SENIOR POST MASTER, HEAD POST OFFICE vs FIRM MULLAD MAL RAM KARAN DAS

THIS appeal has been filed against the order dated 27.1.1993 passed by District Forum, Dehradun.

THE complainant purchased three N.S.Cs. for Rs. 2,500/-. After the issue became mature, the claimant prayed for interest. THE appellant refused interest because the N.S.Cs. have been issued illegally. It was alleged that the claimant was entitled to simple interest. THE learned Forum rejected the plea of the appellant. In this appeal, it was argued that the N.S.Cs. could not have been issued in the name of a Firm, therefore, its issue is illegal. THE N.S.Cs. have been issued in the name of "Ram Karan Das", Partner, M/s. Mullad Mal Ram Karan Das. THEse N.S.Cs. have been issued in the name of Karan Das who is a partner of the Firm, and not in the name of the Firm. Shri Ram Karan Das may have purchased it as partner for the benefit of the partnership but has not purchased in the name of the firm, but has purchased in his own name. THErefor, it cannot be argued that the sale of the certificate was illegal. Secondly also, the N.S.Cs. have been issued by the appellant himself. If the appellant sold it knowingly, it cannot say that it has sold it illegally. Nobody can take benefit of his own wrong. There is nothing in this appeal. The claim has rightly been allowed. ORDER This appeal is liable to be dismissed and is accordingly dismissed. Cost of the appeal shall be easy. Appeal dismissed.