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TMI Blog2011 (7) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... ion ) at New Delhi in First Appeal No. 411 of 1997 whereby the Commission dismissed their appeal. 2. Brief facts: (a) The Appellant is a temple situated in the State of Tamil Nadu. It is one of the ancient temples of Lord Kartikeya and is considered prime among the six holiest shrines of the Lord. Every year, lakhs of devotees throng the temple which is situated on a hill to receive the blessings of the Lord. The temple is being administered by the Hindu Religious and Charitable Endowments Department of the Government of Tamil Nadu. The devotees make offering in cash and kind to the deity. The cash offerings are collected and invested in various forms. The income derived from such investments is utilized for charitable purposes such as pras ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the National Commission which was also dismissed on 31.05.2006. Challenging the said order, the Appellant has preferred this appeal by way of special leave before this Court. 3. Heard Mr. S. Aravindh, learned Counsel for the Appellant and Mr. A.S. Chandhiok, learned Additional Solicitor General for the Respondents. 4. Points for consideration in this appeal are whether there was any deficiency in service on the part of the Post Master, Post Office, Palani-3rd Respondent herein and whether the Appellant-complainant is entitled to any relief by way of interest? Discussion 5. We have already adverted to the factual details. It is the case of the Respondents that the Central Government had issued a Notification being No. G SR 118(E) 119(E) 120 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so desires, be converted into an account of another category ab initio, if he was eligible to open an account of such category on the date of his application. (2) In cases where the account cannot be so converted, the relevant Head Savings Bank may, at any time, cause the account to be closed and the deposits made in the accounts refunded to the depositor with interest at the rate applicable from time to time to a savings account of the type for which the depositor is eligible. 17. Accounts opened in contravention of rules.-Subject to the provisions of Rule 16, where an account is found to have been opened in contravention of any relevant rule for the time being in force and applicable to the accounts kept in the Post Office Savings Bank, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thapani Swamy Thirukoil, Palani No. DPM/SB/Dlg. Dated at Palani 01.12.1995 Sub: Investment by Institution in the Post Office Time Deposits, K.V. Patras, NSC VIII Issue-reg. Sir, I am to inform you that with effect from 01.04.1995 investments by Institution in the P.O. T.D. V.P.+N.S.C. VIII issue is discontinued. As Devasthanam is also an Institution, I request you to close all the TD accounts immediately without interest and also if any kind of above said patras and certificates purchased by the Devasthanam after 01.04.1995. The following TD accounts have been opened at Palani H.O. after 01.04.1995. Please close the accounts immediately. 1) 5 year TD 2010417 dt. 05.05.1995, (2) 2010418 dt. 20.05.1995, (3) 2010419 dt. 31.05.1995, (4) 2010421 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble. In the light of Rule 17 of the Rules, as rightly concluded by the State and the National Commission, it cannot be held that there was deficiency in service on the part of the Respondents, 3rd Respondent in particular. 8. The State Commission while rejecting the claim of the Appellant relied on a decision of this Court reported in Postmaster Dargamitta, H.P.O., Nellore v. Raja Prameeelamma (Ms.) (1998) 9 SCC 706. In that case, the complainant therein issued six National Savings Certificates for Rs. 10,000/- each on 28.04.1987 from the Post Office. According to the Notification issued by the Government of India, the rate of interest payable with effect from 01.04.1987 was 11 per cent. But due to inadvertence on the part of the clerical s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndh, learned Counsel for the Appellant requested this Court to direct the 3rd Respondent to pay some reasonable amount for his lapse, inasmuch as such direction would go contrary to the Rules and payment of interest is prohibited for such Scheme in terms of Rule 17, we are not inclined to accept the same. We are conscious of the fact that a substantial amount had been kept with the 3rd Respondent till 03.01.1996 when the said amount was refunded without interest. In the light of the letter dated 01.12.1995 and in view of Rule 17 of the Rules, failure to pay interest cannot be construed as a case of deficiency in service in terms of Section 2(1)(g) of the Consumer Protection Act, 1986. Both the State and the National Commission have conclude ..... X X X X Extracts X X X X X X X X Extracts X X X X
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