9911796707
TMI Blog2007 (12) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... on Act, 1986 (for short 'Act'). The complainant-respondent herein, too, suffered an order of rejection of the claim for ₹ 2,03,000/-. The petitioners and the respondent filed separate Appeals bearing Nos. 487/2006 and 188/2006, respectively, before the Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short 'State Commission') whence, by older dated 9-4-2007 Annexure- D , Appeal No. 188/2006 of the respondent was allowed and Appeal No. 487/2006 of the petitioners was rejected. Hence this Writ petition. 2. The respondent-complaint, in her complaint to the District Forum under the Act stated that she deposited amounts on different dates under the Monthly Income Scheme (for short MIS Account), in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent, along with the Passbooks and periodically withdrew the monies from the accounts. However, between 31-06-2003 to 10-10-2003, on the basis of the Withdrawal slips and the Passbooks, the said V.C. Nagaraj sought for and secured premature closure of the MIS Accounts and received their maturity value in cash. The payment in cash, it is said, was on humanitarian consideration. Alleging that the complainant was fully aware of the withdrawal of the amounts coupled with the fact that the instructions in the Passbook clamped responsibility on the respondent-complainant in the event of any negligence, the payments in cash made to V.C. Nagaraj, were sought to be justified. In addition, it was contended that the complainant, during the lifetime ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8/2006 before the State Commission while the petitioners, arrived by the finding on Point Nos. 1, 2, 4 and 5 and the direction to pay damages of ₹ 20,000/-, preferred Appeal No. 487/2006 before the State Commission. The State Commission, having regard to the pleadings of the parties and the evidence both oral and documentary laid before the District Forum, raised the following point for consideration: Now the question for consideration is whether the payment of money to the son of the Complainant prematurely by closing the MIS As is in accordance with the provisions regulating payment of money under MISA. 5.2 Making reference to Rule 4, 5(2) and 10 of the Post Office (Monthly Income Account) Rules, 1987 coupled with Clause (vii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel, the Fora fell in error in not noticing the said relevant foot Learned Counsel in addition, while not disputing that the payment of maturity of value of the amount if over ₹ 20,000/ in to he made by Cheque and not in cash as stated in Rule 14 of the General orders extracted in the order of the District Forum, contends that the amounts in excess of ₹ 20,000/ - in respect of the 5 out of 7 accounts were paid in cash as a special case, on humanitarian grounds. The petitioners-opposite parties seek to support the finding of the District forum that the respondent-complainant affixed her signature to the withdrawal form SB-7 Annexure- B series which when presented along with the relevant Passbooks, the basis for premature closure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to tile aforesaid S.B. Accounts establishes that the respondent had affixed her signatures on the Withdrawal Forms SB-7 fin-withdrawing the interest amount from the Savings Banks Accounts and not for either closure of the M.I.S. Account or for payment of the maturity value on premature closure. The documents Annexure- B series being withdrawal forms SB-7 disclose that they are to be used for the withdrawal of monks from the Savings Bank Accounts. The use of SB-7 form for withdrawal of interest is provided in Clause (vii)(b) of Chapter 21 relating to Monthly Income Scheme Account which reads thus: (b) By (sic) application for withdrawal:The depositor will present an application for withdrawal (SB-7) for the amount of interest The amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loture of Monthly Income Scheme Account The oral evidence of Naviraj Ariga, the witness for the petitioners, is as scanty an it can be and is not hi the direction of establishing either procedure or practice as contended. In this view of the matter, it cannot but be said that the petitioners tailed to establish that the premature closure of the M.I.S. Accounts without an application from the depositor. The petitioners action being neither just, legal nor proper, tantamounts to deficiency in service. Looking at it from any angle, the petitioners had acted contrary to the rules and scheme in the matter of premature closure of the respondent's M.I.S. Accounts based on the withdrawal forms SB-7. The conclusion of the District Forum disentit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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