M/S.Bhagwati Vanaspati Traders vs Sr.Superin.Of Post Office,Meerut

1. M/s. Bhagwati Vanaspati Traders, the appellant before us, is a proprietorship concern. Mr. B.K. Garg is its sole proprietor. On 28.4.1995, M/s. Bhagwati Vanaspati Traders purchased one, six years’ National Savings Certificate (hereinafter referred to as, NSC) bearing number 6NS/06DD 387742, by investing a sum of Rs.5,000/-. The above NSC was to mature on 28.4.2001. The maturity amount payable on 28.4.2001 was Rs.10,075/-.

2. Since M/s. Bhagwati Vanaspati Traders was not paid the amount due on maturity, B.K. Garg made repeated visits to the office from where the NSC was purchased. He was informed, that an NSC could only be issued in the name of an individual, and that, the NSC taken in the name of M/s. Bhagwati Vanaspati Traders, was not valid. He was also informed, that the matter had been referred for advice to the Post Master General, Bareilly, and that, the question of payment of the maturity amount would be considered only after the receipt of inputs from Bareilly. Having waited for a substantial length of time, and realizing that no further action had been taken at the hands of the respondent, B.K. Garg visited the office of the Post Master General, Bareilly. At Bareilly he was informed, that the matter had been referred to the Director General (Post), Department of Posts, New Delhi, and that, he would have to await the decision of the Director General (Post). Having waited long enough, without any fruitful result, M/s. Bhagwati Vanaspati Traders preferred Complaint Case no. 513 of 2004 before the District Consumer Disputes Redressal Forum, Meerut (hereinafter referred to as, the District Forum). The District Forum, by its order dated 1.2.2007 accepted the claim of M/s. Bhagwati Vanaspati Traders, and accordingly, directed the respondent to pay the maturity amount of Rs.10,075/- with 12% interest, from the date of maturity till the date of payment. The respondent was additionally directed to pay, a sum of Rs.5,000/- as compensation, and also cost of Rs.2,000/-, to the appellant proprietorship concern.

3. Dissatisfied with the order dated 1.2.2007, passed by the District Forum in favour of the appellant, the respondent Senior Superintendent of Post Offices, Meerut, preferred Appeal no. 460 of 2007 before the State Consumer Disputes Redressal Commission, Lucknow. The aforestated appeal was allowed by the State Commission vide its order dated 21.1.2008. The appellant concern then preferred Revision Petition no. 1456 of 2008 before the National Consumer Disputes Redressal Commission, New Delhi. The National Commission dismissed the revision petition, vide the impugned order dated 4.9.2008. The special leave to appeal preferred by the appellant, against the impugned order dated 4.9.2008, was granted by this Court on 27.7.2009.

After the appellant’s claim was examined, a preliminary enquiry disclosed, that the NSC was issued to M/s. Bhagwati Vanaspati Traders by Ved Bahadur Singh (an employee of the postal department). A departmental proceeding was held against the above employee, and he was duly punished. Accordingly it was sought to be asserted, that it was not as if, the postal authorities were intentionally depriving the appellant of the benefits of the NSC purchased by him on 28.4.1995. The deprivation of the appellant, according to learned counsel, was based on a pure determination of the legal rights of the appellant.

12. The irregularity having been cured, we hope that B.K. Garg will now be released all the payments due to him, in terms of the order passed by the District Forum. The respondent is accordingly directed to pay to B.K. Garg, the maturity amount of Rs.10,075/- with 12% interest, from the date of maturity, till the date of payment. He would be entitled to Rs.5,000/- towards compensation, as was awarded to him by the District Forum. In addition, we consider it just and appropriate to award him litigation costs of Rs.10,000/-. The entire amount aforementioned, should be released to B.K. Garg, the sole proprietor of M/s. Bhagwati Vanaspati Traders, within one month from the date of receipt of a certified copy of this judgment.

13. The instant appeal is allowed in the aforesaid terms.

October 10, 2014.

For Appellant(s) Mr. V. K. Monga,Adv.(Not present) For Respondent(s) Mr. Kamal Mohan Gupta,Adv.(Not present) Hon'ble Mr. Justice Jagdish Singh Khehar pronounced the judgment of the Bench comprising his Lordship and Hon'ble Mr. Justice C. Nagappan.

For the reasons recorded in the Reportable judgment, which is placed on the file, the appeal is allowed.