Post Master, Head Post Office, Pauri v. Bharat Singh Rawat
2004-05-21
K.D.SHAHI, SURENDRA KUMAR
body2004
DigiLaw.ai
JUDGMENT 1. This is an appeal against the order dated 27.7.1994 passed by the District Forum Pauri whereby the appellant was directed to pay the maturity value of the NSC. 2. The brief facts of the case are that the complainant purchased NSC on 2.5.1998 for a sum of Rs. 5,000/- (Rupees Five Thousand). He was assured and this was also shown at the NSC that he shall be paid Rs. 10,075/- (Rupees Ten Thousand Seventy Five) on the date of maturity. On the date of maturity, when he presented it for encashment, he was said that he shall be paid only Rs. 9,505/- (Rupees Nine Thousand Five Hundred Five) Then the complainant filed a complaint before the learned Forum that he had to suffer Rs. 570/- (Rupees Five Hundred Seventy). 3. It is admitted fact that Rs. 9,505/- (Rupees Nine Thousand Five Hundred Five) have been paid to the complainant after the order of the Learned Forum but this amount of Rs. 570/- (Rupees Five Hundred Seventy) has not been paid. 4. The only justification of the appellant was that according to the direction of the Reserve Bank of India, the rate of interest has been curtailed and therefore the complainant was given interest at the curtailed rate. We were shown the notification dated 1st April 1987. 5. It is to be remembered that NSC is a contract between the parties. This contract has been entered into by the parties after this notification. The appellant department is a very huge department having knowledge of all the Govt. notifications and circularise and if in the teeth of this notification, the NSC was issued, then the post office department should fulfill its commitment of the contract. The decision would have been different had the notification been issued subsequently. 6. It was argued that NSC was issued by the mistake of he employees of the post office department. If it is so, the employee who have committed this mistake should suffer but there is no justification that contracted amount is not paid to the complainant. 7. We do not find any force in this appeal and the appeal is liable to be dismissed. ORDER The appeal is hereby dismissed. The amount already paid shall be adjusted in the decretal amount along with proportion reducation in interest. Cost of this appeal shall be easy.