RAJINDER SINGH MAAN vs Chanan Singh

THIS order will dispose of Appeal No. 2437/2002 and Appeal No. 2436/2002 directed against the order dated 29.8.2002 passed by the DF whereby the DF has allowed two separate complaints filed by respondent in both the cases. Appellant in both the appeals is same but the respondents are different i.e., son and father but relates to the same incident.

FACTS barely needed for the disposal of these appeals are that one Chanan Singh deposited Rs. 50,000/- in the name of his five family members for Rs. 10,000/- each with the Finance Company appellant to fetch the double amount which was promised to be paid against each cash certificate on the date of maturity. Cash certificates are numbered 11, 12, 13, 14 and 15. On the date of maturity respondent approached the appellant for the payment of maturity double amount who issued a cheque of Rs. 35,000/- paid Rs. 20,000/- in cash to the respondent and got his receipt on the back of cash certificate Nos. 12, 13, 14, three cash certificates were received by the appellant but the cheque regarding Rs. 35,000/- was not honoured with the result respondent filed a complaint under Section 38 of Negotiable Instruments Act. Respondent received Rs. 35,000/- in instalments and withdrew the complaint. He approached the appellant for refund of remaining two certificates of 10,000/- each. The appellant''s contention is that the respondent has failed to pay the full amount and has got receipt from the respondent. He is not liable to pay the double amount against two cash certificate Nos. 11 and 15.

Parties led the evidence before the DF. DF allowed both the two complaints and directed the appellant to pay Rs. 29,250/- with 15% interest along with Rs. 2,000/- for mental harassment and Rs. 1,000/- for litigation charges for each case.

HEARD learned Counsels for the parties. Learned Counsel for appellant has contended that the order of the DF is misconceived on the ground that the appellant has cleared all the 5 cash certificates and has made the payment in full and final settlement. He has referred the receipts. Learned Counsel for the other side has repelled this argument by contending that the respondent has received this amount only with regard to the cash certificates. We have considered the impugned order. We find there is no infirmity in the judgment because the two cash certificates were lying with the respondent. Had he received the amount for these two cash certificates naturally he would have been asked to surrender these certificates which has not been done. It does not stand to reason that the Finance Company and the appellant will disburse the amount without receiving back the cash certificates or without receiving the receipt for these two cash certificate Nos. 11 and 15. The DF has squarely gone into this controversy and evidence also. It is apparently clear that appellant has not shown any receipt from the respondent regarding these two separate Cash Certificate Nos. 11 and 15. However, the learned Counsel for the appellant has very rightly pointed out that the DF has awarded exorbitant amount regarding both the two certificates. It is an admitted fact that the Cash Certificates were for Rs. 10,000/- each. Cash Certificate No. 15 which was deposited on 2.6.1992 for a period of 60 months and maturity comes to 3.6.1997. Similarly, Cash Certificate No. 11 also was to mature on the same date i.e., 3rd of June, 1997, date of deposit is also the same, so amount in both the certificates payable was Rs. 20,000/- in each certificate on the maturity date. DF should have allowed the interest on Rs. 20,000/- only in each case from the date of maturity till the realisation which has not been done. DF has passed an award for Rs. 29,250/- in each case and with 15 per cent interest which is not justifiable. Respondent is entitled only to the double amount on the date of maturity with interest from the date of maturity. So we modify the impugned order directing the appellant to pay Rs. 20,000/- in each case with 9 per cent interest from the date of maturity i.e., 3.6.1997 till the realisation. We in the light of awarding the amount with interest pass no order for separate compensation for harassment however litigation charges are kept in tact. Rs. 2,000/- including the charges for appeal in each case are allowed. The whole amount be paid to the respondents within a period of six weeks from the date of this order. Appeal disposed of.