State Consumer Disputes Redressal Commission
Department Of Posts, India vs Sh. Pankaj Agarwal on 7 September, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND
DEHRADUN
FIRST APPEAL NO. 103 / 2009
1. Department of Posts, India
Dehradun Division through
Senior Superintendent of Post Offices
2. Sub Postmaster, Rispana Post Office
Dehradun
3. Union of India
through Chief Postmaster General
Uttarakhand, Dehradun
......Appellants / Opposite Parties
Versus
Sh. Pankaj Agarwal S/o Sh. Mahabir Prasad
R/o 34/11-C, Gambhir Marg
Arya Nagar, Jwalapur
Haridwar
......Respondent / Complainant
Sh. Ashok Dimri, Learned Counsel for the Appellants
Sh. J.P. Kansal, Learned Counsel for Respondent
Coram: Hon'ble Justice Irshad Hussain, President
C.C. Pant, Member
Smt. Kusum Lata Sharma, Member
Dated: 07/09/2010
ORDER
(Per: Justice Irshad Hussain, President) (Oral):
Postal Department questioned the legality and propriety of the order impugned dated 21.11.2008 passed by the District Forum, Dehradun in consumer complaint No. 65 of 2008, whereby the complainant has been held entitled to sum of Rs. 10,000/- with interest @8% p.a., for and in connection with the two Kisan Vikas Patras of Rs. 5,000/- each purchased by him and which incidentally have lost. The complainant was not then allowed further relief in 2 regard to other Kisan Vikas Patras, amount of which had been realised by his wife Smt. Rekha Agarwal.
2. The delay in filing the appeal is condoned and the same is admitted for decision on merit.
3. We have heard the learned counsel for the parties and considered their submissions in the light of the facts, circumstances and legal aspects of the case. The order impugned was challenged by the complainant vide First Appeal No. 270 of 2008 and in which the postal department was made the respondents. The order under challenge was the same dated 21.11.2008 and the appeal had been disposed of on merit by order dated 08.05.2009, which has become final in view of the provision of Section 24 of the Consumer Protection Act, 1986, for the reason that the postal department has not preferred any revision petition against the order dated 08.05.2009 before the Hon'ble National Commission. In view of that matter, the postal department was legally barred from challenging the propriety and legality of the order impugned dated 21.11.2008. Even otherwise, the State Commission is not empowered under the provisions of the Consumer Protection Act, 1986 to review its order and on that account also, the appeal filed by the postal department is not legally maintainable. However, considering the facts of the case, the learned counsel for the complainant volunteers that on behalf of the complainant, an indemnity bond shall be filed with the postal department before receiving the maturity amount of the two Kisan Vikas Patras (Rs. 20,000/-) with interest @8% p.a., as awarded by the District Forum vide order dated 21.11.2008. With the above observations, the appeal is disposed of. No order as to costs.
(SMT. KUSUM LATA SHARMA) (C.C. PANT) (JUSTICE IRSHAD HUSSAIN) K