MD IDRIS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The present appeal filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 20.11.2002 passed by District Forum), Kasturba Gandhi Marg, New Delhi in Complaint Case No. OC/2208/1999-entitled Smt. Poonam Kumari V/s. The Director General of Department of Post of India and Anr.

(2.) The facts relevant for the disposal of the present appeal briefly stated are that the respondent Smt. Poonam Kumari had filed a complaint under Sec.12 of the Act before the District Forum averring therein that her mother Smt. Ram Rati had opened an MIS account with respondent No.2 (Post Master, Main Post Office, Khurja) and had deposited a sum of Rs.48,000/- in the above said account. It was stated that the respondent Smt. Poonam Kumari was nominated as a 'nominee' in respect of the above said account. It was stated that the mother of the respondent said Smt. Ram Rati expired on 26.1.1998 and on the basis of nomination, the respondent, after the death of her mother, became entitled to receive the above said amount. It was stated that the respondent vide her letters dated 17.3.1998 and 24.3.1998 informed the appellants about the demise of her mother and thereafter vide application dated 17.6.1998 submitted her claim to appellant No.2, it was stated that appellant No.2 informed the respondent regarding some stay order obtained from the Court of Civil Judge, Bulandshahar. It was stated that the stay order granted by Civil Judge, Bulandshahar was vacated and thereafter the respondent again requested appellant No.2 vide letter dated 27.10.1998 to make the payment. The grievance of the respondent, in the complaint, filed by her before the District Forum in nutshell was that despite completing all the formalities, the payment which was legally due to her had been withheld for about two years and, therefore, the appellants were liable to pay interest for delayed period.

(3.) The claim of the respondent in the District Forum was resisted by the appellant and in the reply/written version, filed on behalf of the appellants it was stated that the claim of the respondent was sanctioned on 24.7.1999 and after completing all the formalities a cheque of Rs.63,080/- was sent to Asstt. Post Officer, Gandhi Nagar, Delhi along with letter dated 5.6.2000 for delivering the same to the respondent against proper receipt which amount had already been withdrawn by the respondent.