dharanidhar Das, who was the temporary Sub-Post Master in Bijoynagar Post Office in October, 1988 for 15 days and he admitted that he sold 4 NSCs to the complainant on 17.10.1988. He deposed that only an amount of Rs. 4,000/- was paid in cash and not Rs. 40,000/-. D.W. 2 - Dhaneswar Talukdar, the agent, through whom NSCs were purchased. On consideration of the materials on record, the learned District Forum rejected the claim of the claimant. Hence this appeal.

After hearing the learned Counsel for the parties and on perusal of the materials on record and having a look at the original NSCs produced by the learned Counsel for appellant, we are of the firm opinion that NSCs worth Rs. 40,000/- were purchased by the complainant and he is entitled to receive the maturity value of the same in its entirety. That evidence also shows that there was some collusion between the agent and the temporary Sub-Post Master. It is for the department to make necessary enquiry and punish the person responsible for that. The complainant cannot be made to suffer for the laches on the part of the department. In the common parlance, NSC is like a currency note and more so it is a negotiable instrument and that value must be attached to it, otherwise the whole system shall stand collapsed and the confidence of the people also stand eroded.

IN view of that matter, this appeal is allowed. It is ordered that the total maturity value of the NSCs shall be paid to the complainant with interest at the rate of 9 percent per annum from the date of maturity within a period of one month from today failing which there will be further interest at the rate of 18 percent per annum with a further cost of Rs. 5,000/-. Appeal allowed.