ADHIKSHAK DAKGHAR Vs. RAVENDRA KUMAR MISHRA

JUDGEMENT

(1.) This appeal is directed against the order dated 5.3.2002 passed in Case No.319 of 2001 by the District Consumer Disputes Redressal Forum, Rewa (for short the "district Forum") whereby the complaint for deficiency in service in not making the payment of Kisan Vikas Patra Nos.15 C. C.064259 and 064260 of Rs.10,000/- each and Kisan Vikas Patra Nos.25 A. A.287990 and 287991 of Rs.1,000/- each in the joint name of the complainant and Ramesh Prasad Mishra, was allowed with an order to the Postal Department to pay maturity amount of all Kisan Vikas Patras with simple interest thereon at the rate of 9 per cent per annum from the date of maturity and also to pay Rs.200/- as costs of the proceedings.

(2.) Admittedly, the respondent and his cousin Ramesh Prasad Mishra purchased Kisan Vikas Patra (for short "kvp") of the value of Rs.22,000/- on 26.9.1994 maturity of which was in April, 2000. However, those KVP were lost, hence the complainant alone applied for issue of duplicate KVPs and to make the payment of maturity amount. In the record, the name of the complainant was different. The application was also signed only by the complainant and not by the joint holder. Hence, Postal Authorities did not issue the duplicate and advised the respondent to correct the application and to file letter of consent or No Objection Certificate of the joint holder, which was not submitted.

(3.) The question for our consideration is whether in the facts of this case, the Postal Authorities can be held deficient in service the Post Office has framed Post Office Small Savings Bank which lays down manner and procedure for opening of the account, purchase of KVP, Indira Vikas Patra and National Savings Certificate etc. Rule 28 of the Post Office Savings Bank Manual Volume II which are framed by the Central Government under the powers conferred by the Government Savings Certificate Act, 1959, which deals with encashment of certificates held in joint names. Clause 35 of which reads thus : "32 (1) A certificate of Joint.-A type can be encashed only under the signatures of both the holders by one of the joint holder if he produces a letter of consent from the other joint holder in the form given below : 'i, the undermentioned joint holder of certificate No. . . . . . . . . . . . dated. . . . . . . . . . . . for Rs. . . . registered at. . . Post Office do hereby give my consent to the payment of the value thereof to. . . who is the other joint holder. ' signature of the joint holder the letter of consent should be attached to the discharge certificate for transmission to the Postal Accounts Office. (2) A certificate of Joint-B type can be discharged under the signature of either of the joint holders presenting the certificate. (3) When one of the joint holders, dies, the payment on a joint type certificate, both joint 'a' and joint 'b', will be made to the survivor, he being the sole owner of the certificate. If the survivor desires to avail of the facility of nomination, he will have to get the certificate transferred in his name. A single type certificate will be issued in the name of the survivor. The cancelled certificate will be sent to the Postal Accounts Office along with the Issue Journal. For such transfer of certificates governed by P. O. S. C. Rules, 1960; N. S. Cs. (I Issue) Rules, 1965; NSCs (IV Issue) Rules, 1970; NSCs (V Issue) Rules, 1973, and ND Bonds Rules, 1977, no fee is due. "