POST OFFICE, ALIPUR vs RUBI

THIS revision is directed against the order dated 19.7.2004 of State Commission, Delhi dismissing appeal against the order dated 26.5.2004 of a District Forum whereby petitioner/opposite party was directed to pay interest @ 9% p.a. on the maturity amount of Rs. 92,000 from the date(s) of maturity till date of payment i.e., 30.5.2002, compensation of Rs. 500 and cost to the respondent/complainant.

FACTS giving rise to this revision lie in narrow compass. Respondent purchased Kisan Vikas Patras (KVPs) of the value of Rs. 40,000 and Rs. 6,000 which were due maturity on 4.3.2002 and 9.3.2002 respectively from the Post Office at IDPL, Virbidhar, Rishikesh. Respondent shifted to her native village Palla, Delhi. On 2.2.2002 she made application to the Post Master, Alipur for transfer of KVPs of Rs. 40,000 and payment thereof at Delhi. Another application for the same purpose was filed on 5.3.2002 for the KVPs of Rs. 6,000. Maturity amount of the KVPs purchased on 4.3.2002 was made on 30.5.2002 while those purchased on 9.3.2002 on 24.01.2003 by Alipur Post Office. Alleging delay in payment of maturity amounts, the respondent filed complaint seeking interest and other reliefs which was contested by the petitioner. Complaint was allowed by the District Forum and appeal against District Forum''s order filed was dismissed by the State Commission. While assailing the orders passed by Fora below Mr. D.S. Mehandru for petitioner invited our attention to para No. 4 of affidavit of Sachin Mittal, working as APMG (Vig.) (copy at pages 29 to 32) filed by the petitioner and instruction 37(8) issued by the Post and Telegraph Department-Annexure P-2 dealing with transfer of certificate from one post office to another. It was pointed out that payment was made to the respondent immediately after confirmation was received by the Alipur Post Office. Aforesaid para 4 of the affidavit reads thus : "That the petitioner submitted application for transfer of the KVPs under Registration No. 4128 on 2.2.2002 and under Registration No. 4137 on 5.3.2002. The confirmation regarding the said certificates was received at Alipur Post Office on 28.5.2002. The payment of the KVP under registration No. 4137 was made to the respondent on 30.5.2002 vide Cheque No. 635125 on presentation of KVP by the respondent. The payment of KVP under Registration No. 4128 was made on 24.1.2003 vide cheque No. 635125 on presentation of the said KVP by the respondent at Alipur Post Office. Registration Number of the KVPs of value of Rs. 40,000 was 4128 while that of Rs. 6,000 it was 4137."

Reading of para 37(8) of the instructions referred to above would show that it is applicable where the certificates are pledged which is not the case here. Sub-para Nos. 4 and 5 of Instruction 37 read thus : "4. When an application for transfer of certificate from one post office to another is presented at the office to which the certificate is sought to be transferred, the Postmaster of the receiving office will scrutinise the application with reference to the original certificate. After satisfying himself that the application has been filed in properly and correctly, he will return the certificate to the holder and forward the transfer application with a covering letter to the office of Registration. In the covering letter it will be specifically stated that the particulars of the certificate as entered on the transfer application has been checked and found correct.

The office to which the certificate has been transferred will number the application for transfer in a separate series maintained for the purpose immediately on receipt. The application for the transfer will be treated in the new office in every respect like an application for purchase. An intimation shall be sent to the holder on the address given in the application for transfer (Forum No. 32) informing him of the transfer and requesting him to present the certificate at the post office for proper endorsement of transfer, etc. thereon. When the certificate is present a remark ''Transferred to the Books of .................office and registered under No. ...........'' will be recorded on the certificate under the dated signatures of the Postmaster and the certificate stamped with the date of the office."

As may be seen from aforesaid para No. 4 of the affidavit, though the application for transfer of KVPs were made on 2.2.2002 and 5.3.2002 but the confirmation was received by Alipur Post Office on 28.5.2002. There was, thus, delay of more than 3 months in receiving confirmation of the KVPs under registration No. 4128 and of more than 2 months with regard to KVPs under registration No. 4137. In ordinary course this confirmation ought not to have taken at any rate more than two weeks time. Post Office at both the places are the parts of the same postal department. As may further be seen from said para No. 4 the maturity amount of KVPs of the value of Rs. 40,000 was made on 24.1.2003 though the maturity date was 4.3.2002. Likewise payment of the maturity amount of KVPs of the value of Rs. 6,000 was made on 30.5.2002 as against the maturity date of 9.3.2002. This delay in making payment amounts to deficiency in service and the respondent is, therefore, entitled to interest for the delayed period. Though the payment of KVPs purchased on 4.3.2002 was made on 24.1.2003 still the respondent has been granted interest only upto 30.5.2002. There is, thus, no illegality or jurisdictional error in the orders passed by Fora below warranting interference in revisional jurisdiction under Section 21(b) of C.P. Act, 1986. Accordingly, revision petition is dismissed with cost of Rs. 2,500 to the respondent. Revision Petition dismissed.