JUDGEMENT

          Complainant Calcutta Arora Samaj by filing this complaint against the Chief Post Master General and also Post Master, Beadon Street Post Office, Kolkata – 700006, P.S.- Girish Park has prayed for releasing the maturity amount value of 6 NSCs of Rs.10,000/- each (Total Rs.60,000/-) having maturity value of Rs.1,20,900/- against -

Certificate no. & date                      Amount(Rs)   Maturity value   Dt. of Maturity

1.   05EEJ4200, Dt. 26.3.97        10,000/-          20,150/-            26.03.2003

2.   03EE440001,Dt.26.03.97     10,000/-          20,150/-            26.03.2003

3.   05EEJ41999,Dt.26.03.97     10,000/-          20,150/-            26.03.2003

4.   05EEJ998, Dt.26.03.97       10,000/-         20,150/-        26.03.2003

5.   05EEJ41997,Dt.26.03.97    10,000/-         20,150/-        26.03.2003

6.   05EEJ41996,Dt.26.03.97    10,000/-         20,150/-        26.03.2003

On the ground that Postal Authority refused to release the maturity amount with interest on the pretext that NSCs cannot be purchased by any societies as per Postal Rules and against that assertion of the op, complainant filed an application stating that the NSC was issued by the Postal Authority knowing fully well of the status of the complainant and in the NSC was purchased in the name of Calcutta Arora Samaj.  But anyhow op declines to give the interest of the said maturity amount of the said NSCs.  But they are willing only to release the deposited amount of Rs.60,000/- vide said 6 NSCs which is completely negligent and deficient manner of service and for which the complaint is filed.

          Whereas the ops by filing written version has submitted that no doubt the certificates were matured on 26.03.2003 and complainant requested to arrange for payment on 17.04.2003 which was received by the op no.2 on 02.05.2003 and on 06.05.2003 op no.2 sent to Sub-Post Master, Raja Ram Mohan Sarani Post Office, Kolkata-9 for incumbency of the organization Calcutta Arora Samaj is under registration of Societies Act, 1860 and so complainant being a registered society and believed to be well versed with the orders and decisions issued by the Government of India from time to time applied in contravention of Rule 4 of NSC and subsequently the matter was considered by the op/Postal Authority and it was reported and informed to Calcutta Arora Samaj on 14.02.2007 by Sr. Superintendent of Post Offices, North Kolkata Division, Kolkata -700037 that as per instruction of MOF letter No.F3/2/2007-NS-II dated 04.06.2007 that complainant invested amount, but no interest can be granted as because as he purchased it in contravention of Rule 4 of NSC and for which the op is not legal.  But op is willing to return the deposited amount only but not interest can be granted and prayed for dismissal of the suit.

                                   Decision with reasons

          But accordingly consideration of the complaint and the written version of the op and also considering the bone of contention of the complainant including the present dispute and further considering the argument of the Ld. Lawyer for the purpose we have gathered that it is undisputed fact that Beadon Street Post Office sold 6 NSCs of Rs.10,000/- each turn of which has been described above on 26.03.1997 and date of maturity was 26.03.2003 in respect of all the 6 NSCs and in respect of each NSC maturity amount was Rs.20,150/- as on 26.03.2003.  Then it is clear that Postal Authority knowing fully well about the status of Calcutta Arora Samaj and sold the same said 6 NSCs to the complainant knowing fully well that Calcutta Arora Samaj is entitled to get back the maturity amount of Rs.20,150/- in respect of each NSC and there was no fault on the part of the complainant in purchasing the same because in the said NSC, there is no such instruction or there is no such regulation that registered society is not entitled to purchase any NSC and at the same time the Postal Authority ought to have take such step not to sale NSC to the present complainant when Postal Authority was aware of the fact that the registered society was not entitled to purchase NSC and when Postal Authority has sold it to the complainant knowing fully well that Calcutta Arora Samaj was a registered society, then it was not the fault of the complainant.  But truth is that Postal Authority knowing fully well, sold it and then it is the responsibility of the op to handover the matured amount on the date of maturity on 26.03.2003.  But that was not done by the op and for which no doubt it is an illegal act on the part of the op/Postal Authority and Postal Authority again avoided payment of maturity amount with interest upto date on the ground they sold it knowing fully well about the hidden rules because in the NSC service, there is no such note.

          Fact remains that the Ld. Lawyer for the op submitted as per Postal Rule no interest can be granted in respect of the present disputed NSCs because complainant is a registered society and for which Postal Authority has no negligency or deficiency in service.

          We have minutely considered the argument of the Ld. Lawyer for the op and also the fact of the Postal Authority that at the time of sale of NSC in favour of the complainant, they did not apply their said Rule and fact remains that complainant had no fault because complainant deposited the amount for purchasing the NSCs by filing application and at the very moment the post office ought not to sale the same informing the reason that Registered Society is not entitled to purchase any NSC.  But that was not done by the Postal Authority.  Then it is clear that when the op a Government Institution sold away the same to the complainant, then as per –terms-- of the Government of India to pay to Calcutta Arora Samaj a sum of Rs.20,150/- as maturity amount on 26.03.2003 as noted in the said certificate, then as per said ---terms—the op is bound to pay the maturity amount and also the interest over the said amount till the paid of final payment of the same to the complainant in all respect and if any hidden rule is noted of Postal Authority that will not anyway create any barrier of payment of the same when it is a –terms—of Government of India as noted in the NSC and it was signed by the Post Master of Beadon Street.

          If any error has been done that has been done by the Postal Authority and for which the complainant cannot be penalized.

          Considering the entire dispute and the contention of the op including the allegation of the complainant and the vital admission of the op, we are confirmed that the defence of the op is so poor that they should be penalised for that.  In the light of the above observation we are of view that ops acted illegally, negligently and their service is deficient in manner and by not releasing the maturity amount on the fixed date i.e. 26.03.2003.  The op in fact adopted an unfair trade practice for that reason they should be penalized also and in the circumstances they are bound to pay the entire maturity amount on immediate effect.

          Further interest over the said amount till payment and the full amount to the present complainant and further for harassing to the complainant by the op, the complainant is entitled to further compensation from the Postal Authority the present op.  Accordingly the complaint bears no merit in the eye of law.

          Thus the complaint succeeds.

          Hence, it is

                                             ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against ops.

          Ops are directed to pay a sum of Rs.1,20,900/- as maturity amount as on 26.03.2003 in respect of the aforesaid 6 NSCs and also interest @ 8% p.a over the said amount till full payment of the said amount imposed interest to the complainant.

          For adopting an unfair trade practice, ops are directed to pay a punitive damages to the extent of Rs.20,000/- to the State Consumer Welfare Fund of this Forum.

          Further for harassing the complainant in such a fashion since 2003 the complainant is entitled to get a sum of Rs.20,000/- as compensation from the ops and ops are bound to pay the same to the complainant.

          Ops are directed to comply the order and to satisfy the decree within one month from the date of this order failing which for each day’s delay @ Rs.250/- per day shall be assessed as penal interest over the said amount and said amount shall be deposited to the State Consumer Welfare Fund if it is collected the same shall be deposited and if it is found that op are reluctant to comply the Forum’s order then repeatedly disobeayance the order of this Forum in that case prosecution shall be started against them as per provision of Section-27 of C.P. Act 1986 for which ops shall be liable.