POST MASTER, POST OFFICE, ALIPUR vs SAVITRI

FEELING aggrieved by the order dated 26.5.2004, passed by District Forum the appellant has preferred this appeal.

THE main grievance of the appellant is against the award of interest @ 9% from the date of maturity till the delivery of the cheque for payment to the respondent two. Main contention of the Counsel for the appellant that there is no provision in the rules for payment of interest for the post maturity period, has no substance as it is the duty of the Post Office to make payment of the Bonds/FDRs on its maturity immediately the holder of it approaches it or writes to it, and the retention of the amount beyond the period of maturity is unauthorised and is, therefore, subject to payment of interest by the Post Office or by any other agencies on the bonds and FDRs as the case may be. In the instant case Post Office took more than 6 months in making the payment of the bonds after the date of maturity and the refuge taken by the appellant that it is the time that was taken for correspondence with the respective Post Office from where the bonds were purchased, is of no consequence. Consumers or the bond holders are not supposed to suffer their right of full claim on the date of maturity and are not concerned as to how much time concerned authority takes in disbursing the amount of bonds after their maturity by way of correspondence with other Post Offices. Subscribes are only interested in getting the full claim of their bonds/FDRs on maturity.

However, the award of interest @ 8% on the aforesaid amount till the payment is made to the complainant on its failure to implement the order within 30 days is in the form a composite order and in contravention of the view taken by the Hon''ble National Commission in case The Presidency Post Master and Another v. Dr. U. Shanker Rao, II (1993) CPJ 141 (NC), wherein it was held that while awarding compensation to the claimant the Forum should not pass the order under Section 27 of the Act for payment of further interest on failure to make payment within a certain period. In view of this judgment there is no need to issue a notice to the respondent and the order can be modified at the outset by directing the appellant to make the payment of the amount awarded by the District forum including the compensation and cost of litigation within one month from the date of this order, failing which the respondent shall be at liberty to take recourse to the provisions under Sections 25 and 27 of the Consumer Protection Act, 1986. Appeal is dismissed with aforesaid modification.

A copy of this order, as per statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal dismissed.