SENIOR POST MASTER vs Dinesh Kumar Sharma

THIS is an appeal against the judgment and order dated 16.9.1993 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 102/1993.

THE facts of the case stated in brief are that the complainant No. 2 sent a registered A.D. letter on 28.10.1992 to complainant No. 1 alongwith draft of Rs. 26,000/- dated 21.10.1992. This draft was to be paid in Ghaziabad. THE complainant No. 1 was informed of this draft, hence he contacted the Post Office at Ghaziabad. THE complainant No. 1 did not get the registered cover. When the complainant applied for duplicate draft to the State Bank of Jaipur and Bikaner, he was informed that the draft has been encashed on 13.11.1992. Thereafter the complainant No. 1 contacted the Bank at Ghaziabad and came to know that this draft has been encashed through Joint (B) Type Saving Account No. 1380442 which was opened on 9.11.1992 and was in the name of Dinesh Kumar Sharma and Sanjay Kumar. The address was given as 54, Gali Gurudwara Patel Marg, Ghaziabad. The complainant could not locate that house. The complainant also came to know that in that account a sum of Rs. 30,000/- is still lying in credit balance. An application has been given by the complainant to the Post Office for stop payment of this account.

The opposite party in its written version has alleged that the complainant cannot be given a sum of Rs. 26,000/- from Account No. 1380442. The report has already been lodged with the Police Station. The rest of the facts were admitted.

THE parties led evidence in support of their respective contentions before the learned District Forum, who after perusing the same, came to the conclusion that there was deficiency in service on behalf of the opposite party, hence it directed that a sum of Rs. 26,000/- shall be paid by the Post Office to the complainant alongwith 5% interest and Rs. 1,000/- as damages. Aggrieved against this order, the appellant has come in appeal and has challenged the correctness of the order passed by the learned District Consumer Forum.

NONE was present when the case was called inspite of the fact that the parties were informed on SPS of the date fixed. We have perused the file and papers on record. A perusal of the file will go to show that the complainant had sent a registered AD letter with a draft of Rs. 26,000/-. This draft was encashed in the Joint (B) Type Saving Account No. 1380442. In that account still a sum of Rs. 30,000/- was found in which the complainant got orders for stop payment. The learned District Forum has found the deficiency in service on behalf of the Post Office as the registered cover was not delivered to the concerned person and was delivered to some other person who got the draft encashed by opening a joint account. But as still a sum of Rs. 30,000/- were lying in credit balance in that account and the draft of the complainant was only to the tune of Rs. 26,000/-, therefore, the learned District Forum has rightly ordered for payment of Rs. 26,000/- to the complainant against the opposite party No. 2. The interest @ 5% has already been awarded which is the normal saving''s bank rate interest. The compensation of Rs. 1,000/- cannot be said to be on the higher side keeping in view the facts of the case. The appeal is, therefore, liable to be dismissed. ORDER The appeal is dismissed. The judgment and order of the learned District Forum are confirmed. Let copy of this order be made available to the parties as per rules. Appeal dismissed.