In Brief
A property developer disputed a tribunal's order awarding interest to a home buyer on a refunded down payment. The buyer had deposited payments over years but the developer cancelled the allotment and issued a Pay Order for refund on 30 April 2005. The buyer returned it initially but later filed the original instrument with a complaint without requesting court protection of the funds. The Supreme Court held that once a bank instrument is tendered by a debtor (by debiting their account), payment is complete and interest ceases to run. The buyer failed to protect her interests by seeking protective orders for interest-bearing deposit. Applying civil procedure principles, the Court allowed the developer's appeal, holding it cannot be liable for post-tender interest when the buyer negligently failed to secure the amount properly.
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