POST MASTER GENERAL Vs. BABU RAM

JUDGEMENT

(1.) BRIEFLY stated facts giving rise to this case are that the respondent got Indira Vikas Patras (IVPs) of Rs. 6,318 in the year 1996 from his employer and were to mature in 2002. These were lost on 20. 10. 1998 between Chhota Shimla and Lakkar Bazar while respondent was coming to his office. FIR was lodged with the police. Further case of the respondent was that it was given to understand by the appellants that the amount of IVPs would be given to him on the date of maturity i. e. , in May, 2002. He further alleged that he unsuccessfully approached the authorities, though he was ready and willing to furnish the bond. When despite all this, amount was not paid he filed the complaint.

(2.) DISTRICT Forum after placing reliance on a decision of this Commission in the case of Head Post Office, Solan v. Pratap Singh, I (2004) CPJ 587=latest HLJ 2004 (HP) 103, ordered that the amount of IVPs along with interest be refunded to the complainant subject to his executing indemnity bond in favour of appellants so as to safeguard the interest of Post Offices, litigation cost of Rs. 500 was also levied on the appellants.

(3.) AT the time of hearing Mr. Arora, learned Counsel for the appellant submitted that in case of a lost of IVP, as in the present appeal, the matter has been set at rest by a reasoned decision of the Supreme Court of India and is thus no more res integra. On the other hand, Mr. Thakur made an attempt to distinguish this judgment with a view to persuade us to uphold the impugned order passed by the District Forum below