Legal Question in Consumer Law in India

One of my friends borrowed Rs. 10 lakhs from me and paid back by DD. Subsequently he gave stop instruction to the banker and got a new DD. Without giving me the DD, he died after 3 months of that DD Date.

After his death, the bankers said only the legal heirs can operate his account and denied to give the DD amount to me based on the old instrument. His legal heirs challenged of not giving the new instrument to me.

I filed the case asking for the new instrument against his legal heirs and added bankers as the second party, so that they dont clear this amount to the legal heirs. After 5 years, the case is near judgement.

I want to know if I would be able to claim interest for this amount (we have not requested this in our prayer). Do I need to suffer losses for someone being crooked and deceitful. Will anyone please be able to help me on this?

Asked on 9/24/13, 11:42 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

YES, you should certainly claim the loss of interest for the entire period of delay in settlement, the financial loss (opportunity loss) for the amount of Rs. 10 lakhs not being timely available to you, and the mental agony that you had to go through for no fault of yours, by making an addendum prayer to the Court.


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Answered on 9/24/13, 11:54 pm

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