UNION OF INDIA Vs. GIRIJA AGARWAL SMT

JUDGEMENT

(1.) Delay of 67 days in filing petition is condoned.

(2.) This revision is directed against the order dated 22.2.2005 of Chhattisgarh State Consumer Disputes Redressal Commission, Raipur dismissing appeal against the order dated 26.8.2004 of a District Forum whereby petitioners were directed to pay amount of Rs. 1,07,840 with interest @ 9% p.m. w.e.f. 26.8.2004 and compensation of Rs. 3,000, to the respondents.

(3.) Facts giving rise to this revision lie in narrow compass. Respondent No. 1/complainant No. 1 is the mother of respondent Nos. 2 to 4/complainant Nos. 2 to 4. Under Monthly Income Scheme, account No. 29054 dated 6.10.1997 was jointly opened by respondent Nos. 1 and 2, account No. 29055 was jointly opened on 6.10.1997 by respondent Nos. 1 and 3, yet another account No. 29061 was opened jointly by respondent Nos. 1 and 4 on 27.10.1997 in Sub-Post Office, Sector 6, Bhilai, Durg, petitioner No. 1. Amount of Rs. 96,000 was deposited in each of these accounts. It was alleged that petitioner issued a cheque of Rs. 2,08,960 towards payment of the amount deposited in said accounts. Total amount payable was Rs. 3,16,800. Payment of Rs. 1,07,840 was, thus, made short. In the complaint, direction was sought to the petitioners to pay amount of Rs. 1,07,840 along with interest @ 18% p.a. from the date of payment i.e. 11.11.2003. Compensation of Rs. 10,000 was also claimed towards mental agony. The petitioners contested the complaint by filing written version. Details of seven accounts under Monthly Income Scheme jointly opened with respondent No. 1 were set out in para 3(B) as under : <FRM>JUDGEMENT_196_CPJ1_20071.htm</FRM>