L. N. Mittal, J. - (1.) CM No. 8701 -C of 2010
(2.) FOR reasons mentioned in the application, which is accompanied by affidavit, delay of 63 days in filing the appeal is condoned. CM No.8702 -C of 2010 Allowed as prayed for. Main Case Defendants (Post Office through its Superintendent and Union of India) having remained unsuccessful in both the courts below have filed the instant second appeal.
(3.) RESPONDENT -Plaintiff Amir Chand filed suit against the Appellants. The Plaintiff retired as Assistant Post Master on 31.10.2002. The Plaintiff was posted as Sub -Post Master in Hisar in the year 1989. At that time, he issued National Saving Certificate (NSC) of 6th issue for Rs. 20,000/ -to Head Master of High School on 29.03.1989. Maturity date thereof was 29.03.1995. On maturity, V. K. Shelly (depositor) requested Defendant No. 1 ( Post Office through Superintendent ) for paying the maturity value of the NSC. Defendant No. 1 refused to make the payment on the ground that NSC 2nd issue could be issued to an institution and NSC 6th issue could not be issue to institution. Here it may be mentioned that NSC 6th issue carried higher rate of interest as compared to rate of interest for NSC 2nd issue. However, the depositor agreed to conversion of NSC 6th issue in to NSC 2nd issue and made written request to Defendant No. 1 for doing so and for making payment as per NSC 2nd issue. In spite thereof, payment was not made by Defendants to the depositor. The depositor filed complaint before the District Consumer Disputes Redressal Forum (Consumer Forum) alleging negligence and deficiency in service on the part of Defendants in not making payment of NSC. The Consumer Forum awarded compensation of Rs. 3,000/ -to the depositor on account of mental agony and also directed Plaintiffs to pay double of NSC amount of Rs. 20,000/ -with interest thereon @ 12% per annum. Thereupon Defendant No. 1 issued impugned notice dated 18.12.2003 to the Plaintiff requiring him to pay Rs. 40,259/ -on account of alleged loss suffered by Defendants due to fault of the Plaintiff in issuing NSC 6th issue instead of NSC 2nd issue.;