Orissa

StateCommission

A/1020/2009

1. The Chief Postmaster General - Complainant(s)

Versus

Sri Balakrushna Mangaraj - Opp.Party(s)

Mr. P.K. Das (CGC)

07 Sep 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/1020/2009
( Date of Filing : 16 Dec 2009 )
(Arisen out of Order Dated 11/11/2009 in Case No. CC/83/2009 of District Dhenkanal)
 
1. 1. The Chief Postmaster General
Orissa Circle, Bhubaneswar
2. The Senior Superintendent of Post Offices
Puri Division, Puri
3. The Postmaster
Khurda Road R/S, Jatni
Khurda
...........Appellant(s)
Versus
1. Sri Balakrushna Mangaraj
At: Haat Bazar, P.O: Jatni, Dist.: Khurda. At Present: C/o: Qtr. No.3, Rath Colony, Dhenkanal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:Mr. P.K. Das (CGC), Advocate for the Appellant 1
 Mr. B.K. Mangaraj, Advocate for the Respondent 1
Dated : 07 Sep 2022
Final Order / Judgement

            Heard learned counsel for the appellants. None appears for the respondent.

2.        Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.       The case of the complainant in nutshell is that the complainant  purchased three Kishan Vikas Patras for an amount  of Rs.10,000/-, Rs.5,000/- and Rs.1,000/-respectively. It is alleged inter alia that those were matured under after 5 years and 6 months but the OPs did not pay the matured amount. Therefore, the complaint was filed.

4.        OPs filed written version stating that as per revised circular the matured amount would be available after 8 years 7 months since 1.3.2003. Therefore, they have no any deficiency in service on their part.

5.        After hearing both sides, learned District Forum passed the following order:-

                    “xxx   xxx   xxx

On the aforesaid findings we direct the opposite party No.1 to receive the Kishan Vikas Patras as mentioned aforesaid of three numbers from the complainant and pay a sum of Rs.32,000/- (Rupees thirty two thousand) as on 16.3.2009. Besides the above, the opposite party No.1 is also to pay interest on Rs.32,000.00 at the rate of 10 per cent per annum from 17.3.2009 till the date of its actual payment to the complainant. Litigation cost of Rs.3,000.00 (Rupees three thousand) is assessed to be paid by the opposite parties to the complainant. The above payment has to be made within a period of 30 days from the date of this order.”

6.        Learned counsel for the appellants submitted that learned District Forum has committed error in law by not perusing the complaint and the KVPs filed by the complainant. According to him, there is clear seal on the KVPs to show that they would be matured after 8 years and 7 months. But the learned District Forum has failed to apply judicial mind to this aspect. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.        Considered the submission of learned counsel for    the appellants and perused the DFR including the impugned order.

8.        The three KVPs filed show that each of them are for 5 years and 6 months of KVPs and accordingly, complainant has taken same  to be matured only after 5 years and 6 months. But there is clear seal mentioned thereon to show that the maturity period would be 8 years and 7 months with effect from 1.3.2003. In the written version it is clearly mentioned that the Govt. of India issued notification vide No. 113.3/2003-SB dated 5.3.2003 that all the KVPs would be matured  after completion of 8 years and 7 months commencing from 1.3.2003. Thus, the action of the OPs cannot be said illegal and improper. Learned District Forum has failed to appreciate the materials on record. Therefore, the impugned order is liable to be set aside and is set aside.

9.        The appeal stands allowed. No cost.

           DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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