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2016 DIGILAW 226 (JHR)

SR. SUPERINTENDENT OF POST OFFICES SINGHBHUM DIVISION JAMSHEDPUR v. SURESH PRASAD

2016-01-29

SHREE CHANDRASHEKHAR

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ORDER : SHREE CHANDRASHEKHAR, J. On 18.07.2012, when it was pointed out that the learned counsel for the respondent has died, the Registry was directed to issue notice to the respondent. The office note dated 25.09.2014 indicates that signed acknowledgement card has been received. However, the respondent has not appeared in the present proceeding. On 06.01.2016, again noticing that the sole respondent inspite of service of notice, has not appeared, the matter was adjourned for 29.01.2016. Today also, nobody appears on behalf of the respondent. Since counter affidavit of the respondent is on record, I proceed to hear the matter on merits. 2. Aggrieved by order dated 05.09.2006 in PLA Case No.19 of 2005 whereby, Rs.35,000/ has been awarded as compensation to the applicant for his mental agony, the present writ petition has been filed. 3. Briefly stated, Complaint Case No.19 of 2005 was filed in the Court of Permanent Lok Adalat at Jamshedpur by the respondent claiming compensation of Rs.5,50,000/ for mental agony, physical discomfort and loss of reputation/business. The complainant asserted that he invested money in National Savings Certification (NSC) and Kisan Vikas Patra (KVP) on different dates in the post office. His brother-in-law namely, K.K. Sinha is a Civil Contractor, running his business in the name of M/s. Total Enterprises in which the complainant is a sleeping partner. For availing loan/advance from the Punjab National Bank for the business, the complainant intended to pledge NSC and KVP worth Rs.80,000/ and for that he made a request to the Sub Post Master, IFFCO Township post office, Bareily to transfer NSC and KVP to Jamshedpur. The complainant also made request in the prescribed form to the Sub Post Master, Sonari post office on 26.02.2005 for transfer of NSC and KVP, details of which were given in the complaint petition. Alleging inaction on the part of the opposite parties, it was pleaded that since the NSCs/KVPs were not transferred, the petitioner had to arrange Rs. 50,000/ from other sources for furnishing security to the Punjab National Bank, Adityapur for fulfilling requirement of the current account. In the above facts, the complaint case was filed on 06.09.2005. In the said proceeding, a written statement was filed on behalf of GM Post Master, Jamshedpur denying that a complaint was made by the complainant prior to 22.06.2005. 50,000/ from other sources for furnishing security to the Punjab National Bank, Adityapur for fulfilling requirement of the current account. In the above facts, the complaint case was filed on 06.09.2005. In the said proceeding, a written statement was filed on behalf of GM Post Master, Jamshedpur denying that a complaint was made by the complainant prior to 22.06.2005. It was asserted that the report sent by the SPM, IFFCO, Bareily Township was received on 30.10.2005 and the certificates were duly transferred to Sonari post office on 05.12.2005 in the name of the complainant. 4. Heard the learned counsel for the petitioner. 5. In PLA Case No.19 of 2005, the complainant gave his evidence narrating the steps taken by him for transfer of NSC and KVP. One Kaushalendra Kumar Sinha, brother-in-law of the complainant was also examined affirming that the complainant gave him a fixed deposit receipt for Rs.50,000/. However, except stating that the complainant has suffered mental agony, harassment and loss of reputation/business, no evidence was produced by the complainant in PLA Case No.19 of 2005. It is not in dispute that NSC certificates and KVP certificates were not matured by the time those certificates were transferred from the issuing branch. The plea taken by the complainant that due to no transfer of the certificates, he had to arrange Rs.50,000/ for furnishing security for enhancement of the loan is insignificant because it is not the case pleaded by the complainant that he had to take loan of Rs.50,000 on which he is paying interest. The Permanent Lok Adalat concluded by merely observing that due to negligence on the part of the opposite parties, the complainant has suffered mental agony. The NSC and KVP certificates remained the property of the complainant and merely because those certificates were not transferred from the issuing branch to the Sonari branch at Jamshedpur for about 8 months, award of compensation of Rs.35,000/ cannot be justified. I am of the opinion that the Permanent Lok Adalat committed serious error in law in awarding compensation of Rs.35,000/ to the complainant. 6. Considering the aforesaid facts, impugned order dated 05.09.2006 in PLA Case No.19 of 2005 is set-aside. The writ petition is allowed. The petitioner shall be entitled to withdraw the amount of compensation deposited by it.