P N KRISHANA vs BANASHANKARI POST OFFICE

-THIS appeal is by the complainant challenging the order of the DF dismissing the complaint.

THE facts in this case are as follows: one Smt. B. Sharadamba and Sri B. S. Vishveshwaraiah were the purchasers of NSCs worth Rs. 10,000 each. As on the date of maturity the value of each NSC is Rs. 20,150. In the meanwhile according to the complainant the said certificates were gifted in his favour and therefore he filed Form-34 with the Post Office to transfer the said NSCs to his name. Thereafter the complainant had written several letters requesting the OPs to transfer the said certificates on the basis of the application filed in Form-34. Ultimately the OP had written a letter dated 20. 4. 2000 to the complainant calling upon him to produce the original NS Certificates. Pursuant to that letter the complainant has produced the original NSCs on 27. 4. 2000. Copy of the acknowledgement is produced and marked as Ex. C-9 before the DF.

The defence of the OPs is that out of five NSCs four NSCs were transferred to the name of some third person and issued fresh NSCs in their favour. Pursuant to the issuance of the fresh NSCs according to the OP the amount also has been paid to those persons.

SINCE the OP has not taken any steps to get the NSCs transferred to the name of the complainant, the complainant has filed the complaint before the DF alleging deficiency in service on the part of the OP. The DF dismissed the complaint in the first instance. The said order was challenged before this Commission by way of an appeal.

THIS Commission allowed the appeal and remanded the matter for fresh inquiry. After the remand the DF again dismissed the complaint recording the finding that there is no deficiency in service on the part of the OPs. This order is under challenge by the complainant in this appeal. The learned Counsel appearing for the appellant submitted that the OP was not right in transferring four NSCs in favour of some third persons without asking them to surrender the original NSCs issued to Smt. Sharadamba and Sri B. S. Vishweshwaraiah.

IN order to ascertain the truth or otherwise we called upon the OP to produce the original records. Pursuant to that the records were produced before us. In the records there is a report of an investigator appointed by the higher authorities to investigate the matter.

FROM this report it is seen the original certificates are still with the complainant. If the original certificates are still with the complainant it is not known how the OP has transferred four NSCs in favour of other persons without insisting them to surrender the original certificates issued to Sharadamba and Vishveshwaraiah. This itself is sufficient to prove that there a deficiency in service on the part of the OP. We are told that the concerned person who transferred the NSCs to some third persons and paid the amount has been removed from the service imposing penalty of compulsory retirement.

During the pendency of this appeal we called upon the OP to produce the original NSCs said to have been produced by the complainant. Pursuant to that the OPs have produced the original certificates before us. From this it is seen that there is no endorsement on the said certificates stating that the said certificates were transferred to some third persons or has paid the amount to the persons to whom the amounts said to have been paid.

THE payment of amount if any to some third persons will not come in the way of paying the amount to the person who is the holder of original certificates. According to the complainant the said five NSCs were gifted by Sharadamba and Vishveshwaraiah in his favour and pursuant to that he made an application in Forum 34 seeking for transfer of the NSCs in his favour.

THE OP after receiving the said form had written a letter to the complainant calling upon him to produce the original NSCs. Pursuant to that the complainant has produced the NSCs. The acknowledgement having received Form-34 is marked as Ex. C-9. From the facts narrated above we are of the considered view that the complainant is entitled for payment of the amount covered under the NSCs with interest. Further if any amount is paid illegally to any other third person that will not come in the way of the complainant to make legitimate claim for payment of the amount. These facts have not been considered by the District Forum in the impugned order. Therefore, in our view the appeal requires to be allowed. In the result, we pass the following: order appeal is allowed. Impugned order is set aside. Complaint filed by the complainant is allowed with a direction to the respondent/op to pay the maturity value under five NSCs to the complainant with interest at 12% per annum from the date of maturity till realization. This order will not come in the way of OP to take appropriate steps to recover the money said to have been paid to some third persons and also the officer concerned who is mainly responsible for payment of the said amount. The respondents/ops are also directed to pay a sum of Rs. 5,000 towards the costs to the complainant. Appeal allowed.