SUPERINTENDENT OF POST OFFICE vs Bahadur Singh

SUPERINTENDENT of Post Office, Railway Road, Kurukshetra has come in appeal, against the order dated 27th June, 1995, passed by District Consumer Forum, Kurukshetra, whereby the complaint of one Bahadur Singh, has been allowed and a sum of Rs. 763.80 has been awarded; being difference of the amount of interest paid less to the complainant, on maturity of the National Saving Certificates on 6th March 1989, for the sum of Rs. 6700/-, alongwith Rs. 1000/- as compensation. It was printed on the National Saving Certificates that on maturity, after six years, the amount of the certificates could be encashed for amount of Rs. 13,500.50 ps. However, when the complainant approached the appellant-postal authorities for encashment of certificates, after their maturity, the amount of Rs. 12,736-70ps was paid, to the complainant - after deducting Rs. 763.80 ps. Aggrieved, against the same, the complainant approached the District Consumer Forum, Kurukshetra.

IN their reply, the postal authorities admitted the factual position, but pleaded that by the Government of INdia notification number 364(E), dated 1.4.87, the rate of interest had been reduced, and on the basis thereof, the amount paid to the complainant was correct. Learned District Consumer Forum, rejecting the plea of the Union of India, allowed the complaint and awarded the sum of Rs. 763-80 ps alongwith Rs. 1000/- as compensation, with a further direction that the amount shall be recovered from the salary of the Superintendent, Post Office, Kurukshetra.

Against this order, in appeal before us, it was vehemently argued by the learned Counsel for the appellant that it was just due to inadvertence that the higher rate of interest had been indicated on the National Saving Certificates, even though by valid notification by competent authority, rate of interest stood reduced before the purchase of National Saving Certificates. Therefore, no legal right of the complainant had been violated, nor could this inadvertent act of the official of the postal authorities in issuing the NSC at the old rates, amounted to deficiency in service. In support of his contention the learned Counsel has placed reliance of judgment of Supreme Court of India in SLP (C) No. 38 of 1995, in the case of Postmaster Dargamitta HPO Nellore v. Ms. Raja Prameelamma, decided on 1st May 1995, which had recently been followed in the same and identical case by this Commission III (1995) CPJ 383; titled as Senior Postmaster, Faridabad v. Madan Lal Dhingra etc. decided on 4th September, 1995.

ON the other hand, learned Counsel for the respondent has argued that it was the duty of the concerned employee of the Post Office to inform the complainant at the time of purchase of the National Saving Certificates. Since, that was not done, the complainant should not suffer for the deficiency in service on the part of the postal authorities. After hearing the learned Counsel for the parties, we find merit in the contention raised by learned Counsel for the appellant and do not agree with the submission made by the learned Counsel for the respondent. Once, it is proved that under the law, the complainant was not entitled to claim the interest at the higher rates, the question of suffering any loss by any loss or remissness on the part of the postal authorities do not arise, as was held by Hon''ble Supreme Court that this inadvertence does not amount to deficiency in service. So far as the responsibility of the concerned official is concerned learned Counsel for the appellant placed on record an order dated 31st August 1995 passed by the Superintendent, Post Offices Kurukshetra, by which the concerned official has been administered a severe warning for the lack of devotion to duty.

CONSEQUENTLY, the appeal is allowed. Order of the District Consumer Forum, Kurukshetra is set aside and the complaint is dismissed. No order as to costs. Appeal allowed.