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November 2008

Deposits made in post office monthly income account which was opened contrary to Rules — Depositor entitled to interest accrued on deposits. Govt. Saving Bank Act, 1879 S. 15.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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9 Deposits made in post office monthly income account which was opened contrary to Rules — Depositor entitled to interest accrued on deposits. Govt. Saving Bank Act, 1879 S. 15.

The petitioner’s husband made deposits in multiple accounts in post office monthly income scheme by opening 12 accounts. Subsequently the accounts were converted into joint accounts. None of the post office staff informed the petitioner that one should not invest beyond a certain amount in joint a/c. In fact agents of post office persuaded the petitioner and her husband to invest the amounts. When the petitioner asked for payment of the amounts on maturity of the deposits the respondent deducted the interest amount over and above the limit provided under the Post Office Monthly Scheme Rules.

The Court observed that it is an undisputed fact that the petitioner has deposited different amounts into various accounts and none of those accounts has exceeded the prescribed deposit limit. The first respondent noticed that all the accounts were opened in the name of a single depositor in various post offices and the amount put together exceeded the maximum amount prescribed under the rules. Though the rules prescribed that more than two accounts shall not be opened by any person, it was a mistake on the part of the post master also in allowing the petitioner to open more accounts contrary to the rules.

The petitioner contended that the agents who get com-mission also made the petitioner and her husband to believe that there will not be any problem if they open more accounts and they will also get interest on all the accounts without any objection. Had there been any objection at the time of opening of accounts or obtaining a declaration from the depositor that the depositor did not open more than two accounts in any post office, that would have made the petitioner and her husband to bind themselves that they have knowledge about the rule that they should not open more accounts than two. There was a mistake on the part of the post master also in allowing the petitioner to open more accounts in the name of the petitioner and her husband. Therefore, as the deposits were not made intentionally after knowing the rules, the petitioner cannot be deprived of the interest accrued thereon.

The petitioner is entitled for interest on the entire amount kept in the various post offices.

[ Smt. K. Susheela v. Ministry of Communications Dept. of Post & Ors., AIR 2008 Andhra Pradesh 179.]

 

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