SUPERINTENDENT OF POST OFFICES AND ORS Vs. RAM DULARI DEVI

JUDGEMENT

(1.) UNSUCCESSFUL opposite parties - Superintendent of Post Offices, Hazaribagh and others are the appellants before us and have challenged the judgment dated 22.12.2006, passed by District Consumer Disputes Redressal Forum, Chatra, in Consumer Complaint No. 18 of 2006, whereby they were directed to pay to the sole respondent Rs. 40,000 as maturity value of Kisan Vikas Patras (K.V.Ps.) along with interest @ 12% per annum from the date of maturity i.e. 7.4.2003 till its payment, together with Rs. 2,000 as compensation for harassment and Rs. 3,000 as litigation cost within two months from the date of the judgment.

(2.) THE facts of the case in brief are that the complainant -respondent had purchased two Kisan Vikas Patras (K.V.Ps.) bearing serial Nos. 588, certificate No. 43CC 082503 and 43CC 0825028 on 8.10.1997, for an amount of Rs. 10,000 each, i.e. total amount being Rs. 20,000 from the Barkagaon Post Office, P.S. Barkagaon, District Hazaribagh. On 12.2.2003 a dacoit was committed in the house of the complainant, in which the aforesaid two K.V.Ps. together with other household goods were stolen away for which Tandwa P.S. Case No. 10/2003 was registered and also an application was submitted to the O.Ps. for issuance of duplicate of looted K.V.Ps. But no action was taken by the opposite parties for a long time. After running pillar to post, ultimately the O.Ps. asked the complainant to submit her application with necessary information in the format of Postal Department s NC -29 along with Indemnity Bond, certificate granted by the officer -in -charge, Tandwa Police Station and a copy of F.I.R. All these relevant documents were submitted by the claimant through letter dated 24.10.2005, but still no duplicate K.V.Ps. were issued. On repeated approach of the claimant ultimately the O.Ps. issued letter dated 21.2.2006 to the S.D.I. (P), Chatra for verification of the aforesaid requisites submitted by the complainant with the copy of the complaint also. Thereafter the O.Ps. again sat over the matter. The claimant sent a notice through her lawyer on 23.6.2006 and when that effort also failed, the complainant ultimately filed the aforesaid complaint claiming the maturity amount of her two K.V.Ps. i.e. Rs. 40,000 together with Rs. 500 per day from the date of maturity of the K.V.Ps. till date of payment and also Rs. 2,500 towards litigation cost and other expenses.

(3.) WE have heard the submissions made on behalf of both the parties and perused the detailed impugned order passed by the District Consumer Forum, Chatra. The main contention of the Counsel for the appellant was that, for the first time the respondent submitted the application for issuance of the duplicate K.V.Ps. on 24.10.2005 informing loss of the same due to dacoity in their home and the said letter was received by them on 26.10.2005. After scrutiny of papers it was found that the Bond papers were incomplete and as such the same was returned to the respondent vide registered post dated 30.12.2006. The Counsel thereafter narrated in details that as per Rule 44 Part III of Post Offices Savings Scheme, it is obligatory to verify the genuineness of surety/holder before issuing a duplicate certificate. As such the appellant sent the papers to S.D.I. (P), Chatra on 21.2.2006 for verification and the Sub -Divisional Inspector (P), Chatra though had visited the house of the respondent for verification, but the respondent refused to cooperate with S.D.I. (P), Chatra, resultantly they sent a letter dated 16.9.2006, but with no effect. Hence the appellants were not negligent/deficient in service, whereas due to lapses on the part of the respondent the procedure of issuing the duplicate of the K.V.Ps. was delayed.