V.V. Jose : Member
This appeal is preferred by the opposite party in CC.No.490/08 dated 03.01.2013 in the file of CDRF, Thrissur. The case of the complainant is as follows. Complainant purchased a Kissan Vikas Pathra from the respondent on 27.04.2002 with a promise of doubling the amount after 5 ½ years. The respondents denied payment in double after the promised 5 ½ years and told that the period of maturity was changed to 8 ½ years for doubling the amount. The reduction of interest and extension of maturity period was not intimated to the complainant and hence this complaint.
2. The version filed by the respondents admitted the purchase of Kissan Vikas Pathra on 27.04.02 and issued the Certificate No.10906. The amount will be doubled only on 27.12.09 as the revised maturity fixed by the Government of India with effect from 01.03.2002. This was noted in the reverse page of the Kissan Vikas Pathra by a rubber stamp. As per Section 11 of Savings Certificate Act 1959 no suit or legal proceedings shall lie against any officer of Government of Indian in respect of anything done in good faith. The Honble National Commission also has held that even if the old rate and date of maturity value is not corrected the complainant is eligible only for revised maturity value. Here in this case a clear rubber stamp impression indicating the revised maturity period. Hence sought for a dismissal.
Evidence consist only Ext.P1 the Kissan Vikas Pathra.
3. According to the Forum complainant has deposited Rs.5000/- and purchased a Kisaan Vikas Pathra based on a promise printed on certificate that the amount will double in the 5 ½ years. He was denied to pay back it as double is a cheating and deficiency of service . On the contrary, the version of the respondents claimed that maturity period was revised as seven years and eight months with effect from 01.03.2002.
4. Complainant produced the Kissan Vikas Pathra and marked it as Ext.P1. Both parties did not adduced any oral evidence. According to them, the fact of revision was notified in official gazette.
5. However the Forum, after considering the available evidence came to a conclusion that the complainant is entitled to the relief, as there was no seal on Ext.P1 and also the gazette was not produced by opposite party. Aggrieved by the said order appeal is directed by the opposite party.
Heard the appellant.
6. Inspite of receipt of notice, the respondent / complainant did not turn up. Hence Adv.Mr.Midhun was appointed amicus curie to help us on 22.11.2013.
7. The appellant reiterated their argument as follows.
(a) The Department of Posts is functioning as per the provisions of Indian Post Act 1898.
(b) The matters related to Savings Certificates are governed by Government of India Savings Certificate Act 1959.
(c) The Kissan Vikas Pathra is issued under the rules framed as Kissan Vikas Pathra Rules 1988.
(d) The Kissan Vikas Pathra Rules initially stipulated the maturity period as 5 ½ years and maturity value as double of the amount of deposit
(e) As per Rule 12 (8) of Kissan Vikas Pathra Rules under Chapter 16 of the Post Office Small Savings Schemes and notification of Ministry of Finance GSR 164 (E) dated 01.03.2002, the maturity period is extended to 7 years and eight months for doubling the amount and the maturity value at the end of each period was also notified and affixed on the reverse side of Kissan Vikas Pathra Certificate.
(f) The Indian Post Office Act 1898 confers power to make rules.
(g)The rules are later amended, extending the maturity period to seven years and eight months to get the double amount.
8. We have carefully gone through the ground urged and argued before us. It is true that the complainant and the Forum went below as the promise that the issue of Kissan Vikas Pathra Certificate was carried out by the opposite party as is printed on the face sheet of the old printed format. The endorsement made on the reverse of certificate was not considered by the complainant and Forum either. In fact, even if no such endorsement are there on the old format of certificate, the issuing of Kissan Vikas Pathra Certificate are governed by the law and rules made there under and prevailing on the date of issue. Even if an erroneous indication of rate of interest, whether high or low, it does not matter. What is to be considered is the low governing sale of such certificate. There is no deficiency of certificate, even if is issued without affixing seal. Further, ignorance of law or rule is not an excuse and can claim any enrichment as that score. Here it is clear that Government of India issue Gazette No.1031 on 01.03.2002 GSR 164 (E) making rules with effect from that date amending the earlier rules. Rule 8 states that œ Not with standing any thing contained in Sub Rule (1) to (7), the maturity period of a certificate purchased on or after the 1st day of March 2002 shall be seven years and eight months commencing on the date of issue of the certificate. The amount, inclusive of interest, payable on encashment of the certificate at any time after the expiry of its maturity period shall be Rs.2000/- for a denomination of Rs.1000/- and at proportionate rate for any other denomination?.
9. In the Kissan Vikas Pathra Certificate (P1) a seal is seen affixed containing the amended provision. Though the Gazette is not accessible to laymen, he is governed by such Gazette notification. According to us even if it is not produced or marked, the Forum has to take judicial notice of that. More over we do not find it is true to say that the Gazette was not produced, as we have seen the same attached to the records consigned to us for perusal. Hence the order of the Lower Forum will not sustain.
10. More over it is also to be noted that the Honble National Commission and the Honble Supreme Court had occasion to consider similar cases. As reported in 1996 (2) CPR 124 the Honble National Commission, while disposing a revision, considered similar issue in a case of NSC Certificate clearly found that there is no any dispute regarding the provision of issue of certificates. Following a decision of Honble Supreme Court as reported in 1998 (a) SC 706 the Honble Supreme Court while disposing an SLP on 01.05.95 ruled that œ In fact of the notification issued by the Ministry of Finance, Government of India on 01.04.1987 ie prior to the date of issue of the certificates, the erroneous indication of a higher rate of interest and a higher maturity value can not be deemed to be a deficiency in service with reference to the law governing the sale of National Saving Certificates and set aside the order of concurrent findings of all forums below.
11. On the foregoing discussions, we conclude by finding that the order of the Lower Forum is not in order and we have no hesitation to set aside the said order. We accordingly set aside the order of CDRF, Thrissur in CC.No.490/08 delivered on 03.01.2013.
In the result, the appeal is allowed and the order of CDRF, Thrissur in CC.No.490/08 dated 03.01.13 is set aside. No order as to costs.
However, we make it clear that the proceeds equal to double the amount of the Kissan Vikas Pathra Certificate as on the date of maturity (i.e. 27.12.09) is to be paid by the opposite party to the complainant within 15 days of receipt of this order without fail as per rules, together with applicable interest payable to post office savings bank accounts from 28.12.2009 to till the date of payment.