CHOWRIGACHA POST OFFICE Vs. BIDHAN NANDI

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by the learned District Forum, Murshidabad on 16.9.2009 in the case No. CC/120/2008, wherein the learned Forum below has directed the OP - 1 to pay a sum of Rs. 2,772.00 and Rs. 5,148.00 to the Complainants along with interest @ 10% calculable from the date of filing of the complaint till the date of entire payment of the aforementioned amount without any delay by 31.10.2009, failing which the Complainants would be at liberty to execute the judgment in accordance with law.

(2.) THE brief fact of the case of the Complainants is that one Bidhan Nandi and his wife have alleged that they opened a policy with the OP and deposited premiums right in time without making any default up to 17.10.2007, but subsequently, due to some financial crisis they prayed for surrender of the policies but the OPs did not return the amount in deposit in favour of the Complainants, rather they asked to deposit a sum of Rs. 4,788 and Rs. 8,892 respectively. The Petitioners have already deposited a sum of Rs. 2,772 and Rs. 5,148 till the date of filing the complaint before the Forum below. By filing of this complaint they prayed for return of the said amounts along with cost of litigation.

(3.) BEING aggrieved by the above mentioned judgment the OPs/Appellants have preferred the present appeal before this Commission contending that the learned Forum below has erred in law and facts and thus came to an erroneous conclusion. It has been contended by the OPs -Appellants that the Forum below has failed to consider the w/v as well as the documents placed before it at the time of hearing and wrongly and illegally decreed the case in favour of the Complainants instead of dismissing the same. The OPs have submitted that without considering the Postal Rules which was specially mentioned in the w/v, the Forum below has passed its judgment, wherein it was stated in the said Rules that in case of surrender before completion of specific period mentioned therein the depositor/s is/are not entitled to get back any amount deposited by him/her. Only after the date of maturity the depositor is entitled to get back the entire amount along with bonus and interest, etc. It has been submitted by the Appellants that the Forum below has failed to appreciate that in case of General Laws and Special Laws, the Special Law will prevail and in the instant case the Postal Rules were made prior to enactment of the Consumer Protection Act and therefore there is no question to defy the Postal Rules as wrongly held by the Ld. Forum below. According to the Appellants the Judgment passed by the learned Forum below being erroneous is liable to be set aside.