Present: Sh. S.S.Sidhu counsel for the complainant.<br /> Sh. J.S.Brar counsel for the opposite party No.1.<br /> Sh. Sanyog Aggarwal D.S.O., Faridkot for opposite party No. 2 and 3.<br /> <br /> ORDER<br /> DHARAM SINGH PRESIDENT<br /> Gurpreet Singh complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to release the amount of four Kissan Vikas Patras amounting to Rs.10,000/- each bearing No. KVP-71CC-597131, KVP-71CC-597132, KVP-71CC-597133 and KVP-71CC-597134 alongwith up to date interest in the name of the complainant being the nominee or for ordering the deposit the entire amount in the name of complainant alongwith up to date interest in fixed deposits and to pay Rs.10,000/- as compensation for mental tension, harassment and inconvenience besides Rs.5500/- as litigation expenses. <br /> 2. The complainant averred in its complaint that the complainant is minor and is living under the guardianship of his mother Daljit Kaur as his father is already died away. The deceased Bakhshish Singh son of Udham Singh resident of Maluka Patti Kothe Village Golewala was real maternal grandfather of the complainant and he was having love and affection towards the complainant so he purchased four Kissan Vikas Patras amounting to Rs.10,000/- each in his own name and the complainant was made as nominee of the said Kissan Vikas Patras. The said Bakhshish Singh has died away on 13.12.2005. The above said Kissan Vikas Patras were for six years and the same have been matured and after its maturity as well as after the death of Bakhshish Singh the complainant was fully above to get the amount of the above said Kissan Vikas Patras being the nominee of Bakhshish Singh. The complainant has requested the opposite parties so many times to make the payment of the said Kissan Vikas Patras to him alongwith up to date interest or the amount of the same alongwith interest be got deposited in his name in Fixed deposit but the opposite parties always linger on the matter under one pretext or the other as a result of which the complainant remained under mental tension and under mental shock and has suffered much loss. So he is entitled to recover Rs.10,000/- from the opposite parties on account of illegal and unauthorized harassment and Rs.5500/- as litigation expenses. There is a clear cut deficiency of service on the part of the complainant. Hence this complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 25.9.2007 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of the notice, the opposite party No. 1 appeared through Sh. J.S. Brar Advocate and filed reply taking preliminary objections that the present complaint filed by the complainant is not maintainable as he himself did not come to post office to receive his amount sanctioned by the respondent No. 1 vide memo No. SB/NSC/KVP/31/06 dated 7.12.2006 in response to his claim application filed by him. Gurpreet Singh complainant did not disclose that he is a minor nor his mother Daljit Kaur or his guardian submitted any application before the office of the Sanctioning Authority to receive the amount in question. The present complaint has been filed by the complainant without any cause of action. On merits the opposite party No. 1 submitted that Bakhshish Singh at the time of purchase of Kissan Vikas Patras not mentioned that Gurpreet Singh nominee is a minor neither Gurpreet Singh had mentioned in his claim application that he is minor but he had directly preferred claim as major and had signed the application himself. It is admitted that Bakhshish Singh had purchased four Kissan Vikas Patras for Rs.10,000/- each from the Postmaster Faridkot on 1.2.2000 and had nominated Gurpreet Singh his grand son as his nominee. It is also admitted that the said Kissan Vikas Paras were matured but the complainant had failed to receive the payment. No mental tension or harassment was caused to the complainant so he is not entitled for any compensation. There is no deficiency of service on the part of the opposite parties as the complainant himself failed to receive the payment, so he is not entitled for any interest on the delayed payment. So the complaint be dismissed with costs. <br /> 5. On receipt of the notice, the opposite party No. 2 and 3 appeared through Sh. Sanyog Aggarwal, D.S.O, Faridkot and filed reply taking preliminary objections that the present complaint filed by the complainant is not maintainable against the answering opposite parties because the complainant has not purchased the Kissan Vikas Patras in question from the answering opposite parties nor the answering opposite parties have concerned with the payment of the same rather the payment of Kissan Vikas Patras has to be made by the concerned post office and as such the complainant is not consumer of the answering opposite parties. The complaint of the complainant is false, frivolous and vexatious to the knowledge of the complainant and the same has been filed only to harass the opposite parties. The complainant has not come to the Forum with clean hands and he has concealed the true and material facts from this Forum so he is not entitled for any relief. The complainant has not disclosed that how he is consumer of the opposite parties. The present complaint is bad for mis-joinder of parties as the complainant has not purchased the Kissan Vikas Patras in question from the answering opposite parties nor the answering opposite parties have concern with the payment of the same, so the answering opposite parties has wrongly impleaded as parties in the array of the opposite parties. On merits the opposite party No. 2 and 3 submitted that the complainant never approached the answering opposite parties. The payment of Kissan Vikas Patras in question are not related to the answering opposite parties so the question of answering opposite parties as alleged does not arise at all. The complainant is not entitled for any compensation or costs from the answering opposite parties. The complainant has mentioned a concocted story in the complaint. So the complaint be dismissed with special costs. <br /> 6. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence affidavit of Daljit Kaur Ex.C-1, death certificate of Bakhshish Singh Ex.C-2, copy of Kissan Vikas Patras Ex.C-3 to Ex.C-6 and closed his evidence. <br /> 7. In order to rebut the evidence of the complainant the opposite party No. 2 and 3 tendered in their evidence affidavit of Sanyog Aggarwal District Small Savings Officer, Faridkot Ex.R-1 and closed their evidence. Opposite party No. 1 tendered in their evidence affidavit of Tarsem Chand Goyal Superintendent Post Office, Faridkot Ex.R-2, copy of application Ex.R-3, copy of application of Gurpreet Singh complainant Ex.R-4, copy of sanction order dated 7.12.2006 Ex.R-5 and closed their evidence. <br /> 8. We have heard the learned counsel for the complainant and opposite party No. 1 and also heard Sh. Sanyog Aggarwal D.S.O. Faridkot on behalf of opposite party No. 2 and 3 and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 9. Learned counsel for the complainant has submitted that the opposite parties have not made payment of the four Kissan Vikas Patras amounting to Rs.10,000/- each, so there is deficiency in service on the part of the opposite parties. <br /> 10. Learned counsel for the opposite party No. 1 has submitted that Gurpreet Singh was minor so he could not be made payment of the amount of Kissan Vikas Patras and he want withdrawal of the amount illegally. <br /> 11. Sh. Sanyog Aggarwal representative of opposite party No. 2 and 3 have submitted that they are not involved in this as Head Post Master is to be control and manage delivery of and payment of Kissan Vikas Patras amounts. <br /> 12. From the above noted facts and circumstances the complaint against the opposite party No. 2 and 3 stands dismissed as the case is bad for mis-joinder of necessary parties. <br /> 13. The opposite party No. 1 have not denied with regard to liability to make payment of the amount involved in the Kissan Vikas Patras Ex.C-3 to Ex.C-6 on the death of its holder Bakhshish Singh who died on 13.12.2005 as per death certificate Ex.C-2 and nominee in the Kissan Vikas Patras as per Annexure-1 Ex.R-3 is Gurpreet Singh. Gurpreet Singh moved an application Ex.R-4 with regard to withdrawal of amount involved in the Kissan Vikas Patras. The opposite party no. 1 having detected that Gurpreet Singh is minor have not made payment of the same for want of proper representative by Gurpreet Singh. Gurpreet Singh was required to be represented by his guardian. Natural guardian now as per complaint is his mother Smt. Daljit Kaur who has filed this complaint on behalf of Gurpreet Singh. Gurpreet Singh is to receive this amount through Daljit Kaur. <br /> 14. In view of the aforesaid facts and circumstances the opposite party No. 1 is liable to make payment of the amount in question, so the complaint is accepted. Accordingly the opposite party No. 1 is directed to make payment of the amount of four Kissan Vikas Patras amounting to Rs.10,000/- each Ex.C-3 to Ex.C-6 within the period of one month from the date of the receipt of the copy of this order to Gurpreet Singh through his mother Daljit Kaur, failing which the opposite party No. 1 is directed to pay the above mentioned amount alongwith interest at the rate of 12% per annum from the date of the filing of this complaint till the realization of the amount. However the opposite party No. 1 to safeguard their liability can take surety bonds or undertaking from Daljit Kaur so that amount in question is not misused by any person for all intents and purposes Daljit Kaur shall be liable to render the accounts to Gurpreet Singh minor after his attaining age of majority if so required at any time. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> Announced in open Forum:<br /> Dated: 3.4.2008<br />