HEAD POST MASTER Vs. RAJESH JAIN

JUDGEMENT

(1.) IN this appeal under Section 15 of the Consumer Protection Act, 1986 , order dated 26.7.2005 in Complaint No. 58/2005 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) has been challenged.

(2.) THE complainant/respondent herein admittedly had purchased 20 Indira Vikas Patra (IVP for short) each of Rs. 5,000 denominations. The details of the said IVPs have been given in para 1 of the complaint and reproduced in para 2 of the impugned order. The complainant averred that the said IVPs were stolen from his possession on 28.11.2003, while he was on tour to Delhi. He lodged report of the incident with the Police at Delhi, which had also registered an offence. By his letter dated 3.12.2003, the complainant also informed about the theft of the said IVPs to the Head Post Office of Rajnandgaon, from where the said certificates were purchased, with the request not to permit encashment of the said certificates. He also prayed that the amount payable under the said certificates be paid to him. However, since the Post -Office did not pay the amount payable under the said IVPs; failed to do so, therefore, he approached the District Forum and filed the complaint.

(3.) THE complaint was resisted by appellants. It was submitted that no application for purchase of IVP is required to be submitted and that it was not necessary for the appellant Post Office to keep a record regarding the purchase of the IVPs. It was also averred that any person could purchase IVPs from the Post Office and that the encashment thereof is permitted on presentation thereof. There is no provision for replacement of the said certificates in case of theft etc. It was denied that there was any deficiency in service by the appellant in not paying the complainant the amount under the IVPs.