Section 4 in Gujarat Rural Debtors' Relief Act, 1976
4. Right of debtor to refund of amount paid in excess of twice the principal before the appointed day.- (1) Where in respect of any debt any amount exceeding twice the amount of the principal has been paid by, or has been recovered from, the debtor before the appointed day, such debtor shall be entitled to a refund of the amount so paid in excess of twice the amount of principal from the creditor and the creditor shall, within a period of two months from the appointed date, refund to the debtor the amount so paid in excess by him.
(2)Where a creditor fails to refund, within the period specified in sub-section (1), to a debtor the amount to which the debtor may be entitled under that sub-section, the debtor may, on the expiry of such period, make an application in writing to the debt settlement officer having jurisdiction at the place where such debtor ordinarily resides for making an order directing the creditor to refund to the debtor such amount.(3)An application under sub-section (2) shall be made in prescribed form and within prescribed period and shall contain the prescribed particulars.(4)On receipt of an application from a debtor under sub-section (2), the debt settlement officer shall, after making such inquiry as he thinks fit and after giving to the creditor concerned an opportunity of being heard, make an order granting such relief to the debotor as he may appear to be entitled to, or make an order rejecting the application of the debtor, as the case may be.(5)The order of the debt settlement officer under this section granting refund of an amount to a debtor shall be executed by the Civil Court having jurisdiction in the area in which the debtor resides as if such order were a decree or order of that Court.
