POSTMASTER DARGAMITTA H P O NELLORE Vs. RAJA PRAMEEELAMMA MS

JUDGEMENT

(1.) Leave granted.

(2.) The respondent in the appeal herein purchased six National Savings certificates (VI Issue) for Rs. 10,000. 00 each on 28/4/1987 from the Post office. The rate of interest payable with effect from 1/4/1987 was 11%. This was notified by the government of India. Due to inadvertence on the part of the clerical staff, the old rate of interest and the maturity value which was printed on the certificates could not be corrected. The District Forum as well as the State Commission came to the conclusion that the government of india/post Office were bound to pay the uncorrected maturity value of the certificates indicated on each of the printed certificates. The contentions raised by the learned counsel for the Union of India that there was a notification issued by the government of India prescribing the rate of interest as 11% and that due to inadvertence on the part of the clerical staff of the Post Office the printed maturity value was not scored off from the certificates, were not accepted by the District Forum and the State commission. The revision filed by the Union of India before the National commission was dismissed by a majority decision. Mr. Y, Krishnan, the dissenting Member disagreed with the findings of the District Forum and state Commission and came to the conclusion that the respondent was only entitled to the interest which was notified by the government of India. The reasoning of the learned Member is as under:

(3.) We agree with the reasoning and the conclusion reached by Mr Y. Krishnan, learned Member who gave the dissenting opinion.