DIRECTOR GENERAL POST AND TELEGRAPH Vs. MARKET COMMITTEE GHARAUNDA

JUDGEMENT

(1.) The Director General, Post and Telegraph, New Delhi, has come up in appeal against the order dated 5.8.1994 passed by the learned District Forum, Karnal, whereby the complaint of the Market Committee, Gharaunda, District Karnal, alleging deficiency in service on the part of the appellant in the matter of conversion of the National Saving Certificates and payment of interest, etc. has been allowed, by passing the following order: "therefore, in our opinion, the complainant has a good case and the opposite party is liable to make the payment of the National Saving Certificates at least at the rate of the 7th Issue. They will also be liable to payment of the interest at the same rate on which the interest was payable on the NSCs till the date of realisation. They shall also pay Rs.500/- as further damages to the claimant on account of loss of interest. "

(2.) The complainant-Market Committee approached the learned District Forum with the grievance that they had purchased from the Sub Post Master (LSG), Gharaunda, NSCs (Sixth Issue) of various denominations amounting to Rs.3 lacs. Later on when it transpired that the NSCs of the Sixth Issue had been sold inadvertantly, whereas it should have been the Seventh Issue, the complainant approached the Postal Department but needful was not done. Thereupon, they claimed the maturity of the Seventh Issue with interest at the rate of 18% along with Rs.50,000/- by way of damages. In reply, the Postal Department admitted that the Sixth Issue of the NSCs had been wrongly sold and the Certificates should have been got discharged. However, it is pleaded that it was the duty of the holder of the Certificates, i. e. the Market Committee, Gharaunda, to have the Certificates encashed as soon as the error came to their notice. Finally, it was pleaded that the complainant having not obtained the discharge of the Sixth Issue of the NSCs was not entitled to any payment. The learned District Forum, however, allowed the complaint by issuing the aforesaid order.

(3.) Against the aforesaid order, when the appeal was filed by the Postal Department, the following order was passed on 5.12.1994 by the Commission, as an interim order: "this case has been postponed till after the appointment of the President for consideration on the condonation application as it involves a delay in filing the appeal. The Counsel for the appellant states that proceedings under Sec.27 of the Act have been initiated and if these are not stayed, irreparable loss is liable to be caused to the appellant. The appellant does not dispute their liability to pay the basic amount along with interest at the rate of Savings Bank Account. Therefore, the only dispute survives regarding interest to be paid on the amount which was deposited with the appellant. The appellant is directed to pay the basic amount of Rs.3/00,000/- to the respondent within a period of two weeks. The amount of interest may be paid after the disposal of the appeal. The proceedings before the District Forum with regard to the interest part are stayed till the final disposal of this appeal. "