CHIEF POST MASTER Vs. RAJIV BHARGAV

JUDGEMENT

(1.) This is an appeal against the order dated 20.10.1992 passed by District Forum, Kanpur in Complaint Case No.489/1993.

(2.) The brief facts of the case stated in brief are that the complainant-respondent have got five N. S. Cs. of total amount of Rs.35,500/- which were of the value of Rs.71,532.50 on the maturity. The complainant-respondent deposited the N. S. Cs. for the payment by credit in their S. B. I. Account or to be paid by the cheques but the appellant-opposite party refused to deposit the credit amount of the N. S. Cs. in their S. B. I. Account and the amount was paid by cheques which took 20 days' time and thus they are entitled to receive the interest amounting Rs.705/- and also Rs.148/- for cost of stationery and Rs.8,000/- as compensation for mental agony.

(3.) The respondent-appellant filed their written statement before the District Forum and raised the objection regarding complainants filing their joint complaint instead of individual complaint and, therefore, not maintainable. It was also alleged that some of the complainants wanted their payment through cheques and some of them wanted to credit the proceeds of the N. S. Cs. in their S. B. I. Accounts but since these were pledged with S. B. I. therefore, there has been some delay in payment for which the respondent is not responsible and hence the question of payment of interest, cost and compensation does not arises. The District Forum did not agree with the pleas taken by the appellant-respondent regarding the delay on account of the facts of the N. S. Cs. being pledged with S. B. I. The District Forum in its judgment and orders, directed the opposite party to pay the interest for 20 days on the aforesaid N. S. Cs. alongwith a compensation of Rs.100/- as expenses to the complaint. Aggrieved against this order the appellant has come up in appeal and has challenged the correctness of the order passed by the District Forum.