interest payment on refund amount from court

825 votes

Hi, Your lawyer’s advice is not fully correct. If the court has already ordered refund with interest, you are legally entitled to it — even if the amount was not deposited in a bank. That is an internal issue of the court/department, not your fault. You can File an Execution Petition (EP) to enforce the refund order with interest , Seek appropriate interest/compensation for long delay (2008–2025) , If payment is denied or limited, you can approach the High Court challenging non-compliance Courts have held that a person cannot be made to suffer due to administrative lapse. So you are not restricted to just the principal amount. There is a strong remedy available. Let me know if you want to proceed with execution or draft petition.

Advocate Sathish Kumar Meshapam LawRato

764 votes

I am sure he is misleading you in fact it is the duty of the court to deposit in bank(attached bank) now instead of your advocate you hire an advocate and tell him to charge the in percentage... definitely they have to give with interest the total amount....

Advocate Katla Vijaykumar LawRato

655 votes

The advice given to you is incorrect and legally unsustainable. Once the court has declared the sale invalid and directed refund “with interest,” you are legally entitled to full restitution, not merely the principal amount. The failure of the court/office to deposit or manage the funds cannot prejudice your rights. You should immediately take the following steps: 1. File an Execution Petition seeking enforcement of the decree specifically for refund with interest as ordered. 2. If the decree is silent/ambiguous on interest, file an application for clarification/modification seeking appropriate interest for the entire period (2008–2025) on principles of restitution. 3. Move an application placing on record that the amount was not deposited/handled properly and seek accountability of the concerned court office/authority. 4. In appropriate circumstances, you may also invoke writ jurisdiction for administrative lapse causing financial loss. The doctrine of restitution mandates that you be placed in the same financial position as if the sale had never occurred. Accepting only the principal would defeat this settled principle. Do not accept a reduced settlement. Enforce the decree strictly and pursue full lawful recovery with interest.

Advocate Pavani Kumari LawRato