RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.712 of 2013

1-  Union of India (through Secretary,

      Department of Posts, New Delhi).

2-  Senior Superintendent of Post Offices,

     Faizabad Division, Faizabad.  

3-  Head Post Office, Faizabad.

4-  Sub Post Master, Khapradeeh,

      Faizabad.                                                ….Appellants.

Versus

Kalika Singh s/o Sri Ram Subhawan Singh,

R/o Village: Jana Bazar, Post Office: Khapradeeh,

Tehsil: Bikapur, District: Faizabad.            …Respondent.

Present:-

1- Hon’ble Sri A.K. Bose, Presiding Member.

2- Hon’ble Sri Raj Kamal Gupta, Member.

For the appellants:  Dr. U.V. Singh.

For the respondent: None.    

Date    1.9.2016

JUDGMENT

Sri A.K. Bose,  Member- Aggrieved by the judgment and order dated 13.2.2013, passed by the Ld. DCDRF, Faizabad in complaint case No.37 of 2009, the appellants Union of India through Secretary, Department of Posts, New Delhi and 3 others have preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind on the basis of surmises and conjectures and therefore, it has been prayed that the same be set aside in the interest of justice, otherwise the appellants will suffer irreparable financial loss.

(2)

          From perusal of the records, it transpires that the respondent/complainant Sri Kalika Singh s/o Shri Ram Subhawan Singh had a Savings Bank Account bearing no.797131 at Post Office, Khapradih, District, Faizabad. The records shows that it was an old account, opened prior to 4.2.1993. His opening balance was Rs.3,966.60 on 4.2.1993. He deposited the Pass-book at Post Office Khapradih on 15.2.2008 for posting of updated interest.  The Pass-book was not updated since 2001. It has been alleged that the Post Office failed to update the Pass Book even after taking a period of more than 2 years which caused him great economical loss and mental agonies as he could not invest the actual deposited amount for his own benefits. Aggrieved by this deficiency in service and non-feasance in public office,  complaint case no.37 of 2009 was preferred before the ld. DCDRF, Faizabad for redressal of his grievances.

The Post Office took the plea that the loss was imaginary and the respondent/complainant was himself responsible for the aforesaid remiss. He retained the Pass-book with him from the year 2001 to 2008 and thereafter, wanted that the Pass-book be up-dated without any loss of time. It was also submitted that the update required verification of account from two different offices. The accounts maintained in the ledger did not tally with each other, therefore, it took time to update the Pass-book. The complaint was luxurious in nature. There was no deficiency in service on the part of the appellants Post Office as they never denied any withdrawl or deposits.

(3)

The Forum below after hearing the parties and on the basis of the evidence on record, observed that the Pass-book was handed over to the appellants on 15.2.2008 for updating the same. Thereafter, he moved  applications on 18.10.2008, 25.10.2008, 4.12.2008 and 31.12.2008 for expediting the matter but the Post Office took no interest in the matter and failed to return him the updated Pass-book which caused him mental harassment. Besides this, he had to visit to the Post Office several times for obtaining the Pass-book. The matter was serious as the Ledgers and Book of Accounts, maintained in the Post Office were not tallying with each other. The Forum below also held that the appellants deposited the updated Pass Book before the Forum on 19.7.2012.  Thus, it took more than 4½ years to return the updated Pass-book. Considering the totality of the circumstances, the Forum below awarded a sum of Rs.10,000.00 to the respondent/complainant as compensation. It also awarded a sum of Rs.1,500.00 towards cost of litigation. It also directed that simple interest @ 9% p.a. will be payable if the entire amount is not paid within a period of 30 days.

Aggrieved by this judgment and order dated 13.2.2013, the instant appeal was filed on 4.4.2013. Certified copy of the judgment was provided to the appellant on 27.2.2013. Thus, there is a delay of 5 days in filing the appeal which stands condoned.

Heard the ld. counsel for the appellants and have gone through the records. Admittedly, the respondent/ complainant Shri Kalika Singh was having a Pass-book

(4)

bearing no.797131 at Post Office Khapadeeh, District: Faizabad. He handed over the Pass-book to the Postal Authorities on 15.2.2008 for updating the same. The Pass-book was deposited in the Forum on 9.7.2012 i.e. after filing the complaint. The appellants took the plea that the Pass-book was  sent to the respondent/complainant on 21.10.2009 vide registered letter no.2973 but he refused to accept the same. The appellants appeared before the Forum in the year 2009. There is no explanation as to why the Pass Book was not deposited in the Forum immediately, thereafter. The appellants retained it for more than 2 years even after the case was filed against them. No cogent reason has been assigned for retaining the Pass-book for such a long period.  The appellants have admitted in their written arguments that the records maintained at the Post Office were no tallying to each other. This prima-facie shows that there was misfeasance in public office in maintenance of the accounts. Difference in ledgers Book of Accounts was the remiss on the part of the appellants for which the respondent/complainant can not be penalized or harassed. The appellants have not explained the nature of differences. They have not even explained why it took more than 4 years time to rectify the same or its basis. The Forum below considered all facts, circumstances and evidence on record before arriving at the conclusion that there was gross remiss and apparent misfeasance/non-feasance in public office in not returning updated Pass-book in time. There is no illegality or irregularity in the same and therefore, we are not inclined

(5)

to interfere in the same. That would amount to failure of justice. However, the Forum below has awarded a sum of Rs.10,000.00 as compensation. We have given due consideration on this aspect of the matter.

          No reason has been assigned for this award. The respondent/complainant has not suffered any financial loss caused due to this delay. The appellants did not deny him the facility of deposit and withdrawl during this period. He was also responsible for not getting his Pass-book updated from the year 2001-02 to 2008. Considering the totality of circumstances, we are of the considered opinion that it would meet the ends of justice, fair-play and good conscience, if the awarded amount of compensation is reduced from Rs.10,000.00 to Rs.3,000.00.  Accordingly, the appeal is liable to be partly allowed.      

ORDER

          The appeal is partly allowed and the amount of  compensation is reduced from Rs.10,000.00 to Rs.3,000.00 only. Remaining part of the  judgment and order is confirmed. Certified copy of the judgment be provided to the parties in accordance with rules.

         (A.K. Bose)                           (Raj Kamal Gupta)

    Presiding Member                             Member

Jafri PA II

Court No.3