Unit Trust of India vs SEEMA SINGH

THIS appeal has been filed against the judgment and order dated 9.4.1998 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 708/1998.

THE facts of the case stated in brief are that the complainant filed this complaint against Unit Trust of India as he purchased units worth Rs. 1,000/- in GIMS Scheme of 1992. THE payment was to be made on 1.11.1997, but on 21.11.1997 the complainant wrote to Unit Trust of India that the amount be sent by registered post through cheque. THE complainant was informed by Unit Trust of India that two cheques of Rs. 10,000/- each and one cheque of Rs. 1,200/- were sent by registered post. It was also informed that all these cheques were encashed. Opposite party did not appear before the learned District Forum inspite of having received the notice on 28.9.1998. A letter dated 12.2.1999 was sent by Unit Trust of India to the complainant intimating her that it is prepared to pay the amount.

On the basis of these facts the learned District Forum allowed the payment and directed that payment of Rs. 21,200/- be made within a period of six weeks. Interest at the rate of 18% per annum was also allowed from 1.12.1997 alongwith cost of Rs. 500/- and another sum of Rs. 500/- towards compensation. In default, interest was allowed at the rate of 24% per annum.

AGGRIEVED against this order of the learned District Forum, Unit Trust of India has come in appeal and has challenged the correctness of the order. We have heard the learned Counsel for the parties.

LEARNED Counsel for the appellant has argued that the appellant is prepared to pay the amount. LEARNED Counsel for the opposite party has argued that Unit Trust of India has sent a letter to the complainant of its willingness to pay the amount. Keeping in view these facts, it is clear that the money which was sent by registered post is to be paid by the Unit Trust of India to the complainant. It has been argued by the learned Counsel for the appellant that appellant is not liable to pay interest on the amount. Learned Counsel for the complainant has argued that there is no fault of the complainant. Hence the interest should be paid by the Unit Trust of India. It has been ordered by the learned District Forum that the amount should be paid to the complainant. It was the duty of the Unit Trust of India to have paid the amount to the complainant. We find that the complainant belongs to the city of Lucknow. The Unit Trust of India could have got the cheque delivered at Lucknow when the complainant resides there, where the office of Unit Trust of India is situated, but Unit Trust of India choose to send the cheque by registered post. The post office is the agent of the sender and not of the addressee. Unless a letter is received or proved to have been delivered to a person it cannot be said that the sender is absolved of its liability merely by posting a letter under registered cover. Therefore, the complainant is entitled to get interest also as awarded by the learned District Forum at the rate of 18% per annum. This plea is rejected. Thus in view of the above facts, the judgment and order of the learned District Forum are to be confirmed except that the interest at the rate of 2% per month. However, the interest at the rate of 18% per annum shall be payable as ordered by the learned District Forum. The penal interest cannot be allowed in the circumstances of the case and the interest already allowed at the rate of 18% per annum shall be payable by the appellant from 1.11.1997 till the date of payment. Order The appeal is dismissed and the judgment and order of the learned District Forum are confirmed except that the interest payable would be at the rate of 18% per annum. The rate of interest awarded at the rate of 24% per annum in case of default is reduced to 18% per annum. Let the compliance of this order be made within two months from the date of this order. Let copy of this order be made available to the parties as per rules. Appeal dismissed.