NCDRC

NCDRC

RP/4526/2009

UNION OF INDIA & ORS. - Complainant(s)

Versus

SANTOSH KUMAR - Opp.Party(s)

MR. NAMIT KUMAR & R.P. SINGH

12 Feb 2010

ORDER

Date of Filing: 11 Dec 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4526/2009
(Against the Order dated 01/10/2009 in Appeal No. 368/2009 of the State Commission Chandigarh)
1. UNION OF INDIA & ORS.Union of India Through Secretary, Department of Postal ServicesNew Delhi.2. THE CHIEF GENERAL POST MASTER,General Post Office, Sector 17Chandigarh3. THE POST MASTER, POST OFFICEHigh Court BranchChandigarh ...........Appellant(s)

Vs.
1. SANTOSH KUMARR/o House No. 2016, Sector 32-CChandigarh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. NAMIT KUMAR & R.P. SINGH
For the Respondent :NEMO

Dated : 12 Feb 2010
ORDER

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          Money order sent by the respondent to his father on 1.12.2008 did not reach till 11.2.2009.  Respondent approached the petitioner and the petitioner, after verifying the record, admitted its mistake and tried to shift the blame to the computer error.  Petitioner made an offer to pay the amount on 25/28.2.2009, which was not accepted either by the father of the respondent or the respondent.  Respondent filed a complaint before the District Forum, which was allowed and the petitioner was directed to refund the sum of Rs.2,100/- (Rs.2000/- being the amount of the Money Order and Rs.100/- as the Money Order charges).  Rs.10,000/- were awarded by way of compensation for causing physical harassment, mental agony and pain to the respondent.  Rs.2,000/- were awarded as costs.  Petitioner was directed to pay the sum of Rs.12,100/- within a period of 6 weeks from the receipt of the certified copy of the order failing which the aforesaid amount was to carry interest at the rate of 18% from 1.12.2008 till realization.

          Being aggrieved, petitioner filed an appeal before the State Commission, which has been dismissed by the impugned order, against which the present Revision Petition has been filed.

          We agree with the view taken by the fora below.  Counsel for the petitioner contends that Rs.10,000/- could not be awarded by way of compensation for a claim of Rs.2,000/-.  We find no substance in this submission.  Respondent had sent Rs.2,000/- to his father and perhaps with those 2000/- rupees, the father of the respondent was to meet the expenses for the entire month.  It is a fit case in which the respondent had to be adequately compensated because it was a clear and admitted case of deficiency in service.

          Counsel for the petitioner then contended that the rate of interest awarded at 18% per annum is excessive.  We find substance in this submission.  The rate of interest is reduced to 6% from 1.12.2008 till realization. 

We are reducing the rate of interest from 18% to 6% without issuing Notice to the respondent to save the litigation costs.  In case the respondent is aggrieved by this order, then the respondent would be at liberty to move an application for revival of the case. 

Revision Petition stands disposed of in above terms.

 



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