NCDRC

NCDRC

RP/2639/2005

POST OFFICE - Complainant(s)

Versus

JASWALSONS INVESTMENT & FINANCE PVT LTD - Opp.Party(s)

G.C.BABBAR

01 Sep 2009

ORDER

Date of Filing: 14 Oct 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2639/2005
(Against the Order dated 25/07/2005 in Appeal No. 1561/2004 of the State Commission Punjab)
1. POST OFFICE JALANDHAR - - ...........Appellant(s)

Vs.
1. JASWALSONS INVESTMENT & FINANCE PVT LTDHOSHIARPUR ROAD RAMA MANDI JALANDHAR JALANDHAR ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :G.C.BABBAR
For the Respondent :NEMO

Dated : 01 Sep 2009
ORDER

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          This order shall dispose of Revision Petitions No. 2180 and 2181 of 2004 and 762, 764 and 2639 of 2005 as the point involved is the same.  Facts are being taken from Revision Petition No.762/2005.

          Petitioner was opposite party before the District Forum.

          Respondent/complainant is the Karta of HUF.  He purchased Kisan Vikas Patras in the sum of Rs.80,000/- in the name of HUF.  On maturity, the respondent presented the Kisan Vikas Patras for encashment but the petitioner agreed to pay only the principal amount of Kisan Vikas Patras as the Kisan Vikas Patras could not be purchased in the name of HUF or a partnership concern etc.  The


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Kisan Vikas Patras could be purchased by an individual only.  The claim of the respondent for payment of interest was repudiated on the ground that he was an irregular holder of Kisan Vikas Patras as he was not competent to purchase the Kisan Vikas Patras in the name of HUF.  Respondent filed a complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.1,60,000/- i.e. the maturity value of the Kisan Vikas Patras and also to pay compensation at saving bank account rate on the said amount from the date of maturity, i.e. 25.7.2003 till realization.

          Aggrieved against this order, petitioner filed an appeal before the State Commission which has been dismissed in limini.

          We agree with the learned counsel for the petitioner that the Kisan Vikas Patras could not be purchased in the name of HUF and that, the purchase of the Kisan Vikas Patras by the respondent was irregular.   The respondent would not be entitled to get Rs.1,60,000/- on maturity.  Keeping in view the fact that the petitioner has kept the money deposited by the respondent and utilized it for all this period in equity, we direct the petitioner to pay a sum of Rs.80,000/- which was

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deposited by the respondent, along with interest at the rate of 6% per annum, as has been held in consultation with Government of India in certain other cases, from the date of deposit till the amount is/was paid to the respondent.  

With this modification, the revision petitions are partly allowed and disposed of in above terms.  Petitioner is directed to pay interest amount to the respondents within six weeks from the date of the order.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER