RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1065 of 2005

1- The Director General of Post Offices,

     Dak Bhawan, New Delhi.

2- The Sub Post Master, Sub Post Office,

     Digboi.                                                …….Appellants.

Versus

Smt. Kaushallya Devi w/o Ramvilas Rai,

Patti Bohorik Rai, Village and Post Reotipur,

District, Ghazipur.      (since deceased)

1- Sri Rajesh Kumar Rai

2- Sri Ranjan Kumar Rai

3- Sri Rajeev Kumar Rai                          ….Respondents.

Present:-

1- Hon’ble Sri Vijai Varma, Presiding Member.

2- Hon’ble Sri Sanjai Kumar, Member.

Dr. U.V. Singh, counsel for the appellants.

Sri S.K. Mishra for the respondents.

Date 14.9.2017        

JUDGMENT

(Delivered by Sri Vijai Varma,  Member)

This appeal has been filed against the judgment and order dated 30.11.2004, passed by the District Forum, Ghazipur in complaint case no.101 of 2002.

The facts giving rise to this appeal, in short, are that the respondents/complainants' mother Kaushallya Devi (since deceased) had filed a complaint case in the District Forum at Ghazipur on the ground that her husband had purchased 4 NSCs from Dibgoi Post Office on 25.1.1988 of Rs.1000.00 each which were to mature on 25.1.1994, the maturity value being Rs.8,000.00. Shri Ramvilas Rai expired on 5.12.1991, hence as legal heir she approached

(2)

Post Office, Reotipur for payment of maturity value of the NSCs who refused to make payment. Thereafter, she approached the Sub Post Office, Digboi for payment of maturity value of NSCs and provided the succession certificate but the payment was not made. She also contacted the Superintendent of Post Offices, Tinsukia but to no avail. She also wrote a letter to Director General of Post Offices, New Delhi and the Post Master General, Dibrugarh replied that she will be informed about the payment but no payment was received. She wanted the payment to be made at Sub Post Office, Deotipur Pin Code- 232328 but nothing was done. The amount of Rs.8,000.00 has now swelled to Rs.32,000.00 on 25.1.2004. Hence, this amount with compensation for mental agony etc. be paid to her. In this complaint, the appellant no.2/OP filed their WS submitting therein that it is admitted that Rs.4,000.00 was deposited on 25.1.1988 by Shri Ramvilas Rai and that Shri Ramvilas Rail had died on 5.12.1991 and the complainant Smt. Kaushallya Devi had contacted the Digboi Post Office but there was no delay in making the payment as the formalities were not completed by the complainant. After hearing counsel for the parties, the ld. Forum passed the impugned order on 30.11.2004 as under:-

"यह परिवाद स्‍वीकार किया जाता है तथा विपक्षीगण को आदेशित किया जाता है कि वह परिवादिनी को राष्‍ट्रीय बचत पत्रों की धनराशि मु0 रू08000/- (आठ हजार रूपये मात्र) का भुगतान एक माह के अन्‍दर, रेवतीपुर सब पोस्‍ट आफिस पर करें और इस धनराशि पर परिवादिनी, परिपक्‍वता की तिथि दिनांक 25.01.1994

(3)

से वास्‍तविक भुगतान की तिथि तक, 09% सालाना की दर से साधारण ब्‍याज, विपक्षीगण से प्राप्‍त करेंगी तथा परिवादिनी को जो मानसिक और आर्थिक कष्‍ट झेलना पडा है, उसके बाबत रू010,000/- (दस हजार रूपये मात्र) प्रतिकर भी इसी अवधि के अन्‍दर, परिवादिनी विपक्षीगण से प्राप्‍त करेंगी। "

          Feeling aggrieved with this order that the appellants have filed this appeal mainly on the grounds that the complainant Kaushallya Devi had not informed Digboi Post Office about the death of Sri Ramvilas Rai and it is only on 25.6.1998 that the death was reported to the Sub Post Office, Digboi and the claim in respect of the NSCs was submitted on 2.10.1999 but as the claim was not supported

by nomination or succession certificate, hence, the appellants adopted departmental procedure of verification of claim. The family members and the consent statement of family members were verified by the Superintendent of Post Offices at Ghazipur and thereafter, the claim of the respondents was sanctioned by the Superintendent of Post Offices Tinsukia on 5.11.2002 but the respondents did not collect the payment from the Digboi Post Office. The complainant wanted to collect money at Reotipur Sub Post Office at Ghazipur but she did not implead any postal authority at Ghazipur in her complaint. Besides the cause of action never accrued within the territorial jurisdiction of the District Forum, Ghazipur hence, the complaint could not have been entertained by the Forum at Ghazipur. In the case of death of holder of the certificates, the heirs could not be given the payment from other post office then

(4)

the issuing post office. The ld. Forum has, therefore, passed a wrong order which is liable to be dismissed and the appeal allowed.

          Heard counsel for the parties and perused the entire records.

          During the pendency of this appeal, the respondent Kaushallya Devi died and her LRs were substituted vide orders passed on 13.10.2008.

          In this case, it is not disputed that the respondents' father had purchased 4 NSCs of Rs.1,000.00 each on 25.1.1988 which were to mature on 25.1.1994 with the matured value of Rs.8,000.00. It is also not disputed that Shri Ramvilas Rai expired on 5.12.1991 and that thereafter, late Kaushallya Devi, the wife and legal heir, applied for payment of the matured amount with interest to her. The disputed point accordingly to the appellants is that the claim for payment of the NSCs by Kaushallya Devi was processed after she fulfilled the formalities but she did not come to Sub Post Office, Digboi for receiving the matured amount and therefore, there was no deficiency in service on the part of the appellants. It is also disputed that the complaint could not be filed in Ghazipur as there was no cause of action at Ghazipur.

          So now it is to be seen as to whether the complaint maintainable in the Forum at Ghazipur or not and whether the appellants/OPs committed deficiency in service in not making payment of matured amount of the NSCs to the respondents.

          We first take up the point as to whether this

(5)

complaint was maintainable in the Forum at Ghazipur or not. In this regard, it is argued by the ld. counsel for the appellants that the case was not maintainable at Ghazipur as no cause of action arose at Ghazipur but from the memo of appeal, it transpires that the appellants had adopted departmental procedure of verification of claim and the family members and their consent statement were got verified by the Superintendent of Post Offices at Ghazipur and thereafter, the claim of the respondents was sanctioned by the Superintendent of Post Offices at Tinsukia. From the aforesaid averments by the appellants, it is clear that for processing the claim, verification had got done at Ghazipur only, so obviously the cause of action did arise at Ghazipur also. So, it can not be said that the Forum at Ghazipur did not have jurisdiction to entertain the complaint. 

          Now we come to the main issue as to whether the appellants/OPs had committed any deficiency in service in not making payment of the matured amount of the NSCs to the respondents. In this regard, we find that the amount of Rs.4,000.00 matured on 25.1.1994 and the amount of Rs.8,000.00 was payable since 25.1.1994 to the respondents. It is also clear from the record that the respondents' mother Kaushallya Devi had submitted required documents including succession certificate for claiming the matured amount with interest but time was taken by the appellants in processing the claim and their contention is that the claim was processed but the claimant

(6)

did not come to Sub Post Office, Digboi for receiving the matured amount. In this regard, it is argued by the ld. counsel for the appellants that the amount could not be paid to late Kaushallya Devi at Sub Post Office, Reotipur at Ghazipur as the amount is payable to the holder of the NSCs at any other Post Office in India but not to any legal heir of the holder of the NSCs, in which case the amount is payable by issuing Post Office only but we find no substance in this argument, as it is clear from the averments made by the appellants in their appeal that the verification of the certificates etc. was done by the Superintendent of Post Offices at Ghazipur and therefore, we do not find any constraint in getting the matured amount with interest at Sub Post Office, Reotipur at Ghaziabad and therefore, the appellants appeared to have committed deficiency in service in not making payment of matured amount with interest to the respondents at Ghazipur only. Therefore, the ld. Forum has correctly passed the impugned order with regard to the payment of the matured amount with interest at Sub Post Office, Reotipur at Ghaziabad. However, the compensation of Rs.10,000.00 awarded appears to be unwarranted as the interest has already been awarded. The impugned order deserves to be modified accordingly.

ORDER

The appeal is partly allowed. The impugned judgment and order is modified to the extent that compensation of Rs.10,000.00 shall not be payable. The

(7)

rest of the order stands as it is. The appellants shall ensure to make payment of matured amount in compliance of this order through the Superintendent of Post Offices at Ghazipur.  

Certified copy of the judgment be provided to the parties in accordance with rules.

         (Vijai Varma)                          (Sanjai Kumar)

    Presiding Member                             Member

Jafri PA-II

Court No.3