SUPREINTENDENT, POST OFFICE, REWA Vs. BALENDU KUMAR DVVIVEDI

JUDGEMENT

(1.) THIS appeal is by the opposite party, Post Office, aggrieved by the order dated 20.9.2007, passed by the District Consumer Dispute Redressal Forum, Rewa.

(2.) THE facts of the case, in brief, are that the respondent No. 1, Balendu Kumar Dwivedi, opened a Monthly Income Saving Account (MIS) No. 10037, with the appellant post office on 21.4.1998 and deposited a sum of Rs. 1,98,000. On 10.8.1998, he opened a joint MIS account No. 10042, with the wife, Snehprabha Dwivedi, in which they deposited Rs. 2,04,000. On these two accounts he was to receive Rs. 2,145 and Rs.2,210 respectively as monthly interest. After 6 years he was to receive the maturity amount of the accounts which was Rs. 2,17,800 and Rs.2,24,400, respectively. The respondents state that the payment of the first account has been made as per the scheme. The joint account of Rs. 2,04,000 was to mature on 10.8.2004. However, on 5.7.2004, a month prior to the maturity date, the appellant Post Office sent a letter stating that the account was irregular and the monthly interest already given would be decreased from the amount deposited.

(3.) THE appellant Post Office state that at the time of opening the joint account the respondent No. 1 did not inform them of his first account. They rely on a letter of Government of India No. 110,19/2001 S.B., dated 5.4.2002, which permits them to deduct the excess amount from the account. They aver that as the account was irregular, the contract is void. The respondents are ehtitled only to saving interest rate on the total amount deposited, which comes to Rs. 44,625. The monthly interest incorrectly paid to them amounted to Rs. 1,59,120. So after deducting this from the total amount deposited, the amount payable is only Rs. 89,505. This amount has been paid to the respondents.