N.D. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri N.D. Sharma, the petitioner, who is an Advocate, and his wife, Late Smt. Narindra Sharma, had a joint account with Head Post Master, Head Post Office, Mandi, District Mandi, Himachal Pradesh, OP2. OPs had floated Monthly Income Scheme. As per the Scheme, OP2 was to pay Rs.4,000/- p.m. as interest, for the period of six years and Rs.6,60,000/- was to be paid on the date of maturity, on 11.09.2010. Moreover, bonus on the original account of both the account holders was to be paid.

(2.) Unfortunately, Smt. Narindra Sharma, died on 11.03.2010. This fact was brought to the notice of the Agent, through whom the account had been opened in the presence of Sh.N. Deepak Sharma, Advocate. The complainant was advised to disclose the matter to OP2. The complainant went to the Post Master, who informed him that Survivor can operate joint account in case of death of one of the joint holders.

(3.) After the maturity on 17.09.2010, the complainant was paid only a sum of Rs.5,55,750/-, instead of maturity amount of Rs.6,60,000/-. On enquiry, it transpired that after the death of one of the joint holders, the joint account will be treated as a 'single account', in the name of the Surviving Depositor. The plea raised by the complainant is that the deduction of Rs.1,04,250/-, on the part of OP2 is illegal, which amounts to deficiency in service on the part of OPs.