SUKHMOHINDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is complainant's petition. He is aggrieved by the order of the Uttar Pradesh State Consumer Disputes Redressal Commission by which order State Commission allowed the appeal of the respondent-opposite party and dismissed the complaint of petitioner.

(2.) COMPLAINT before the District Forum was that the Post Office did not pay the maturity amount of 25 National Saving Certificates (NSCs) which became due on 22.3.1987 of the value of Rs. 2,045/- each. Since the payment was made on 26.4.1989 interest was demanded and also the cost. District Forum allowed the complaint and directed payment of interest @ 10.75% per annum on the maturity value of the NSCs for the period from 22.3.1987 to 26.4.1989. On appeal filed by the respondent-opposite party though nobody appeared for it before the State Commission, it was nevertheless found that there was no evidence that the complainant ever demanded the payment of the maturity amount of the NSCs becoming matured. It was only on 5.2.1989 that demand was made for payment and transfer of these NSCs from Ruder Pur Post Office to Gaderpur. We are of the view that approach of the State Commission is not correct. It must not be forgotten that here Post Office was dealing with a citizen who was not well-versed with law or the procedure. Post office was unnecessarily raising dispute which was technical in nature and when there could not be any doubt about the identity of the holder of the NSCs. These NSCs had been purchased by the maternal grand father in the name of minor grand son and grand daughter. District Forum had referred to certain documents on record to come to the conclusion that there was a demand not only in writing but also orally for payment of the matured amount of the NSCs. Since this was not done, it was directed that interest be paid for the period when payment was not made and was due. Accordingly we set aside the order of the State Commission and restore that of the District Forum. Revision peition is allowed. Revision Petition allowed.