SENIOR SUPERINTENDENT OF POST OFFICE v. CHAUDHARY RAM NAGPAL
2008-06-23
C.C.PANT, IRSHAD HUSSAIN
body2008
DigiLaw.ai
ORDER (Per : Justice Irshad Hussain, President) This is postal department’s appeal against the order dated 27.09.2005 passed by the District Forum, Udham Singh Nagar, partly allowing the consumer complaint No. 15 of 2005 with cost of Rs. 1,000/- and directing the appellants to pay sum of Rs. 16,000/- as compensation within the stipulated period, failing which, the said amount of compensation was directed to carry interest @ 8% p.a. 2. We have heard the learned counsel for the appellants and have carefully perused the written arguments filed by the complainant – respondent. It is not in dispute that on account of default of the postal department, the National Saving Certificates worth Rs. 8,000/- purchased by the complainant, were encashed surreptitiously by unauthorized transferees on the basis of their verification by the postal department’s authorized agent Smt. Meera Khandelwal and matured sum of Rs. 16,000/- was ultimately realized by the postal department from the said agent. The amount was later on paid to the complainant on 25.02.2005 after completion of inquiry and required formalities. National Saving Certificates purchased by the complainant were matured in the month of December, 1993, but the complainant failed to make claim under these NSC’s, which have gone missing from his custody till as late as the year 1996-97. Considering the negligence on the part of the complainant, District Forum observed that the complainant could only be held entitled to damages for deficiency in service by the postal department on account of their default only for the benefit, which may have accrued on the said sum of Rs. 16,000/-, during the period from the year 1997-98 till 25.02.2005, the date of payment of the matured sum of the NSC’s to the complainant. District Forum also observed that since the complainant was deprived of said sum of Rs. 16,000/- and its beneficial use for about 7-8 years and during which period, the amount per Post Office Deposit Rules, would have normally become double, the complainant was entitled to be paid damages amounting to Rs. 16,000/-. This way, against the total claim of Rs. 89,000/- raised by the complainant, the District Forum awarded damages of Rs. 16,000/- by the impugned order, as stated above. 3.
16,000/-. This way, against the total claim of Rs. 89,000/- raised by the complainant, the District Forum awarded damages of Rs. 16,000/- by the impugned order, as stated above. 3. Considering the above admitted facts of the case and the reasonable view of the District Forum, assessing the damages payable to the complainant, we are not inclined to accept the submission of the learned counsel for the appellants that the NSC’s were encashed by unauthorized persons due to the negligence on the part of the complainant and, therefore, the complainant could not have been held entitled to the said damages on the ground of default on the part of the postal department. We also cannot lose sight of the fact that the postal department made deficiency in service in not properly verifying the credentials of the alleged transferees of the NSC’s and blindly acted upon the attestation of its agent, who appeared to have acted in collusion with the alleged transferees of the NSC’s to usurp the matured sum of the NSC’s fraudulently and illegally. 4. For the reasons aforesaid, there being no merit in this appeal, the same is liable to be dismissed. 5. Appeal is dismissed. No order as to cost.