Kerala

StateCommission

A/09/564

Branch Postmaster - Complainant(s)

Versus

Gomathy J.Kumar - Opp.Party(s)

18 Mar 2010

ORDER

First Appeal No. A/09/564
(Arisen out of Order Dated 11/08/2009 in Case No. CC 61/09 of District Kasaragod)
1. Branch PostmasterKerala ...........Appellant(s)

Versus
1. Gomathy J.KumarKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
             VAZHUTHACAUD THIRUVANANTHAPURAM                                                                                               
  APPEAL NO.564/09
                              JUDGMENT DATED 22.5.2010
 
 
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU                   -- PRESIDENT
 
1. Branch Postmaster,
    Edanad BO, Kumbla, Kasaragod.
2. Postmaster,                                                       -- APPELLANTS
    Kumbala PO, Kasaragod.
       (By  R.P.Sandeep)
 
             Vs.
Mrs.Gomathy.J.Kumar,
Mullakal, Wd.VII/109-A                                         -- RESPONDENT
Narayana Mangalam,
Kumbla, Kasaragod.
 
                                     
JUDGMENT
         
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
 
          The appellant is the opposite party/postal authorities in CC.61/09 in the file of CDRF, Kasaragod. The appellants are under orders to pay interest at the rate of 8% for the term deposit and also to pay Rs.5000/- as compensation and Rs.1000/-towards costs.
          2. It is the case of the complainant that she is entitled for interest at 8% on the 5 year term deposit of Rs.1 lakh as the opposite parties provided only 7.5.% interest.
          3. Opposite parties have contended that as per the Post Office Term Deposit Rules   as amended from time to time the term deposits made on or after 1.1.03 interest will be payable at the rate of 7.5% per annum calculated quarterly compounding basis. 
          4. The evidence adduced consisted of Exts. A1, B1 to B5.
          5. We find that the Forum has not considered the documents produced by the opposite parties but has just disposed of the matter  observing that it is hard to believe that a term depositor would deposit a considerable amount without even knowing the exact rate of interest. Hence it is ordered to pay interest at 8% irrespective  of the Rules prevailing.   We find that the matter calls for reconsideration. The order of the Forum is set aside.   The Forum is directed to examine the documents produced and issue a reasoned order.  
          6. The case stands posted before the Forum to 28.7.2010. Forum is directed to give notice to the complainant.
          The office is directed to forward the copy of this order to the Forum urgently.
 
                             JUSTICE   K.R.UDAYABHANU -- PRESIDENT
 
 
         
PRONOUNCED :
Dated : 22 May 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT