KRISHAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) A writ of mandamus is prayed for directing the respondents to release a sum of Rs.1,60,000/- along with interest @ 15% per annum w.e.f. 01.06.2015 till its realization. Further, an interest @ 15% per annum be also awarded on Rs.62,48,000/- w.e.f. 01.06.2015 till 06.08.2015.

(2.) As set out in the written statement, filed on behalf of respondents No.1 to 3, itself the issue as regards deduction of Rs.1,60,000/- on account of rent charges purports to have been reconsidered, during the pendency of the writ petition, and it is conceded that the said amount was wrongly deducted, for the surrender policy did not postulate any such deduction. However, it is maintained that the Board was entitled to deduct Rs.11,74,284/- from the amount deposited by the petitioner, for the allottee was liable to pay interest on over-due installments. Therefore, after adjusting a sum of Rs.1,60,000/- that was wrongly deducted on account of rent charges, the petitioner was rather liable to pay Rs.10,14,284/-, as reflected in the calculation sheet (Annexure R/1), which reads thus:

(3.) The short question that arises for determination is whether Rs.11,74,284/- are recoverable from the petitioner on account of interest on over-due installments, as envisaged in the policy dated 12.02.1985 (Annexure P3). If the answer to this question is in affirmative, then the respondents are justified in retaining a sum of Rs.1,60,000/- and also in raising a demand for the balance amount i.e. Rs.10,14,284/-. Otherwise, the Board is under obligation to refund the deducted amount i.e. Rs.1,60,000/-.