POST MASTER SUB-POST OFFICE Vs. BIRABAR JENA

JUDGEMENT

(1.) This matter is taken up today for hearing in the presence of the Counsel for the appellants. The complainant is present in person.

(2.) The appeal filed by the Postal Department is against the order dated 23.5.1997 of the District Forum, Cuttack awarding compensation of Rs.3,000/- as well as litigation costs Rs.1,000/- while allowing the complaint. The Forum, considering the materials on record and the complaint petition and the counter case held that the complainant in fact had deposited a sum of Rs.9,300/- in his recurring-deposit account No.2890379 opened on 16.7.1992 while serving at Baripada. The complainant approached the District Forum when after his transfer from Baripada to Salipur in the District of Cuttack even on his request the Postal Authorities failed to transfer his recurring deposit account until 1.6.1994. The Forum believed the case of the complainant and held that there was delay of 11 months on the part of the Postal Department in not transferring the account to Salipur for which the complainant suffered mental agony and also was deprived of his legitimate claim in availing the benefit of prescribed interest under the recurring deposit scheme since he could not make the monthly deposit. On going through the impugned order as well as the materials on record and hearing both sides, we do not find there is any infirmity in the order of the lower Forum. So much so a point was raised before the District Forum that the complainant could have deposited the amount monthly even without the pass book which he did not do. The complainant informs us that for the purpose of transferring his account the Postal Authorities had retained his pass book on granting him a proper receipt. Be that as it may fact remains admittedly there was no deposit under the recurring deposit scheme after the complainant came to Salipur and he offers an explanation, saying, that it was not possible on his part to arrange at a time the accumulated monthly instalments that came to Rs.3,300/- i. e. for 11 months at the rate of Rs.300/-. We accept the case of the complainant that in fact he could not have been in a position to continue the deposit in the absence of the pass book and this was because of the lapses and laches on the part of the Postal Authorities. We find no reason to interfere with the order of the District Forum. Therefore, we confirm the order of the District Forum and dismiss the appeal with costs of Rs.1,000/- so far as this Commission in concerned, besides what has been awarded by the District Forum. The letter indicates that the amount of Rs.9,300/- was deposited. So far as the interest part is concerned, no rate of interest has been mentioned by the District Forum. It is stated that at that time the prevailing rate of interest was 12 per cent on the recurring deposit. Therefore, the Postal Department-appellants are directed to pay the interest at the rate of 12 per cent per annum till 27.8.1997 i. e. the date on which the demand draft from Rs.9,300/- was prepared. The entire amount including all that has been awarded by the District Forum and this Commission should be paid within a period of two months from the date of receipt of the order failing which appropriate legal action will be taken as per law. Copy of the order be communicated to the parties immediately. Dr. Arati Mohanty, Member-I agree.