NCDRC

NCDRC

RP/2098/2010

UNION OF INDIA & ORS. - Complainant(s)

Versus

BIJAY SINGH SANDHU - Opp.Party(s)

MR. NAMIT KUMAR

06 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2098 OF 2010
(Against the Order dated 14/01/2010 in Appeal No. 1313/2008 of the State Commission Haryana)
1. UNION OF INDIA & ORS.Through the Secretary, Ministry of Communication, Department of PostsNew DelhiDelhi2. DIRECTOR GENERAL POSTS AND TELEGRAPHSNew DelhiDelhi3. SENIOR SUPDT. OF POST OFFICESKarnal DivisionKarnalHaryana4. POSTMASTERSub Post Office, Palika BazarJindHaryana ...........Petitioner(s)
Versus
1. BIJAY SINGH SANDHUR/o. House No. 242/5, Gandhi NagarJindHaryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENT
For the Petitioner :MR. NAMIT KUMAR
For the Respondent :NEMO

Dated : 06 Aug 2010
ORDER

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Respondent/Complainant deposited Rs.6 Lacs in the Monthly Income Scheme (MIS) under which an individual could deposit              Rs.3 Lacs only.  Complainant and his wife took a joint Account and he deposited Rs.6 Lacs in the MIS scheme.  The wife died on 29.7.2004.  The Complainant informed the petitioner about the death of his wife upon which name of Rajesh, son of the Complainant, was substituted in place of his wife and the status of the above said


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account of the Complainant remained same.  The Complainant was receiving monthly income of Rs. 4500/- on account of interest on the deposited amount.  In the month of October, 2006 the petitioner stopped the monthly interest.  Petitioner sent a letter dated 06.02.2007 asking the complainant/respondent to withdraw Rs. 3 lacs towards the share of his wife from the account after deducting an amount of Rs. 60,750/- on account of interest paid to him on that amount from August 2004 to Oct. 2006.  The petitioner, thereafter, issued a cheque of Rs.2,39,250/- which was received by the complainant on 09.04.2007 under protest.  Aggrieved by the action of the petitioner, Complainant filed a Complaint before the District Forum.

          The District Forum vide its order dated 28.04.2008 allowed the Complaint and directed the petitioner to pay the sum of Rs. 60,750/- which was deducted towards interest along-with Rs.11,250/- towards interest for 5 months from Nov. 2006 to March 2007 and bonus              @ 10% in accordance with MIS scheme.

          Petitioner preferred an appeal before the State Commission which has been disposed of by the impugned order.  The appeal was

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disposed of by relying upon an earlier decision of the State Commission  in “Secretary Posts, Department of Posts & Others vs. Basant Lal, FA No.491/2008” decided on 05.3.2009 wherein similar controversy was decided between the parties.  The facts of the case were similar.  Accordingly, the petitioner was directed to pay interest @ 10% on the sum of Rs.3 Lacs for the disputed period i.e. till the amount refunded to the complainant.

          Counsel for the petitioner has brought to our notice that Secretary Posts, Department of Posts of India, Parliament Street, New Delhi filed revision petition no.3061/2009 against the order passed in Basant Lal’s case (supra).  This Commission disposed of the Revision Petition with modification that the rate of interest was reduced to 10% to 6%. 

We dispose of this Revision Petition in terms of the order passed by this Commission in Revision Petition No.3061/2009 dated 17.11.2009 without issuing any notice to the respondent to avoid litigation and other allied expenses.  In case the respondent is aggrieved by this order, then he is put at liberty to move an application for recall of this order.

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          Copy of this order be sent to the respondent.

          Dasti.



......................JASHOK BHANPRESIDENT