UNION OF INDIA Vs. SHARAD GOVIND AGNIHOTRI

JUDGEMENT

(1.) This appeal is filed by Senior Superintendent of Post, Thane and Sub-Postmaster, Dombivali Industrial Area Post Office, Dombivali, District Thane, challenging the order/award, passed by Consumer Disputes Redressal Forum, District Thane, in consumer complaint no. 55/2008, decided on 17.11.2008. By the said judgment/award, the forum below allowed the complaint and directed original opposite parties postal authorities to refund Rs.3,00,000/- to the Complainant immediately and not to recover interest already paid from him from November, December, 2003 to May 2007, to refund interest of Rs.2,375/-, to pay Rs.2,500/- towards cost and to pay Rs.5,000/- towards compensation and to pay balance amount of Rs.3,00,000/- with interest or with amount of bonus on maturity without any deduction.

(2.) Facts to the extent material may be stated as under:

(3.) Opposite Party filed written statement and contested the complaint. According to Opposite Party, as per rule 4 of MIS Scheme, Postal Savings Accounts Rules 1981, if either of the joint account holder of the deposit dies, the amount has to be returned in the name of singular person who is surviving and singular person can deposit maximum amount of Rs.3,00,000/- under MIS Scheme. This was also informed to the Complainant on 05.07.2007 and he was also told that as per rules, interest amount of Rs.2,375/- should not be payable to him, because it was contrary to rules. The postal authority therefore pleaded that the complaint as filed by the Complainant was absolutely false and it should be dismissed.