Consumer protection act-enhancement of award
Guest
(Querist) 28 September 2015
This query is : Resolved
I had deposited money in time deposit of 6 years through a postal agent with Post office for period of 6 years. I had asked for time deposit. But Post office deposited it as MIS and printed pass book clearly showed 12% interest rate. But when I went to claim amount after 6 years Post office paid me only as per MIS amount instead cumulative time deposit and also interest rate of only 8%. Post office contended that interest applicable at that time was 8%only. And I applied for MIS. I went to District Forum and won. But I was given only 12% interest rate and not Time deposit benefit. Post office went to State forum and appeal was dismissed. Then Post office went to NCDRC and I appeared in person to present my case. The NCDRC bench in revision again dismissed their appeal and also clearly defined that deposit was not MIS and interest rate contracted was 12%. So award given by district forum is applicable.
Now the law point is can I again apply to district forum to enhance award as I have been grossly underpaid not only account of interest rate but also on account of treating account as MIS instead Time deposit? Or have I to file revision petition again in NCDRC? or I have to be content by getting District forum award executed?
Why NCDRC did not enhance my award based on findings even when I prayed for that?
P. Venu
(Expert) 30 September 2015
Law abhores multiplicity of actions!
K.S.Srinivas
(Expert) 30 September 2015
File revision petition before NCDRC.
Guest
(Querist) 30 September 2015
Thanks Srinivas sir.Did I understand well that you suggest I should now again go to NCDRC with my revision petition to get award enhanced as per finding of NCDRC and underpaid by district forum? But there is one catch in it. I went through District level complaint and my counsel only asked for less amount.Can i Still get award enhanced?
Kumar Doab
(Expert) 02 October 2015
You have posted that:
---"I had deposited money in time deposit of 6 years through a postal agent with Post office for period of 6 years. I had asked for time deposit. But Post office deposited it as MIS and printed pass book clearly showed 12% interest rate."
Did you contest that you signed for TD and not MIS, in DCDRF? Do you have copy of the deposit form signed by you OR did you demand it.....................or was it presented in DCDRF,State/National Commission? It can substantiate that you had asked for TD of 6Y.
---"I went to District Forum and won. But I was given only 12% interest rate and not Time deposit benefit."
Was it contested OR established in DCDRF that you signed for MIS and not TD?
---"The NCDRC bench in revision again dismissed their appeal and also clearly defined that deposit was not MIS...................."................................."and interest rate contracted was 12%."
Did NCDRC decide that 'deposit was not MIS.....................but TD'?
If NCDRC has clearly decided that it was TD......................... and not MIS...........then there is nothing left in contest?
---"So award given by district forum is applicable."
Apparently DCDRF has not decided that the deposit was TD and not MIS and only interest part was decided that too since it was printed on passbook @12%.
However if it has been established that deposit was TD then you have a clear reason to ask for treatment of deposit as TD.
---""The NCDRC bench in revision again dismissed their appeal and ............................clearly defined that deposit was not MIS"
"But Post office deposited it as MIS "
"Post office contended that interest applicable at that time was 8%only. And I applied for MIS"
Based on what document PO contended that you applied for MIS?
Are you sure that you filled TD and not MIS in deposit form?
The PO issued a passbook showing it as MIS and ROI @% and it has been in your custody and placed before Forums.................from Distt to National Forum.
Upon your appeal NCDRC may ask to decide the deposit was TD or MIS and documents signed and submitted may be placed on record i.e.deposit Form. In such case if document shows that you signed for MIS then how would you lay a claim for TD and cumulative effect of time deposit?
The variance in interest promised and interest paid has already been decided.
Are you sure that Dept. of posts does not have deposit form in in its record in PO .......................or with Head Post aster's office since the Dept. of Post might have conducted an inquiry?
If deposit form signed by you is not available then you may have benefit of doubt.
Guest
(Querist) 02 October 2015
All the points raised by your good self have been considered in NCDRC arguments for admission of RP. Post office presented everything in detail, copy of application form, copy of pass book and all interest rate orders issued since independence of India
I personally appeared before honorable court and submitted written arguments in details point by point.
After discussions and perusal of all records/documents Court dismissed RP both on grounds of delay and Merits. In order court has clearly observed that there was no evidence of operating scheme as MIS for this customer and clearly gross amount is mentioned in pass book which adds up when Cumulative interest @12%for 6 years is added to principal amount.
So all your points are already taken care of.
But my basic question still remains:
Since my counsel demanded only lesser amount in district forum,NCDRC expressed helplessness to enhance amount and simply dismissed RP.
But based on these clear finding s can I apply to District Forum for enhancement or do I have to file RP myself in NCDRC or simply forget it and collect whatever I am getting through District Forum order?
I hope I have made myself clear now? Can you kindly clarify legal position.
Guest
(Querist) 02 October 2015
PS:or have I to go to civil court for recovery of remaining amount based on NCDRC judgement and entries in Pass book?
Kumar Doab
(Expert) 03 October 2015
As per your last post the clear findings are achieved in NCDRC.
If NCDRC has stated in its order that for enhancement of award you need to approach DCDRF............ then it has provided clarity.
Beyond this I am unable to comment.
You may wait for the advise of other experts/members.
Guest
(Querist) 03 October 2015
No sir, NCDRC has not written anything in order regarding enhancement. I guess in dimissal of RP no such things can be written either. But findings have been given based on Petitioner documents and arguments and my arguments.
T. Kalaiselvan, Advocate 
(Expert) 04 October 2015
Your statement itself is clear about the relief sought by you in the DCDRF. you have stated that ""I went through District level complaint and my counsel only asked for less amount.""
In the next post you have stated that ""Since my counsel demanded only lesser amount in district forum,NCDRC expressed helplessness to enhance amount and simply dismissed RP.""
From both the statements expressed by you it is confirmed that you have sought lesser relief in the lower forum though you blame your counsel for this mishap, the responsibility is on you, the forum will not set it aside that it was because of the counsel's mistake. So when you restricted your claim to that amount, how will you justify your reason for enhanced claim, can you base this claim for enhanced amount based in the price index?
You stand lost your chance for such a claim hence in my opinion you may better wind up with the award by the lower forum itself instead of making another attempt which may or may not fetch you positive results.
From your contents it can be observed that the NCDRC has properly addressed your review petition too and has passed the orders accordingly. The judgement does not appears to be erroneous.
P. Venu
(Expert) 05 October 2015
Yes, I fully agree with expert Shri Kaliselvan's considered opinion. If you are convinced that your lawyer failed in his profeesional duty, it is open to you to pursue remedies to that extent.
Guest
(Querist) 05 October 2015
Dear sir
It was not my RP it was of Post office the looser.I only asked in my written argument to enhance award to full extent. But NCDRC bench expressed helplessness to enhance due to demand of less amount made in original complaint before district forum
T. Kalaiselvan, Advocate
(Expert) 05 October 2015
Thus you have been given the judgement decree as prayed for by you therefore the requisition for enhancement cannot be legally considered in this aspect because you have already been granted the relief sought for by you and you cannot keep bargaining for more reliefs on some flimsy ground.
Guest
(Querist) 05 October 2015
Thanks Kalaiselvan sir.. I have today filed application in District forum for execution
