9911796707
TMI Blog1999 (11) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 10,000 on 7-3-1995 from the opposite party Post Master, Head Post Office, Sri Rangam. The said Kisan Vikas Patra got matured on 7-3-1998 and the maturity value of the said Patra is Rs. 14,200. 3. It appears, the complainant s daughter by name Helen Mary instituted a suit before the II Additional Sub-Judge, Trichy in O.S. No. 663 of 1997 impleading the opposite party Post Master as one of the defendants in the suit. The suit was one for partition. She also filed in that suit an Interlocu-tory Application No. 646 of 1997 praying for issue of an order of interim injunction restraining the opposite party Post Master from disbursing the maturity value of the Kisan Vikas Patra to the complainant. No interim order appears to have been passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a position to get an order in her favour directing the opposite party to disburse the said amount, it is not permissible for him to refund the amount of Kisan Vikas Patra and he was always ready and willing to disburse the amount once the order is procured from the civil court and in such circumstances, to say that there was deficiency in service on his part cannot at all be countenanced. In such state of affairs, he would say that it is but proper for the Forum below to dismiss the complaint. 6. The Forum below, after taking into consideration the relevant materials, placed on record and also after hearing the projection of hues of views by the respective parties through their counsel, ultimately came to the conclusion that there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the Post Master opposite party from disbursing the amount to her mother Gnanasoundari the complainant in whose name the Kisan Vikas Patra stands, more than once and she met with colossal failure in the attempts she made. It is not as if the opposite party Post Master is not a party to the proceedings before the civil court. The opposite party Post Master having had knowledge of the proceedings before the civil court, it is but proper for him to have disbursed the amount to the complainant without any demur whatever. The stand taken by the opposite party Post Master appears to be that unless and until the complainant procures a favourable order in her favour, in the sense of an order or direction to the opposite party to make disbursement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isburse the amount due under the Kisan Vikas Patra to the complainant but also he must be directed to make a suitable amend for the delay he had caused in disbursing the amount by way of ordering interest on the maturity amount of the Kisan Vikas Patra. The complainant prayed for interest on the said amount at the rate of 18 per cent per annum. We feel that the claim of interest made in the complaint quantified at the rate of 18 per cent per annum is rather on the higher side. We, therefore, order award of interest at the rate of 12 per cent on the maturity value of the Kisan Vikas Patra, viz., Rs. 14,200 on and from its date of maturity, i.e., 7-3-1998. 10. The complainant also prayed for compensation in a sum of Rs. 5,000 for ment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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