Judgment:
C.C. Pant, Member:
1. This appeal is directed against the judgment and order dated 28.09.2013 passed by the District Forum, Haridwar, in consumer complaint No. 08 of 2013, whereby the District Forum has allowed the consumer complaint and has directed the Postal Department to pay to the complainants a sum of Rs. 1.00 lac, within a month from the date of the order.
2. In brief, the facts of the case are that the complainants“Smt. Lavang Lata Sharma and Sh. Navin Chandra Sharma had jointly opened a Term Deposit Account bearing No. 2224084 with the Sub-Post Office, Mayapur, Haridwar and deposited a sum of Rs. 50,000/- on 11.01.2005 for a period of two years. When the complainants submitted the pass-book to the Post Office on 03.02.2010, they were told that the maturity amount of the said term deposit account, amounting to Rs. 57,488/-, has been withdrawn on 13.03.2008 and the account has been closed. The complainants were shocked and made a lot of correspondence with different authorities of the Postal Department, but to no avail. This led the complainants to file a consumer complaint before the District Forum, Haridwar on 04.01.2013. The District Forum, after an appreciation of the facts of the case, allowed the consumer complaint vide its order dated 28.09.2013 and directed the Postal Department as stated above. Aggrieved by the order, the Post Master, Sub-Post Office, Mayapur, Haridwar and Senior Superintendent of Post Office, Dehradun Division, Dehradun, who were opposite parties before the District Forum, have filed this appeal.
3. We have heard the learned counsel for the appellants“opposite parties and respondents“complainants and perused the material placed on record.
4. The learned counsel for the appellants argued that the maturity date of the Term Deposit Account was 10.01.2007, but the respondents submitted the pass-book for withdrawal of the maturity amount on 03.02.2010. He also submitted that after the maturity date of such term deposit accounts, interest ceases to be accrued at the rate applicable to such deposits and interest at the rate applicable to savings bank account is given thereafter till the withdrawal of the amount. Thus, the respondents are not entitled to higher rate of interest after the maturity date of the said term deposit account. The learned counsel also submitted that the appellants, after conducting enquiry in the matter and initiating legal and departmental action against the culprits, had remitted the maturity amount to the respondents vide letter dated 26.06.2013, but the respondents declined to accept it. Thus, the appellants have not committed any deficiency in service. The District Forum has failed to appreciate the facts and circumstances of the case in right perspective and, therefore, the impugned order is liable to be set aside.
5. The learned counsel for the respondents submitted that though the pass-book was submitted by the respondents to the Postal Department on 03.02.2010, but it does not mean that the fraud was committed due to this delayed submission of the original pass-book. Since the day the respondents came to know that the maturity amount pertaining to their term deposit account No. 2224084 has been withdrawn by some other person fraudulently and the correspondence made by them in this regard to various authorities of the Postal Department went unheard, the respondents remained under constant mental agony and ultimately they were forced to file a consumer complaint before the District Forum, Haridwar. It was only after filing of the consumer complaint that the appellants remitted the maturity amount of the said term deposit account vide letter dated 26.06.2013, but they did not compensate for the mental and physical agony the respondents had underwent during this period. The respondents did not accept the amount remitted by the appellants, because the matter was subjudice and the appellants had not compensated for the loss suffered by the respondents and also for the mental and physical agony they had suffered during this period. Therefore, the decision of the District Forum is just and the impugned order should be confirmed.
6. We considered the submissions raised by the learned counsel for the parties. There is no dispute with regard to term deposit account, account holders, maturity amount etc. and the appellants have also admitted that someone in collusion with the then Sub-Post Master of the said Post Office had withdrawn the maturity amount from respondents term deposit account. It is also undisputed that the respondents had submitted the passbook on 03.02.2010 for withdrawal of the maturity amount. Therefore, the maturity amount, i.e. Rs. 57,488/-, will attract interest at the rate applicable to saving bank account from the date of maturity till the date of actual payment. We are also of the view that the appellants failed to take timely action in the mater and the respondents were put under constant mental pressure and, therefore, they are also entitled to compensation for mental and physical agony they underwent during this period. The respondents refusal to accept the amount remitted vide Postal Departments letter dated 26.06.2013 is also justified, because the appellants could show this promptness only when the respondents had filed the consumer complaint and matter was subjudice and also because they were not being compensated for mental agony. Therefore, the District Forum has taken a just decision by allowing the consumer complaint, but the order is ambiguous with regard to the award of Rs. 12,514/- as interest. Since the amount of Rs. 57,488/- is still lying in the said account, an interest at the rate applicable to saving bank account is payable on it from 10.01.2007 till the date of actual payment. However, with regard to compensation of Rs. 30,000/- as awarded by the District Forum, we are also of the view that it is perfectly justified under the facts and circumstances of the case and due to delay made by the appellants in taking a timely decision in the matter. The impugned order is modifiable accordingly.
7. For the reasons aforesaid, the appeal is partly allowed. The judgment and order dated 28.09.2013 passed by the District Forum, Haridwar, is modified by setting aside the order in respect of payment of Rs. 1.00 lac including the award of Rs. 12,514/- as interest and instead, the appellants are directed to pay Rs. 57,488/- to the respondents alongwith interest on Rs. 57,488/- at the rate applicable to saving bank account of the Post Office from 10.01.2007 till the date of actual payment and Rs. 30,000/- as compensation for mental agony suffered by the respondents. Cost of appeal made easy.