LAWS(NCD)-2007-10-51

MUKHYA DAK GHAR Vs. A S DESAI

Decided On October 23, 2007
MUKHYA DAK GHAR Appellant
V/S
A S DESAI Respondents

JUDGEMENT

(1.) THIS appeal is by the appellant/opposite party (for short, "op") challenging the Order dated 13. 4. 2007 passed by the District Consumer Forum, Bangalore Urban II Additional, in Complaint No. 2829/2006, by which the District Forum has allowed the complaint of the respondent/complainant with a direction to the OP to pay interest on the amount Rs. 2,00,000 deposited by the complainant at the rate prevailing in the Post Office in respect of S. B. Account from 30. 11. 2004, i. e. , the date on which the cheque was encashed, till the date of closure of the account.

(2.) THE case of the OP is that the complainant was not entitled to deposit the amount as per the Senior Citizens Savings Scheme (Amendment) Rules, 2004 (for short, the "rules") and, therefore, the District Forum is not right in directing payment of interest at stated above.

(3.) THE complainant had issued a cheque dated 25. 11. 2004 to the OP for Rs. 2,00,000 to deposit the amount in the OP Post Office in a "senior Citizen Scheme". The said cheque was got encashed by the OP on 30. 11. 2004. This fact is not disputed. The learned Counsel appearing for the OP submitted that as per the Rules, the Complainant was not entitled to deposit the amount under the Scheme.