State Consumer Disputes Redressal Commission
Superintendent Of Post Offices, ... vs Smt. Ram Dulari Devi on 27 November, 2008
FA 380 of 2006 JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RANCHI First Appeal no.548 of 2007 Against judgment dated 22.12.2006, passed by District Consumer Disputes Redressal Forum, Chatra, in Consumer Complaint no.18 of 2006. Superintendent of Post Offices, Hazaribagh and others - Appellants Vs. Smt. Ram Dulari Devi - Respondent For Appellants : Mr. C.K.Jha, Advocate. For Respondent : Mr.S.K.Sharma, Advocate. Before: Justice Gurusharan Sharma-President Mrs. Kalyani Kar Roy-Member And Mr. Satyendra Kumar Gupta-Member JUDGEMENT
Kalyani Kar Roy: Unsuccessful opposite parties- Superintendent of Post Offices, Hazaribagh and others are the appellants before us and have challenged the judgment dated 22.12.2006, passed by District Consumer Disputes Redressal Forum, Chatra, in Consumer Complaint no.18 of 2006, whereby they were directed to pay to the sole respondent Rs.40,000/- as maturity value of Kisan Vikas Patra (K.V.P.) alongwith interest @ 12% per annum from the date of maturity i.e. 07.4.2003 till its payment, together with Rs.2,000/- as compensation for harassment and Rs.3,000/- as litigation cost within two months from the date of the judgment.
2. The facts of the case in brief are that the complainant-respondent had purchased two Kisan Vikas Patra (K.V.P.) bearing serial nos.588, certificate no.43CC 082503 and 43CC 0825028 on 08.10.1997, for an amount of Rs.10,000/- each, i.e. total amount being Rs.20,000/- from the Barkagaon Post Office, P.S.Barkagaon, District Hazaribagh. On 12.2.2003 a dacoity was committed in the house of the complainant, in which the aforesaid two K.V.Ps. together with other household goods were stolen away for which Tandwa P.S. Case no.10/2003 was registered and also an application was submitted to the O.Ps. for issuance of duplicate of looted K.V.Ps. But no action was taken by the opposite parties for a long time. After running pillar to post, ultimately the O.Ps. asked the complainant to submit her application with necessary information in the format of Postal Departments NC-29 alongwith Indemnity Bond, certificate granted by the officer-in-charge, Tandwa Police Station and a copy of F.I.R. All these relevant documents were submitted by the claimant through letter dated 24.10.2005, but still no duplicate K.V.Ps. were issued. On repeated approach of the claimant ultimately the O.Ps. issuedletter dated 21.2.2006 to the S.D.I.(P), Chatra for verification of the aforesaid requisites submitted by the complainant with the copy of the complaint also. Thereafter the O.Ps. again sat over the matter. The claimant sent a notice through her lawyer on 23.06.2006 and when that effort also failed, the complainant ultimately filed the aforesaid complaint claiming the maturity amount of her two K.V.Ps. i.e. Rs.40,000/- together with Rs.500/- per day from the date of maturity of the K.V.Ps. till date of payment and also Rs.2,500/- towards litigation cost and other expenses.
3. We have heard the submissions made on behalf of both the parties and perused the detailed impugned order passed by the District Consumer Forum, Chatra. The main contention of the Counsel for the appellant was that, for the first time the respondent submitted the application for issuance of the duplicate K.V.Ps. on 24.10.2005 informing loss of the same due to dacoity in their home and the said letter was received by them on 26.10.2005. After scrutiny of papers it was found that the Bond papers were incomplete and as such the same was returned to the respondent vide registered post dated 30.12.2006. The Counsel thereafter narrated in details that as per Rule 44 part III of Post Offices Savings Scheme, it is obligatory to verify the genuineness of surety/holder before issuing a duplicate certificate. As such the appellant sent the papers to S.D.I.(P), Chatra on 21.2.2006 for verification and the Sub Divisional Inspector (P), Chatra though had visited the house of the respondent for verification, but the respondent refused to cooperate with S.D.I.(P), Chatra, resultantly they sent a letter dated 16.9.2006, but with no effect. Hence the appellants were not negligent/deficient in service, whereas due to lapses on the part of the respondent the procedure of issuing the duplicate of the K.V.Ps. was delayed.
4. Admittedly those two K.V.Ps. of the respondent were lost/looted away on 12.2.2003 and the respondent ultimately submitted her application in the Format NC-29 alongwith all required papers on 24.10.2005, which was received by the appellant on 26.10.2005. But unfortunately thereafter the appellant failed to issue the duplicate K.V.Ps. within 15 days, the prescribed time under the Postal Rules, covered under the D.G. Posts letter no.77-2/83-SB dated 26.8.1984 and the respondent-complainant was forced to file the complaint on 01.8.2006 for redressal of her grievance. It is also evident from running page 6 para 8 of the impugned judgment that letter dated 16.9.2006 issued by the appellant was sent subsequent to filing of complaint, which clearly proves that the appellant slept over the matter and negligence as well as deficiency in service on their part stood proved. The observation/finding recorded on this respect by the District Consumer Forum, Chatra are accordingly based on correct appreciation of the materials on record.
5. Taking all those above mentioned aspects into consideration, we are of the view that the respondent is entitled to get the maturity value of the two Kisan Vikas Patras (K.V.Ps.) of Rs.40,000/- together with interest @ 4% from 15.11.2005 i.e. after completion of fifteen days period from 26.10.2005, when the application for issuance of Duplicate copies of K.V.Ps. were admittedly received in the concerned Post Office, till date of payment alongwith Rs.2,000/- as cost of litigation.
6. Accordingly the appeal is disposed of with above modification in the impugned judgment. No costs.
The 27th November, 2008.
Ranchi.
Member Member President