1999 (11) TMI 796 - Commission - Companies Law

Summary

Issues:
1. Disbursement of maturity value of Kisan Vikas Patra by Post Master.
2. Allegation of deficiency in service by the Post Master.
3. Claim for interest and compensation by the complainant.

Issue 1: Disbursement of maturity value of Kisan Vikas Patra by Post Master

The complainant purchased a Kisan Vikas Patra for Rs. 10,000, which matured on 7-3-1998 with a value of Rs. 14,200. The complainant's daughter filed suits seeking to prevent the Post Master from disbursing the amount to the complainant. Despite no prohibitory order, the Post Master did not disburse the amount, claiming he needed a court order. The State Consumer Disputes Redressal Commission found the Post Master's stance unreasonable, stating that once the Patra matures, the amount should be disbursed to the holder unless legally restrained. The Commission held that the Post Master's failure to disburse the amount was a deficiency in service.

Issue 2: Allegation of deficiency in service by the Post Master

The Commission determined that the Post Master's refusal to disburse the maturity value of the Kisan Vikas Patra to the complainant, despite the absence of any legal prohibition, constituted a deficiency in service. The Post Master's argument that he required a court order before making the payment was deemed unjustified, especially considering the delays it could cause. The Commission emphasized that the Post Master's knowledge of the failed attempts to obtain an injunction should have prompted him to disburse the amount without further delay.

Issue 3: Claim for interest and compensation by the complainant

The complainant sought 18% interest on the maturity value of the Kisan Vikas Patra, along with Rs. 5,000 as compensation for mental agony. The Commission, while acknowledging the deficiency in service by the Post Master, awarded interest at 12% per annum on the maturity value from 7-3-1998. However, the claim for compensation was rejected since interest had already been awarded. The Commission allowed the appeal, directing the Post Master to disburse the maturity value with the specified interest, and advised the complainant to seek further recourse under the Consumer Protection Act if necessary.

In conclusion, the State Consumer Disputes Redressal Commission found the Post Master's actions to be deficient in service, ordering the disbursement of the maturity value of the Kisan Vikas Patra with interest. The claim for compensation was rejected, and the complainant was advised on further legal options if the payment was not made.