ORAL
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Appeal No.1282 of 1995
Union of India through the
Superintendent of Post Offices,
Badaun. ...Appellant.
Versus
Maruti Traders, Bilsi Distt: Badaun through
Shri Suresh Chandra Varshney and
Shri Lokesh Babu Gupta, Proprietor & Partner
of the Firm. ….Respondent.
Present:-
1- Hon’ble Sri A.K. Bose, Presiding Member.
2- Hon’ble Smt. Bal Kumari, Member.
Sri Sunil Kumar for Dr. U.V. Singh for the appellant.
None for the respondent.
Date 13.7.2015
JUDGMENT
Sri A.K. Bose, Member- Aggrieved by the judgment and order dated 12.7.1995, passed by the Ld. DCDRF, Bulandshahar in complaint case No.171 of 1994, the appellant Union of India through the Superintendent of Post Offices, Badaun has preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned judgment is manifestly illegal and irregular and was delivered without proper appreciation of law or application of mind. It was passed in contravention of Rule 4 and 11 of the National Savings Certificate Rules, 1981 and, therefore, needs to be set aside otherwise the appellant will suffer irreparable financial loss.
Heard the Ld. Counsel for the appellant and perused the records in the light of his arguments.
From perusal of the records, it transpires that the respondent Maruti Traders, Badaun is a registered firm and it purchased two National Savings Certificates (6th Issue) bearing no. 6NS/D 7431964 and 6NS/E 14-915467 in its name for denominations of Rs. 1,000.00 + Rs.500.00
(2)
=Rs.1,500.00 from the appellant Post Office, Badaun. The appellant Post Office failed to pay the maturity value to the respondent in time. Aggrieved by this remiss and deficiency in service on the part of the appellant Post Office, the respondent Maruti Traders, Badaun filed complaint case no.171 of 1994. The Forum below disposed of the complaint on 12.7.1995 and directed the appellant to pay a sum of Rs.30,022.50 with 14% pendente lite and future interest at the rate of 14% p.a. Aggrieved by this order, the instant appeal was filed.
The respondent was served with the notice a number of times but it neither appeared nor filed any objection. The appeal is of 1995 and, therefore, in view of the provisions contained under Rule 8(6) of the U.P. Consumer Protection Rules, 1987 read with Section 30(2) of the Act,68 of 1986, we preferred to proceed with the matter on merit. Accordingly, the Ld. Counsel for the appellant Post Offices was heard exparte.
Admittedly, the NSCs of Rs.500.00 and Rs.1,000.00 denominations totalling to Rs.1,500.00 were issued in the name of the respondent Maruti Traders, Badaun on 23.1.1987. The said NSCs were issued in contravention of Rule 4 of the National Savings Certificate Rules, 1981 as they were in the name of the Firm and not in the name of any individual. Consequently, the appellant refused to make payment of the entire maturity value and was ready to pay the principal amount of the same. The refusal was made in terms of express provisions of law. The Forum below failed to consider the provisions of law laid down in Rule 4 as well as in Rule 11 of the National Savings Certificate Rules, 1981 and passed the impugned order. The aforesaid NSCs were also issued in contravention of the notification No.GSR 309E issued by the Govt. of India on 24.11.1981. Consequently, the judgment and order, passed against the provisions of law, can not be allowed to sustain. As a result, the appeal needs to be allowed.
ORDER
The appeal is allowed and the judgment and order dated 12.7.1995, passed by the Ld. DCDRF, Badaun in complaint case No.171 of 1994 is set aside. The appellant
(3)
is directed to refund the principal amount of Rs.1,500.00 to the respondent, if and when applied for, as per rules. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.
(A.K. Bose) (Bal Kumari)
Presiding Member Member
Jafri PA-II
Court No.4
