State Consumer Disputes Redressal Commission
Post Office vs Smt.Lalita Agarwal on 5 January, 2016
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND
DEHRADUN
FIRST APPEAL NO. 13 / 2007
1. Senior Superintendent of Post Offices
Dehradun Division, Dehradun
2. Sub-Postmaster, Post Office Laksar
Post and Tehsil Laksar
District Haridwar
......Appellants
Versus
Smt. Lalita Aggarwal W/o late Sh. Pramod Kumar Aggarwal
Presently Manager, Shishu Shiksha Sadan Junior High School
Laksar, Post and Tehsil Laksar
District Haridwar
......Respondent
Sh. Ashok Dimri, A.D.G.C. (Civil), Dehradun, Learned Counsel for the
Appellants
Sh. Lalit Kumar Upadhyay, Learned Counsel for Respondent
Coram: Hon'ble Mr. Justice B.S. Verma, President
Mr. D.K. Tyagi, H.J.S., Member
Mrs. Veena Sharma, Member
Dated: 05/01/2016
ORDER
(Per: Justice B.S. Verma, President):
This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 13.12.2006 passed by the District Forum, Haridwar in consumer complaint No. 282 of 2006.
2. Briefly stated the facts giving rise to the appeal are that the complainant - Smt. Lalita Aggarwal filed a consumer complaint before the District Forum, Haridwar against the postal department, alleging therein that on 28.11.1997, she had purchased 6-Year National Savings Certificate No. J.O.E.E.842051 for Rs. 10,000/-; National Savings Certificate No. 24C.C.284070 for Rs. 1,000/- and 2 National Savings Certificate No. 24C.C.284071 for Rs. 1,000/-, total Rs. 12,000/-. The said National Savings Certificates were purchased by the complainant in the capacity of Manager, Shishu Shiksha Sadan Junior High School, Laksar, which institution was established by her deceased husband during his lifetime. The said National Savings Certificates were pledged with the Basic Shiksha Adhikari, Haridwar. After the maturity period of the National Savings Certificates, when the respondent - complainant applied for payment of the amount, she was intimated by the postal department that she has to submit No Objection from the Basic Shiksha Adhikari, Haridwar, with whom the National Savings Certificates were pledged. By letter dated 20.01.2004, the Basic Shiksha Adhikari, Haridwar informed the Sub-Postmaster, Laksar for making the payment of the NSC's, but the payment was not made. Therefore, consumer complaint was filed and prayer was made for directing the postal department to pay sum of Rs. 50,000/- towards compensation for mental agony and also to pay the maturity amount of the NSC's amounting to Rs. 24,180/- together with interest @12% p.a. and litigation expenses of Rs. 3,000/-.
3. The consumer complaint was contested by the postal department by filing written statement, wherein the issuance of NSC's was admitted. In para 2 of the written statement, it was alleged that it appears that the NSC's were obtained by force. It was also stated that as per the Rules, the certificates will be issued to the individuals, HUF and Trust only. The individual will include (a) single adult (b) two adults in joint names (c) an adult whether parent / guardian or not, on behalf of a minor and (d) to a minor directly. The Sub-Postmaster, who had issued the certificates, had died and the consumer complaint is not maintainable.
4. Both the parties led their evidence before the District Forum by way of affidavit and other relevant documents. The District Forum 3 after hearing the parties and perusal of the record, allowed the consumer complaint vide impugned order dated 13.12.2006 and directed the postal department to pay Rs. 24,180/-, the maturity amount of the NSC's to the complainant together with interest @9% p.a. w.e.f. 28.11.2003 till payment and Rs. 1,000/- towards litigation expenses.
5. We have heard the learned counsel for the parties and perused the record. Learned counsel for the appellants contended that vide D.G. Posts letter No. 61-11/95-SB dated 09.03.1995, it was decided to discontinue the issuance of National Savings Certificates to the institutions w.e.f. 01.04.1995 and it was also decided that these certificates will be issued only to the individuals and trusts w.e.f. 01.04.1995. Learned counsel also submitted that since the National Savings Certificates were wrongly issued in the name of the institution and hence the complainant be directed to submit the certificates with the post office for their regularization. Learned counsel for respondent has contended that it was wrongly alleged by the postal department in the written statement that the NSC's in question were obtained by force. The NSC's were issued by the then Sub-Postmaster and were handed over to the complainant. It was the duty of the official concerned to observe the relevant Rule in respect of issuance of NSC's, therefore, the complainant is entitled to the amount.
6. We have perused the pleadings of the parties and the order impugned passed by the District Forum as well as the papers filed by the appellants along with the appeal. The only dispute before us is whether the complainant is entitled to the amount of the NSC's along with interest or not. In para 2 of the written statement, it was pleaded that the NSC's were obtained by force, but no evidence was led by the postal department to this effect. While issuing the NSC's, it was the 4 duty of the official concerned of the postal department to see whether the NSC's have been issued in accordance with the relevant Rules or not. For the wrong done by an official of the postal department, the complainant can not be made to suffer. There is also no evidence on record to show that during the intervening period of six years, i.e., the date of issuance of the NSC's and the date of maturity of the NSC's, any objection was raised and any action was taken against the official who had issued the NSC's. There is also nothing on record to show that during the said period any letter was issued to the complainant bringing to her notice that the NSC's have wrongly been issued by the concerned Sub-Postmaster in the name of the institution and the complainant was ever called upon to submit the NSC's with the postal department for regularization of the same. As is stated above, if there has been any inaction or mistake on the part of the official concerned of the postal department in issuance of the NSC's in question, the complainant can not be allowed to suffer loss for the same. This apart, in the procedure provided for regularization of irregular issue of certificates, it has been provided that the action against the responsible officials for irregular issue of certificates should be initiated immediately on noticing the irregularity. There is nothing on record to suggest what action has been taken against the erring official and whether any penalty has been imposed upon him or not. Therefore, we are of the view that the District Forum has rightly allowed the consumer complaint. We find no infirmity or illegality in the impugned order passed by the District Forum. The appeal fails and is liable to be dismissed.
7. Appeal is dismissed. No order as to costs.
(MRS. VEENA SHARMA) (D.K. TYAGI) (JUSTICE B.S. VERMA) K