SUPERINTENDENT OF POST OFFICE vs Vinod Kumar Verma

THIS is an appeal against the judgment and order dated 31.1.2000 passed by District Consumer Forum, Pithoragarh in Complaint Case No. 68/1998.

THE facts of the case stated in brief are that the complainant on 6.11.1985 purchased two National Savings Certificates for amount of Rs. 1,000/- each. In these National Savings Certificates the name of Sri Shiv Swaroop Verma and Sons was written while the complainant is the only son of Sri Shiv Swaroop Verma and the complainant is entitled to get the proceeds of these NSCs. According to the complainant the term of these NSCs have expired and he requested the Deputy Post Master, Dharchula and Superintendent, Post Office, Pithoragarh but nothing has been done so far. THE complainant has prayed that the amount be returned with interest. The opposite party in its written version has alleged that these NSCs are not in the name of an individual person but has been prepared in the name of Shiv Swaroop Verma and Sons. When it was found that these NSCs are in the name of the firm, then the higher officials of the opposite parties were approached to regularise the same either by paying no interest or at the rate of 5% per annum. Now the permission has been obtained and the payment will be made.

The learned District Forum, after considering the case of the parties, found that there is deficiency on behalf of the Post Office. It directed for payment of Rs. 4,030/- as the amount of the NSCs along with 6% per annum interest from 6.11.1991 till the date of payment. If this amount is not paid within one month, then the amount shall be payable along with interest at the rate of 10% per annum.

AGGRIEVED against the order of the learned District Forum, the opposite parties have come in appeal and have challenged the correctness of the order passed by the District Forum. We have heard the learned Counsel for the appellant without issuing notice to the opposite party.

LEARNED Counsel for the appellant has argued that the NSCs have been issued in the name of Shiv Swaroop Verma and there is a provision in the guidelines issued by the Department and the Government order that the NSCs shall not be issued in the name of firm but shall be issued in the name of individuals. When the complainant applied for issue of certificate, it was the duty of the employees of the Post Office concerned that the NSCs are not issued in the name of the firm but are issued in the name of the individual. If the complainant has given an application for issue of NSCs in the name of the firm, then the same should have been rejected but this was not done by the employees of the appellant and in violation of the instructions, they issued the NSCs in the name of the firm. The department is guilty and the complainant should not be allowed to suffer because of this. The learned District Forum has taken a realistic view of the situation and has rightly decreed the claim of the complainant ignoring the objections of the department. It has clearly stated that mere was deficiency of service on behalf of the Postal Authorities. Thus in view of what has been said above, the judgment and order of the learned District Forum are correct and do not require any interference. ORDER The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. There will be no order as to the costs. Let compliance of the order be made within a period of two months from today. Let copy as per rules be made available to the parties. Appeal dismissed.