Judgment:
P.Q. Barkath Ali : President
This is an appeal filed by the opposite parties 1 to 3 in CC.692/09 on the file of CDRF, Thrissur under section 15 of the Consumer Protection Act, 1986 challenging the order of the Forum dated, February 28, 2012 directing the opposite parties to pay the maturity amount of Ext.P1 Kissan Vikas Pathra Rs.20,000/- with interest and a cost of Rs.1000/-.
2. The case of the complainant as testified by him as PW1 before the Forum and as detailed in the complaint in brief is this:-
Complainant deposited Rs.10,000/- with first opposite party Kattakampal post office in a 5 ½ year Kissan Vikas Pathra Scheme. The first opposite party the postmaster, Kattukampal post office issued the certificate Ext.P1 with registration No.213 dated, September 15, 2003. When the complainant claimed maturity amount of Rs.20,000/- after 5 ½ years the first opposite party rejected the claim stating that maturity period of Kissan Vikas Pathra Scheme has been changed to 8 ½ years. Complainant claimed the maturity amount of Ext.P1 Kissan Vikas Pathra and compensation and cost.
3. First opposite party is the Sub Postmaster Kattukambal post office. Second opposite party is Senior Superintendent of Post offices, Thrissur division. Third opposite party is Postmaster General Central Region, Kochi. They in their version contended thus:-
It is admitted that complainant had purchased Ext.P1 Kissan Vikas Pathra from first opposite party. The maturity period of Kissan Vikas pathra was enhanced to 8 years and 7 months by notification of Government Ext.R1 dated:1.3.2003. Therefore complainant is not entitled to claim maturity value before that period.
4. Complainant was examined as PW1 and Exts.P1 to P5 were marked on his side and Ext.X1 was marked on the side of the opposite party before the Forum. On an appreciation of evidence the Forum found that there was deficiency of service on the part of the opposite party and directed them to pay Rs.20,000/- being the maturity value of Ext.P1 certificate and directed them to pay interest at the rate of 12% per annum from March 15, 2009 till realization and a cost of Rs.1000/-. Opposite parties have come up in appeal challenging the said order of the Forum.
5. Heard Sri. R.P. Sandeep, the authorized representative of the appellants and the counsel for the respondent/complainant.
The following points arise for consideration:-
1. Whether there was any deficiency of service on the part of the respondents?
2. Whether the impugned order of the Forum can be sustained?
6. It is admitted that complainant purchased Ext.P1 Kissan Vikas Pathra for Rs.10,000/- on 15.09.2003 the maturity value of which is Rs.20,000/-. It is shown in the certificate that maturity period is 5 ½ years. That being so it will mature on March 15, 2009. But opposite party produced Ext.R1 notification dated, March 01, 2003 stating that the maturity period of Kissan Vikas Pathra is 8 years and 7 months. Relying on Ext.A1 opposite parties contended that Ext.P1 certificate will mature on April 15, 2012 and that therefore there is no deficiency of service on the part of the opposite parties.
7. We are unable to accept the above contentions. Ext.P1 certificate was issued on September 15, 2003 ie 6 months after issuance of Ext.R1 notification. If the first opposite party had pointed out this to the complainant he would not have taken that certificate. Therefore there is clear deficiency of service on the part of the first opposite party.
8. There is another aspect in this matter. The opposite parties cannot be compelled to pay the maturity value of Ext.P1 5 ½ years from 15.09.2003 as the Government have enhanced the maturity period to 8 ½ years. But there is deficiency of service on the part of the first opposite party in not informing PW1 about Ext.R1 notification. Therefore opposite parties should be directed to pay a compensation of Rs.10,000/- to the complainant.
9. Thus the appeal is allowed in part. The impugned order of the Forum is modified to the effect that the opposite parties are directed to pay the maturity amount of Rs.20,000/- under Ext.P1 to the complainant 8 years and 7 months after 15.09.2003 ie on 15.4.2012. They are also directed to pay compensation of Rs.10,000/- to the complainant and cost of Rs.1000/-. Complainant is entitled to interest at the rate of 12% per annum for the compensation awarded from the date of complaint till realization. In that amount due under Ext.P1 the complainant is entitled to interest at the same rate from 15.4.2012 till realization.