S. Chandrashekhar, J. - (1.) On 18.7.2012, when it was pointed out that the learned counsel for the respondent has died, the Registry was directed to issue notice to the respondent. The office note dated 25.9.2014 indicates that signed acknowledgement card has been received. However, the respondent has not appeared in the present proceeding. On 6.1.2016, again noticing that the sole respondent in spite of service of notice, has not appeared, the matter was adjourned for 29.1.2016. Today also, nobody appears on behalf of the respondent. Since counter -affidavit of the respondent is on record, I proceed to hear the matter on merits. Aggrieved by order dated 5.9.2006 in PLA Case No. 19 of 2005 whereby, Rs. 35,000/ - has been awarded as compensation to the applicant for his mental agony, the present writ petition has been filed.
(2.) Briefly stated, Complaint Case No. 19 of 2005 was filed in the Court of Permanent Lok Adalat at Jamshedpur by the respondent claiming compensation of Rs. 5,50,000/ - for mental agony, physical discomfort and loss of reputation/business. The complainant asserted that he invested money in National Savings Certification (NSC) and Kisan Vikas Patra (KVP) on different dates in the post office. His brother -in -law namely, K.K. Sinha is a Civil Contractor, running his business in the name of M/s. Total Enterprises in which the complainant is a sleeping partner. For availing loan/advance from the Punjab National Bank for the business, the complainant intended to pledge NSC and KVP worth Rs. 80,000/ - and for that he made a request to the Sub -Postmaster, IFFCO Township Post Office, Bareilly to transfer NSC and KVP to Jamshedpur. The complainant also made request in the prescribed form to the Sub -Postmaster, Sonari Post Office on 26.2.2005 for transfer of NSC and KVP, details of which were given in the complaint petition. Alleging inaction on the part of the opposite -parties, it was pleaded that since the NSCs/KVPs were not transferred, the petitioner had to arrange Rs. 50,000/ - from other sources for furnishing security to the Punjab National, Bank, Adityapur for fulfilling requirement of the current account. In the above facts, the complaint case was filed on 6.9.2005. In the said proceeding, a written statement was filed on behalf of GM Postmaster, Jamshedpur denying that a complaint was made by the complainant prior to 22.6.2005. It was asserted that the report sent by the SPM, IFFCO, Bareilly Township was received on 30.10.2005 and the certificates were duly transferred to Sonari Post Office on 5.12.2005 in the name of the complainant.
(3.) Heard the learned counsel for the petitioner.;