UNION OF INDIA Vs. JOG RAJ

JUDGEMENT

(1.) The Posts and Telegraph Department of the Government of India has come up in appeal through the Senior Post Master General, Post Offices, Ambala Cantt. against the order dated 3.7.1997 passed by the learned District Consumer Forum, Ambala, whereby the complaint of Jog Raj claiming replacement of the Indira Vikas Patras (for short 'the IVPs') has been allowed as the original IVPs had got mutilated. The complainant approached the learned District Forum, Ambala, with the grievance that he had purchased IVPs of the value of Rs.13,000/- on 22.2.1990 from the Post Office, Sadar Bazar, Ambala Cantt. as detailed below : sr. No. IVP No. Date of issue regd. No. Denomination maturity value 1.2.3.4.5.6.18-C-479527 18-C-479528 18-C-479529 18-C-479530 18-C-479531 937168 22.2.1990 22.2.1990 22.2.1990 22.2.1990 22.2.1990 22.2.1990 2260 2260 2260 2260 2260 4407 2500/-2500/-2500/-2500/-2500/-500/-5000/-5000/-5000/-5000/-5000/-1000/-Total 13000/-26000/-

(2.) The aforesaid IVPs were damaged by whiteants though they were kept in safe custody in an Almirah. The complainant gathered these pieces and affixed them on plain papers and wrote down their numbers from his diary in which he had kept the record/particulars of these IVPs. With these mutilated IVPs, the complainant approached the concerned Postal Authorities for their replacement by issuing the duplicate ones. Since the Postal Authorities refused to replace these damaged/mutilated IVPs - being beyond recognition - the complainant approached the learned District Forum for necessary relief.

(3.) During the trial of the complaint, the complainant produced voluminous documentary record in support of his claim to prove that the IVPs had been purchased by him from the Sadar Bazar Post Office, Ambala Cantt. on 22.2.1990 valuing Rs.13,000/- and these were six in number with the denominations as detailed above with the maturity value printed thereon totalling to Rs.26,000/-. It was also stated that if there was still some doubt with regard to the genuineness of the claim, the complainant was willing to execute an indemnity bond to safeguard the interests of the Post Office. Despite that, the Postal Authorities did not concede the claim and ultimately the learned District Forum allowed the complaint by issuing the following direction : " (i) To issue the duplicate Indira Vikas Patras in place of disputed mutilated Indira Vikas Patras. (ii) To pay the maturity amount indicated on each Indira Vikas Patra with interest @ 18% p. a. w. e. f.27.5.1995 by getting indemnity bond from the complainant. (iii) To pay Rs.200/- by way of costs of the proceedings. "