NCDRC

NCDRC

RP/1274/2006

KAUR SAIN - Complainant(s)

Versus

THE DIRECTOR GENERAL (POSTS) & ANR. - Opp.Party(s)

INPERSON

09 Mar 2010

ORDER

Date of Filing: 23 May 2006

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1274/2006
(Against the Order dated 21/03/2006 in Appeal No. 1384/2005 of the State Commission Haryana)
1. KAUR SAINH.NO.1237 URBAN ESTATE II HISSAR ...........Appellant(s)

Vs.
1. THE DIRECTOR GENERAL (POSTS) & ANR.NEW DEHI - - ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 09 Mar 2010
ORDER

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Petitioner is the nominee of deceased Jagdish Lal who had purchased NSC VIII issue of Certificate for Rs.28,000/- in the year 1989 from Sub Post Master, Post Office Rampura Phul, Tehsil Rampura Phul, District Bathinda, Punjab.   Petitioner being the son was nominated in respect of these Certificates in the event of his death.  Jagdish Lal died on 20.11.2000.  The petitioner being the nominee of Jagdish Lal in respect of the aforesaid NSC VIII Certificates approached the Sub Post Master, Post Office, Model

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Town, Hisar for their encashment as said Jagdish Lal during his life time had written to the Sub Post Master, Post Office, Rampura Phul to transfer the above said instruments to the Sub Post Master, Post Office Model Tow, Hisar as he had shifted his residence to Hisar.  However, the Sub Post Master at Model Town, Hissar informed the petitioner to put his claim for payment before the Sub Post Master, Post Office Rampura Phul.  The petitioner, thereafter, approached the Sub Post Master, Post Office Rampura Phul and submitted his papers to claim payment in respect of the aforesaid NSC VIII Certificates.  Sub Post Master, Post Office Rampura Phul, as per letter dated 17.10.2001, informed the Sub Post Master, Post Office, Model Town, HIsar to settle the claim of the deceased Jagdish Lal at his level, as these instruments stood already transferred to his post office under registered cover No.1506 and cover No.1406 dated 3.2.1996 and 23.1.1996 respectively.  A copy of the said letter was endorsed to the petitioner.  Thereafter, the petitioner again approached the Sub Post Master, Post Office, Model Town, HIsar by submitting proper prescribed performa to claim payment along with


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an application dated 11.1.2002, but the Sub Post Master at Hisar refused to pay the claim to him by informing him that NSC VIII Certificates mentioned in the claim petition were never transferred to his office by Sub Post Master, Post Office, Rampura Phula; that since the NSC VIII Certificates were purchased at Rampura Phul, he should go back to Post Office Rampura Phul to claim the amount as no record was available with him.  Aggrieved by this, petitioner filed a complaint before the District Forum at Hisar.

The District Forum dismissed the complaint for want of jurisdiction. 

Petitioner being aggrieved filed an appeal before the State Commission which has been allowed.  Respondent has been directed to make the payment of NSC VIII Certificates standing in the name of Jagdish Lal to the petitioner along with Rs.5,000/- on account of mental agony and harassment.  No interest was awarded.

Respondent Sub Post Master had accepted the order of the State Commission and has not preferred any revision petition before us.  The complainant has come up in the revision petition seeking interest.  The NSC Certificates matured in the year 1995 and for the


 

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last 15 years, the petitioner has been running from pillar to post for encashment of his NSC Certificates but the same has not been done.  The Sub Post Master at Rampura Phul on a request made by the petitioner, had transferred the NSC Certificates to the respondent in the year 1996.  Stand taken by the respondent that the NSC Certificates had not been transferred to it was evidently incorrect.  The State Commission has rightly directed the respondent to make the payment of the NSC Certificates along with the accrued interest up to the date of maturity but has not awarded any interest for post-maturity period.  The petitioner has been deprived of use of his money for the last 15 years.  The petitioner needs to be adequately compensated for the same.   Usually, we have been awarding interest on the claimed amount and in rare cases, the interest is not awarded by recording some reasons.  Accordingly, we direct the respondent to pay simple interest @ 6% p.a. to the petitioner on the maturity amount till realization of the amount.  The petitioner would be entitled to the costs of Rs.5,000/-.


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Revision petition is disposed of in above terms.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER