State Consumer Disputes Redressal Commission
Senior Superintendent Of Post Office vs Ashok Kumar Huf C/O M/S Narinder ... on 16 December, 2009
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
S.C.O. NO. 3009-12, SECTOR 22-D, CHANDIGARH.
Misc. Appl. No.2480 of 2009
In
First Appeal No.1095 of 2009.
Date of institution : 03.12.2009.
Date of decision : 16.12.2009.
1. Senior Superintendent of Post Office, General Post Office, Rialto Chowk,
Amritsar.
2 The Post Master, General Post Office, Rialto Chowk, Amritsar.
....Appellants.
Versus
Ashok Kumar HUF C/o M/s Narinder Balwinder & Co. Majith Mandi through its Karta
Sh. Ashok Kumar.
...Respondent.
Application for modification/clarification
of the order dated 9.11.2009 passed by this
Commission.
Before :-
Hon'ble Mr. Justice S.N. Aggarwal, President.
Lt. Col. Darshan Singh (Retd.), Member.
Sh. Piare Lal Garg, Member.
Present :-
For the applicant/respondent : Sh. S.K. Mahajan, Advocate. JUSTICE S.N. AGGARWAL, PRESIDENT:
This application has been filed by the respondent for clarification of the order dated 9.11.2009 passed by this Commission.
2. Facts are that Ashok Kumar applicant (respondent in the appeal) had opened PPF account on 15.3.1990 in the name of HUF. The said scheme had come to an end with effect from 31.12.2005 vide notification dated 13.5.2005. The applicant had filed the complaint claiming interest on PPF rate till the date of refund i.e. 13.5.2008. The case was contested by the respondents. The District Forum had considered the matter and accepted the complaint vide order dated 11.6.2009. Misc. Appl. No. 2480 of 2009 2
3. The respondents had filed an appeal (F.A. No.1095 of 2009) which was partly accepted by this Court vide order dated 5.11.2009. The applicant was held entitled to interest @ 6% p.a. on the amount as it was outstanding on 31.12.2005 till the date of payment.
4. It was pleaded in the application that rate of interest on the amounts deposited after 31.12.2005 was not clarified in the judgment dated 5.11.2009. Reference was made to some other judgments in which it was held that 6% interest would be payable even on the amount deposited after 31.12.2005 till the date of refund.
5. This application is disposed of by the clarification that the applicant would be entitled to interest @ 6% P.A. on the amount outstanding as on 31.12.2005 and deposited thereafter till the date of payment.
6. The arguments on this application were heard on 11.12.2009 and the order was reserved. Now the order be communicated to the parties.
(Justice S.N. Aggarwal) President (Lt. Col. Darshan Singh [Retd.]) Member (Piare Lal Garg) Member.
December 16,2009.
(Gurmeet Singh)