Partly allowed

K.Kamalavathi v. The State Bank of India

Telangana HC11 Apr 2014AS/188/1995

Case brief

AI extract

What is this about?

Defendant Bank appealed the trial Court's decree awarding 12% interest on delayed death benefits. The Express Appellate Court held the defendant was liable for delay and applied the Interest Act 1978 to reduce the interest rate from 12% to 9% per annum.

What did the court decide?

Appeal allowed in part; interest rate reduced from 12% p.a. to 9% p.a. on the amount due to the plaintiffs.

K.Kamalavathi Vs The State Bank of India — Cheque Dishonour | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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A.S.No. 188 OF 1995

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JUDGMENT:

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The defendant in O.S.No. 3 of 1989 on the file of the Court of Subordinate Judge, Vizianagaram (for short, 'the trial Court'), preferred this appeal challenging the interest awarded by the trial Court on the death benefits payable to Hanumantha Rao who was working as an employee in the defendant bank. The appellant was the defendant, the respondents were the plaintiffs and they will hereinafter be referred as defendant and plaintiffs for convenience.

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2. The plaintiffs filed suit for recovery of Rs.1,10,676.03 Ps. towards death benefits payable under various heads together with interest at 18% p.a. on the amount due to delay in payment.

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K.Hanumantha Rao, who is husband of the 1^st plaintiff and father of other plaintiffs, while working as chief cashier in State Bank of India, died on 04-12-1977 leaving behind him the plaintiffs herein who succeeded the estate of late K.Hanumantha Rao. As per the service rules, the plaintiffs, being the legal-heirs of K.Hanumantha Rao, are entitled to gratuity and other amount including salary for the period worked by K.Hanumantha Rao before his death and that the plaintiffs are entitled to claim the following heads of amount:

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1. Salary and allowances for 3 days in December, 1977;

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2. Arrears of salary and allowances payable to him consequent to the revision of scales of pay for supervising staff;

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3. Amount lying in his AECD account No. 10;

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4. Amount lying in his CDS (ITP) account book No. 2;

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5. Balance in his S.B. account No. 552;

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6. Gratuity;

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7. Balance due in his P.F. account No. 7131 and

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8. Contribution due and payable to him to the Imperial Bank of India, the defendant's predecessor bank towards pension and guarantee fund.

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After the death of Hanumantha Rao, the plaintiffs claimed death benefits of K.Hanumantha Rao but payment was postponed on one pretext or the other. However, the defendant bank paid gratuity on 12-01-1979 amounting to Rs.20,800/-, salary and allowances due to late Hanumantha Rao as claimed on 31-03-1978 was paid on 10-03-1988. Similarly, P.F. payable in 1977 was paid on 10-03-1988. Balance in AECD account, C.D.S. (ITP) account and refund of pension fund contribution were not paid by the date of filing of the suit.

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Despite reminders, the defendants did not release the amounts due to the legal-heirs of the deceased Hanumantha Rao. Finally, in the year 1985 i.e. almost after 7 years, the defendant bank insisted the plaintiffs to produce estate duty clearance certificate for payment of amount covered by other heads. Accordingly, the same was produced before the defendant but the claim was not settled. Thereupon, the plaintiffs got issued legal notice on 2401-1988 to the defendant and thereupon, by letter dated 10-02-1988, the bank informed that the matter was referred to Regional Office, Visakhapatnam, for settlement. Thus, there was abnormal delay in payment of death benefits of Hanumantha Rao who worked as Chief Cashier and died while in service. On account of delay, the plaintiffs lost income by way of interest thereon. Hence, claimed interest at 18% on death benefits payable to the legal-heirs of Hanumantha Rao.

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3. The defendant filed written statement denying material allegations

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inter alia contending that the plaintiffs were not the legal-heirs and that delay, if any, is only due to non-compliance of rules and procedure and nonproduction of relevant document required in the matter. The laches are only on the part of the plaintiffs, thereby the defendant is not liable to pay interest of Rs.4,067.20 Ps. on item No. 1, Rs.1,775.00 Ps. on item No. 2, Rs.85,856.00 Ps. on item No. 3, Rs.2,890.75 Ps. on item No. 4 and Rs.9,237.71 Ps. on item No. 5 as claimed in detail in page No. 5 of the plaint. So far as interest on S.B. account is concerned, interest is payable only as per the rate of interest prevailing by then. Therefore, the defendant is not liable to pay interest.

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It is further contended that the defendant sanctioned Rs.9,803.94 Ps. towards interest on provident fund account and a sum of Rs.4,664.37 Ps. was sanctioned being the balance to the credit of Pension and Guarantee Fund by higher authorities but the plaintiffs failed to receive the same in spite of intimation for payment of the said amount. The defendant authorities also addressed letter to the Provident Fund Commissioner seeking permission to pay balance of Rs.1,335/- lying to the credit of AECD account No. 10 but no permission was granted by the Provident Fund Commissioner till today. Therefore, the defendant is not liable to pay interest much less @ 18% on the amount. It is further contended that in the absence of any contract for payment of interest, the plaintiffs are not entitled to claim interest on the amount and finally prayed to dismiss the suit.

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4. Basing on the above pleadings, the trial Court framed the following issues (extracted):

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(1) Whether the plaintiffs are entitled to claim the various amounts covered by the plaint?

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(2) Whether the plaintiffs are entitled for interest on the amount and if so at what rate?

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(3) Whether the plaintiffs failed to comply any provisions to get the return of the amount?

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(4) Whether the suit is bad for non-joinder of any necessary party?

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(5) Whether the suit is bound by time?

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(6) To what reliefs?

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5. During the course of trial, on behalf of the plaintiffs, P.Ws.1 and 2 were examined and got marked Exs.A1 to A26. On behalf of the defendant, D.W.1 was examined and got marked Exs.B1 to B3.

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6. Upon hearing argument of both the counsel and considering oral and documentary evidence, the trial Court decreed the suit for the suit amount awarding interest at 12% on the amount due towards death benefits payable to the plaintiffs being the legal-heirs of the deceased Hanumantha Rao who died while in service.

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7. Aggrieved by the impugned decree and judgment, the defendant bank preferred this appeal only questioning the decree to the extent of payment of interest at 12% on various grounds.

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8. The main contentions urged in the grounds of appeal are that the trial Court awarded interest at 12% from the date of plaint till the date of realization which is erroneous on the face of record and contrary to the material available on record and that there is no delay or laches on the part of

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the defendant in payment of amount payable towards death benefits to the plaintiffs being legal-heirs of the deceased Hanumantha Rao but the trial Court misapplied the principle laid down in AIR 1985 SC 336 and awarded interest at 12% erroneously.

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It is further contended that due to laches on the part of the plaintiffs i.e. non production of estate duty clearance certificate, certain amount due under certain heads could not be paid and such delay is not attributable to the defendant and interest cannot be granted. It is further contended that delay, if any, is only on the part of the Provident Fund Commissioner in not granting permission and that there is no contract between employee and employer for payment of interest. Therefore, the trial Court ought not to have granted interest in the absence of any contract and due to delay in compliance of formalities required to be complied by the plaintiffs and prayed to set aside the decree to the extent of awarding interest.

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During the course of argument, learned counsel for the appellant mainly contended that award of interest at 12% is against the provisions of Interest Act and at the same time, there is no agreement for payment of interest between employee and employer or legal-heirs. Even the principle laid down in the decision relied on by the trial Court is pertaining to retrial benefits but not death benefits. In such a case, the principle cannot be applied to the present facts of the case but the trial Court, on erroneous appreciation of evidence with reference to legal position, awarded interest at 12% which is excessive and prayed to set aside the impugned decree and judgment.

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9. Per contra, learned counsel for the respondents-plaintiffs contended that death of K.Hanumantha Rao was intimated to the defendant and claimed death benefits of Hanumantha Rao who died while in service. The defendant addressed letter seven years after the death of Hanumantha Rao

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requiring the plaintiffs to furnish estate duty clearance certificate and thereupon, they were forced to spend Rs.48,000/- and obtained certificate. Even then, payment was delayed for another two years. So, delay in addressing letter to the plaintiffs requiring to furnish estate duty clearance certificate is attributable to the defendant only and subsequent delay is also attributable to the defendant only but not to the plaintiffs. When the defendant did not process the claim of the plaintiffs and caused abnormal delay of more than 7 years, certainly the defendant is liable to pay interest for the reason that banks are collecting huge amount by way of interest even for minimum delay and if the amount is invested in bank, at least the plaintiffs would have earned interest on the amount. Therefore, the plaintiffs are entitled to claim bank rate of interest prevailing as on that date. Hence, the plaintiffs are entitled to claim interest and that there is no illegality in the impugned decree and judgment of the trial Court in awarding interest @ 12% p.a. and prayed to dismiss the appeal confirming the impugned decree and judgment of the trial Court.

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10. Considering rival contentions and perusing oral and documentary evidence including the impugned decree and judgment, the sole point that arises for consideration is as follows:

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"Whether the plaintiffs are entitled to claim interest on the death benefits payable to the plaintiffs being the legal-heirs of the deceased K.Hanumantha Rao who died while in service as Chief Cashier in the defendant bank, if so, at what rate?

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11. Point:

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The principal amount due under various heads as claimed by the plaintiffs is not in dispute and no appeal is preferred challenging the decree pertaining to the principal amount payable to the legal-heirs of the deceased Hanumantha Rao i.e. plaintiffs herein. Thus, the decree relating to payment

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of principal amount attained finality and it needs no interference of this Court. The only dispute is regarding payment of interest and the claim of the plaintiffs for payment of interest was resisted by the defendant on the sole ground that delay or laches, if any, is attributable only to the plaintiffs as they did not produce estate duty clearance certificate, as per the rules for payment of amount under certain heads and that there is no contract for payment of interest. Consequently, the defendant bank cannot be saddled with liability to pay interest.

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12. Admittedly, K.Hanumantha Rao died on 04-12-1977 and it is not in dispute. Filing of a claim for death benefits of Hanumantha Rao by the plaintiffs is also not in dispute. In Ex.B1 letter, there is reference about letter dated 31-03-1978 and reply dated 03-08-1985. In the first letter dated 3103-1978, which is marked as Ex.A3, the plaintiffs claimed death benefits of Hanumantha Rao and a reply was sent after seven years by the defendant that itself shows that the defendant even did not look into the claim filed by the plaintiffs. In Ex.A2 letter, there was no reference regarding production of estate duty clearance certificate though it was addressed at the earliest point of time but surprisingly after prolonged correspondence, the bank authorities insisted the plaintiffs for production of estate duty clearance certificate and the same was furnished enabling the defendant to pay death benefits, still for the reasons best known, the defendant bank did not pay the amount under various heads. The payment was delayed for another two years. According to the admission of both the plaintiffs and the defendant in evidence and in written statement of the defendant, amount under various heads was paid. In the evidence of D.W.1, D.W.1 denied liability of the defendant to pay interest of Rs.4,067.20 Ps. due to delay in payment of gratuity since there are no laches on the part of the defendant. D.W.1 also denied liability to pay interest of Rs.2,625/- on item No. 2 due to delay in payment of amount lying in S.B.

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account No. 562 as the amount was withdrawn. D.W.1 further denied its liability to pay interest of Rs.85,856/- on provident fund amount under item No. 3 as the delay is not on account of the defendant but due to delay on the part of Provident Fund Commissioner. He also denied liability to pay interest of Rs.1,335/- under item No. 4 as laches are totally on the part of the plaintiffs not on the part of the defendant. It is admitted that provident fund, pension and other amounts are with the board of trustees consisting representatives of employees of the management at Calcutta. He further admitted that death of Hanumantha Rao was reported to the bank on 04-12-1977 and that death benefits payable to the legal-heirs of the deceased was with the trustees of general funds and the amount was invested in some profitable securities as per the guidelines of RBI and Government of India and that minimum rate of interest on lending in 1977 is only 9% but not 18%. In the further crossexamination dated 01-11-1994, D.W.1 admitted about demanding the plaintiffs for production of estate duty clearance certificate but under what rule it is required was not stated by him but it is necessary according to him and admitted that provident fund amount was paid on 10-03-1988 and gratuity was paid on 12-01-1979 and made correspondence with Provident Fund Commissioner for payment of amount lying to the credit of AECD account. Thus, it is clear from the facts elicited in the cross-examination that the bank did not process the claim though the claim was made as early as in the month of December, 1977. If really the plaintiffs are required to furnish estate duty clearance certificate, the defendant bank would have insisted the plaintiffs for furnishing such certificate immediately after the claim but delayed for more than 7 years and insisted the plaintiffs to produce estate duty clearance certificate. This callus attitude of the bank in processing the application and addressing letter to the plaintiffs for furnishing estate duty clearance certificate after more than 7 years itself shows laches on the part of bank in causing delay and whatever delay in payment of death benefits is

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attributable to the defendant alone not to the plaintiffs. If such letter was addressed immediately after receipt of claim, the plaintiffs would have furnished estate duty clearance certificate immediately or at least within a reasonable time. Therefore, on account of delay in processing the application of the plaintiffs by the defendant, the plaintiffs could not comply necessary requirements if it is really a requirement under law for payment of P.F. amount. In those circumstances, the plaintiffs cannot be blamed for the delay and it is attributable only to the defendant. Even otherwise after furnishing estate duty clearance certificate, amount was paid after two years this itself indicates the laches on the part of the defendant in processing the claim of the plaintiffs despite voluminous correspondence marked before the trial Court.

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13. The main contention of the defendant is that in case the claim of the plaintiffs is cleared and amount is paid within reasonable time, they would have invested the same in any bank and would have earned interest thereon and on account of delay on the part of the defendant, the amount could not be recovered and invested. Thereby, they were deprived of interest which is expected to be earned by them by investing in any nationalized bank. As such, they claimed interest. No doubt if the amount is paid to the legal-heirs, who are the members of grief stricken family of Hanumantha Rao, certainly they would have invested the same somewhere to get interest at least in banks. On account of untimely death of Hanumantha Rao, his family members lost their dependency suddenly and they are totally without any financial support. In such a case, the plaintiffs would have suffered a lot for their sustenance and to meet their regular needs. If the amount due to the plaintiffs is paid, certainly they would have utilized the same for their own benefit. On account of delay in processing the claim by the defendant, they were deprived of income by way of interest on death benefits. Therefore,

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certainly the plaintiffs are liable to be compensated by granting interest. The trial Court relying on various judgments of Apex Court, one of the judgment of Apex court reported in AIR 1985 SC 336, wherein the Supreme Court held that

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"When there is delay in payment of retrial benefits by the Government to its employee, Government is liable to pay interest at market rate immediately after expiry of two months from the date of retirement of the employee."

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No doubt the judgment pertains to payment of retirement benefits of a Government employee on attaining the age of superannuation but here the employee died while in service. There is no difference between these two but the defendant would be more benevolent towards the family of deceased employee and would have paid the death benefits immediately to the family members who are entitled on account of sudden loss of financial support and merely because the principle laid down in the above judgment pertains to retiral benefits, the contention of learned counsel for the defendant cannot be accepted that the principle laid down by the Apex Court is not applicable. There is no difference between payment of retirement benefits and payment of death benefits of an employee working in Government service. Therefore, the same principle laid down by Apex Court can be applied to the present facts of the case. The Apex Court in State of Punjab and others Vs. Krishan Dayal Sharma^[1] held at para No. 3 as follows:

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"No doubt the Courts have power to award interest on the arrears of salary or pension or other amount to which a Government servant is found entitled having regard to the facts and circumstances of the case but that power cannot be exercised by the execution Court in the absence of any direction in the decree."

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In view of the principle laid down in the above judgment, employee or his legal-heirs depending upon the nature of benefits are entitled to claim

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interest due to delay in payment of death or retirement benefits.

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14. One of the contentions of the defendant's counsel is that there is no agreement for payment of interest between employee and employer and in the absence of any agreement, the defendant cannot be compelled to pay interest on death benefits payable to the plaintiffs. Undoubtedly, there is no agreement for payment of interest but the duty is cast upon the defendant to pay the amount within a reasonable time and the defendant cannot take advantage of its own laches to avoid payment of interest and payment of interest is only to compensate the loss sustained by the party who is entitled to receive the amount. Even in the absence of any agreement for payment of interest from the date of demand, the defendant is liable to pay interest in view of Section 3 (1) (b) of Interest Act, 1978 (for short, 'the Act of 1978'), which reads as follows:

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"3. Power of Court to allow interest.

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(1) …………………..

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(a) …………………..

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(b) If the proceedings do not relate to any such debt, then from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings;

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Provided that where the amount of the debt or damages has been repaid before the institution of the proceedings, interest shall not be allowed under this Section for the period after such repayment."

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In the instant case on hand, claim was made as early as in the month of December, 1977, but it was not settled and the delay is only attributable to the defendant alone but not to the plaintiffs because the defendant did not

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insist for production of estate duty clearance certificate at the earliest point of time but insisted at a belated stage i.e. after 7 years from the date of claim. In such a case, certainly the defendant is liable to pay interest from the date of demand till the date of realization at market rate.

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15. In the instant case on hand, the trial Court awarded interest at 12% though the claim was at 18% from the date of suit till realization. If the principle laid down under Section 3 (1) (b) of the Act of 1978 is applied, the plaintiffs are entitled to claim interest from the date of demand. Therefore, the trial Court awarded interest only from the date of plaint till the date of realization and it is advantageous to the defendant. According to Section 3 (1) (b) of the Act of 1978, the plaintiffs are entitled to claim prevailing rate of interest as on the date of claim but no material is brought on record by the plaintiffs to prove that the prevailing rate of interest was 18% or 12% as on the date of claim. However, in the evidence of D.W.1, it was admitted that minimum bank lending rate of interest is 9%. In the absence of any other evidence brought on record, the oral admission of D.W.1 is to be accepted and prevailing rate of interest at 9% on the date of claim is to be accepted. Hence, in view of Section 3 (1) (b) of the Act of 1978, the plaintiffs are entitled to prevailing rate of interest on the date of claim i.e. 9% as admitted by D.W.1 but the trial Court did not look into the provisions of Interest Act while awarding interest and committed an error in awarding interest at 12%. Strictly adhering to Section 3 (1) (b) of the Act of 1978, I find that it is appropriate to award interest @ 9% from the date of suit till the date of realization in viewof the clear admission regarding prevailing market rate of interest in the evidence of D.W.1.

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Though learned counsel for the defendant raised several contentions regarding agreement for payment of interest, delay and laches attributable to the defendant, those contentions cannot be sustained because of the

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conduct of the staff of the defendant in processing the claim and causing delay and made the plaintiffs, who are the members of bereaved family of Hanumantha Rao, suffer for a long period and such sufferance cannot be compensated by granting meager amount by way of interest. However, the Court has no option except to grant interest strictly adhering to the provisions of the Act of 1978.

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16. On overall consideration of entire material, I find no substance in the contentions raised by learned counsel for the appellants and consequently, I find no illegality in awarding interest but committed an error in awarding interest @ 12% ignoring Section 3 (1) (b) of the Act of 1978. Therefore, the impugned decree and judgment is modified reducing the rate of interest from 12% to 9%. Accordingly, the point is answered.

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17. In the result, the appeal is allowed in part reducing the rate of interest from 12% p.a. to 9% p.a. on the amount due to the plaintiffs while maintaining the other part of the decree. Pending miscellaneous petitions in this appeal, if any, shall stand closed in consequence. No order as to costs.

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M.SATYANARAYANA MURTHY, J. Date: 11-04-2014. JSK

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[1] AIR 1990 SC 2177

K.Kamalavathi v. The State Bank of India

Case brief

What is this about?

What did the court decide?

K.Kamalavathi v. The State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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