Indira vikas patra
Ram Kulkarni
(Querist) 31 March 2012
This query is : Resolved
I have purchased I.V.P.(Indira Vikas Patra)from XYZ.As the IVP is just like currency note and doesnot have any bearer's name ,i have purchased and I havenot intimated the post office(As such there is no need).now XYZ filled case for IVP saying that It was purchased by cheque,in consumer,but XYZ has lost the case.Again he filed case in Cooperative court,there also he withdraw the case.But as the cooperative court has not withdrawn the stay which was put when the case was going on.Now the post office is not in position to pay the maturity amount of IVP because of stay.What should be done??
prabhakar singh
(Expert) 31 March 2012
WHEN A CASE IS WITHDRAWN INTERIM ORDERS LOOSES ITS FORCE.TAKE A COPY OF WITHDRAWAL ORDER AND FILE AN APPLICATION FOR PAYMENT PLEADING THAT AS THE CASE IS WITHDRAWN NO INTRIM STAY ORDER IS IN FORCE.
YOU CAN ALSO REQUEST THE REGISTRAR COURT TO ISSUE A QUESTION ANSWER SHEET BY ASKING 1.IS THE CASE TITLED IS PENDING,2.IS THE STAY ORDER DATED .....IS STILL IN FORCE...THE OFFICE SHALL ANSWER IN NEGATIVE AND THAT WOULD BE BINDING ON POST OFFICE.
IN CASE REGISTRAR OFFICE REPLIES THAT STAY IS STILL IN FORCE THEN MOVE AN APPLICATION TO THE REGISTRAR TO VACATE IT,ALTHOUGH SUCH A CIRCUMSTANCE WOULD NOT ARISE BEFORE YOU.
ajay sethi
(Expert) 31 March 2012
once case is withdrawn interim order ceases to have any effect . obtain certitfied copy of ordwer
file with with post office
Shonee Kapoor
(Expert) 31 March 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ram Kulkarni
(Querist) 01 April 2012
Thanks Mr.kapoor,Sethi and singh for valuable information.Another point which I would like to ask is that can I ask for compensation as post office has kept my money with them for almost six years and i will get the IVPs amount without interest for six more years.The maturity of the certificates were on 26 sept 2006,so I willl get maturity value of sept 2006 and not 2012.It was not my fault that the post-office has not discharged the certificates in time.
V R SHROFF
(Expert) 01 April 2012
case withdrawn, means, all order including any interim orders are invalid.
you convince them, or issue notice with certified true copy of orders.
prabhakar singh
(Expert) 01 April 2012
Your strategy should be to receive the agreed payment with protest application got received to post office for rest of the claim amount and then to serve them with notice of demand for arrears' amount under section 80 CPC giving them two month's time to pay failing which you may file a civil suit against Post office.Notice must be served not only upon post office but also upon Union Of India through District Magistrate or secretary.This strategy will reduce court fees as the amount of claim would be much more reduced by receiving the agreed payment under protest.However if they do not agree to pay under protest then you need not accept payment and should file case for whole claim.Even a consumer complaint case can be made out after service of notice where burden of court fees would not arise as it arises in suit but for that you are advised to consult a good civil lawyer practicing consumer forum cases also for in depth discussion.Even a writ can be conceived.
However you should understand that if any stay against the payment was granted and was in force against post office then such period would be precluded for claiming damages against the post office.Yet for that you have cause of action to sue party at whose instance stay was granted if the withdrawal of suit by him is not a written agreement compromised in court between him and you.
Guest
(Expert) 01 April 2012
Unless the concerned Post Office is informed formally about the discharge of case on withdrawal with a copy of order, your efforts, money and time are likely to go waste even for claiming the original maturity value on the instrument.
Further, without any court order, the Post Office does not enjoy any power to pay a single extra paisa than the maturity value.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 April 2012
The person is lucky that he has not come in trouble so far.
The question is how the IVP belonging to a public body has come in his possession.Even it is bearer still entry in the records of post office was essential.
Even at this late stage apart from the concerned public body POST OFFICE can also file criminal complaint.
Guest
(Expert) 01 April 2012
Dear JSDN,
For your kind information, once an IVP is sold that remains not belonging to Post Office.
IVP is sold by the P.O. just like a comodity on cash and carry basis. No formal application is necessary for purchase of certificate, like other Savings Certificates.
P.O. cannot file any criminal case, as against your views, as the property belongs to the bearer of the IVP and can be encashed like a bearer cheque.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 April 2012
How property that is IVP belonging to a public body came in possession of the person so it it police case.
Guest
(Expert) 01 April 2012
Dear JSDN,
I have already stated that the IVPs are sold by PO on cash and carry basis. P.O. has already received the sale proceeds at the time of sale. P.O. is responsible only to honour its liability of payment on or after the maturity date, provided there is no stay order for payment in case of reported theft or any other kind of dispute.
Instrument can even be transferred to any person without intimation to the P.O. Rules clearly provide that the post office shall not be responsible for any loss caused to a holder by any person obtaining possession of a certificate and fraudulently encashing it.
If you still believe, the "IVP belonging to a public body" and "it is police case" you may ask the department of Post if that can negate my above statement.
You can also buy from the bearer and even steal and present the IVP for payment to the PO of issue to encash the same. You will only be needed to put your dated signature with complete address. No other formality would be insisted by the P.O., except that the P.O. can ask you about the proof of residence and your identity proof.
Ram Kulkarni
(Querist) 01 April 2012
thank you Mr Dingra.In my case I was given these IVPs for my fees instead of cash for services as doctor.And to my surprise the fellow who has given these certificates to me has first gone to consumer stating that he has purchased all these IVPs by Demand draft from his account and hence these are owned by him though these were not in his custody.he lost case over there and again he filed case in cooperative court,as the D.D. was drawn from cooperative bank.Do these courts have any idea regarding their limits or these are playing with peopl's money and investments for no cause??
Guest
(Expert) 01 April 2012
Dear Ram,
Post Office can't ask you about your mode of possession of IVPs. For P.O., the bearer is the claimant. The dispute can be between you and the concerned party, the P.O. does not have any role to play, except with some specific order by the court of law. If the purchaser lost the IVPs, and also intimated the P.O. about such loss. His silence till the date of maturity itself is the proof of his dishonesty.
Ram Kulkarni
(Querist) 02 April 2012
Thank you Very much for valuable discussion.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 April 2012
Mr Dhingra please visit following case-
JMFC VARANASI- state vs baranwal.
Possession of unathorised vikas patra.
The accused was in custody for more than six months and released on bail only after framing of charges. NO BAIL TO OTHER CONSPIRATORS TILL NOW.
So even a currency note is bearer but if the possession from legal sources is not proved OR some other person is claiming thAT the particular currency notes have gone illegally from his possession IT IS A POLICE CASE.
Guest
(Expert) 02 April 2012
Dear JSDN,
Please quote full citation or paste the extract of the case law.
However, I feel you are referring a case of Kisan Vikas Patra (KVP), rules for which are quite different than that of Indira Vikas Patra (IVP). Kisan Vikas Patra is NOT sold without formal application by the purchaser and record of purchaser is kept with the P.O. even several years after making payment of maturity value of KVP, whereas IVPs are sold without application on cash & carry basis and no record of purchaser is kept in the P.O.
So, please check the difference first. Moreover, unauthorised possession needs to be proved to have been stolen or snatched forcibly from the buyer.
Circumstances of the cases also count. Not all case laws apply on every other kind of case without similarity of circumstances.
Guest
(Expert) 02 April 2012
You are welcome, Mr. Ram.
Ram Kulkarni
(Querist) 08 May 2012
when I asked to discharge the certificates ,the post office is asking to withdraw writ petition which I have filed against them.It is not clear that if I withdraw the writ petition ,they will discharge the certificates or not?Again there is quastion of interest which is there for almost six years.The post is saying that the court has put attachment on certificates that is why there is delay in discharge.and we are not at fault as we have no objection to pay you but bthe court has .Now what shuld be done?Wheather to accept the money as post will be giving or fight against post to ask for compensation which amounts near one lack plus mental harrasment??
Guest
(Expert) 08 May 2012
Mr. Ram,
I had already advised you on the same lines, as Post office will not pay unless dispute is over. Post office will also not be liable to pay any compensation except the maturity value. The issue on compensation would lie between both the parties of dispute. Any time the court case is over, by issue of judgment or by withdrawal, the amount can be withdrawn by the holder of the instrument after providing the copy of the judgment or order about admission of withdrawal by the court of law in which the dispute case is pending.
V R SHROFF
(Expert) 07 September 2012
RAM, NOW LET US KNOW THE OUTCOME , STATUS OF UR MATTER, SO THAT IT HELP ALL.
I m sure, no compensation or extra interest by Post. right??
