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1997 (11) TMI 416

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..... ppellant. Sanjay Tiwari for the Respondent. ORDER Mrs. Saroj Rajwade, Member - This appeal is directed against order dated 5-2-1996 passed by District Consumer Disputes Redressal Forum, Raipur in Case No. 660 of 1995 (hereafter referred to as District Forum) by which District Forum has directed the appellant to pay Rs. 40,000 and 12 per cent interest on the sum from 29-12-1993 together with Rs. .....

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..... m. Respondent came to know in August, 1994 through his younger brother who had gone to Post Office Kutchery that payment was made to holder in March, 1994 and therefore, lodged the complaint in District Forum in August, 1995. 3. Opposite party in their reply before the District Forum denied any knowledge about the Indira Vikas Patra being purchased by the complain-ant or about his possessing them .....

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..... sed the said Indira Vikas Patra and in deciding the complicated question of law and fact on affidavit. (b)That not informing the complainant about identity of holder who came for encashment amounts to deficiency of service. District Forum did not take into consideration provisions of Indian Savings Certificate Act applicable to Indira Vikas Patra which are sold directly on payment of cash but wi .....

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..... rused record of the case. Perusal of Indira Vikas Patra Rules, 1986 and the circumstances of the case shows that District Forum's decision is not legally sustainable. Indira Vikas Patra Rules, 1986 were notified on 5-11-1986 and framed as per powers enforced by section 12 of Government Savings Certificate Act, 1959 (46 of 1959) by Central Government. It is well-settled law that Consumer Forums do .....

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