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Uttarakhand High Court · body

2003 DIGILAW 264 (UTT)

Sppt. Post Office v. Jairaj Singh Rawat

2003-11-14

K.D.SHAHI, LUXMI SINGH, SURINDER KUMAR

body2003
JUDGMENT This is an appeal against the judgment and order dated 3.4.1995 by which the appellant was directed to pay a sum of Rs. 2,850/- alongwith interest' to the complainant. 2. The complainant has purchased National Saving Certificates for a sum of Rs. 25,000/-. Its maturity value was Rs. 50,375/-. The complainant was paid only Rs. 47,325/-. It means that Rs.2,850/- was not paid. According to the Learned Forum this was deficiency in service of the Post Office Department. 3. According to the appellant due to subsequent rules and regulations rate of interest was reduced by the Reserve Bank of India. So Rs. 2,850/- was not paid to the complainant. 4. Notice was sent to the complainant as well but he did not prefer to contest. We have heard the Learned Counsel for the appellant and gone through the records. The copy of the rules have been produced before us. The rules of the Govt. are binding on all the parties, nobody can make payment against the rules. There was no deficiency in service of the appellant. A major amount has already been paid to the complainant. There was no question of payment of Rs. 2,850/- to the complainant in view of the reduction in the rate of interest by the Central Government. The appeal deserves to be allowed. ORDER The appeal is hereby allowed. The judgment and order dated 3.4.1995 is hereby set aside. The complaint is also dismissed. Cost of the appeal shall be easy.