File writ petition in HC to direct postal authorities to make Re payment on basis of POA executed by son and DIL
Right on Power of Attorney
My son and daughter-in-law have NSCs worth Rs.1.54 lakhs due for repayment in 2019. The are NRIs from 2015 and the investments were made when they were Residents in 2013/2014. When leaving the country they have given me a POA for discharging for the purpose of obtaing loan on their behalf and also for reinvesting. The DEA notification of 2017 dt. 03/10/2017 prohibits NRI from investing in NSC. Hence as a POA holder, I demand repayment of the NSC by way of a cheque in the names of the joint holders so that the repayment can be received by us. The Postal authorities refuse to accept the POA quoting their mannual saying the POA can be issued only by Lepers, Invalids and Disabled. Sections 30 and 50 of the Post Office (CBS) manual is clear in accepting POA. However, Section 50 enumerates the way the Postal authorities should deal in case of the POA issued by Lepers, etc. The Postal authorities mis interpret this clause and refuse the POA issued by a commoner.
Asked 4 years ago in Business Law
8 Answers
Is there any other way of solving my problem than going for legal remidy. the matter is pending for the last one yrar.
Asked 4 years ago
You can issue legal notice to postal authorities to make repayment
if they refuse file writ petition in HC
You can file an application under RTI and get the reply, based on the same you can go to higher authorities or in high court under writ petition. You can also try to post the same in twitter for justice
Send them legal notice. Excuse of PO is foolish and without application of mind. File civil suit in court for direction to release amount to you. You are duly authorize to act on their behalf.
legal action is the only way, you can file writ petition in high court .
If you strongly feel that the reply given by the postal authorities are not in accordance with the provisions of law and if there is any contrary opinion to the law in this regard you may first issue a legal notice to them demanding your dues as per law, if they still insist on their own misinterpretation of law then you may file a case agaisnt them before consumer forum for compensation and the claim amount for deficiency in service and unfair trade practice.
You can wait for one year or more without initiating any legal action but you do not want to take any legal action.
If the situation continues you may not get any relief, hence you are advised to take steps legally if at all you want the desired relief.
1. You have to opt legal remedy to solve the problem if postal authorities are refusing to repay NSCs.
2. You should file writ petition in High court against postal department.
