Oral Order: (R. Lakshmi Narasimha Rao, Incharge President)
This is a petition filed by the petitioner/complainant U/s,.27 of Consumer Protection Act, 1986 to punish the respondents for non compliance of the order of this Commission.
This Commission partly allowed the complaint vide orders dated 23-3-2007 directing the O.P.s to pay Rs.20,98,952/- with interest @ 6% pa. from the date of repudiation i.e.25/7/2003 till the date of realization together with costs of Rs.5,000/- to be paid within a period of six weeks failing which the said sum shall carry interest at 9% p.a. thereafter.
Aggrieved by the orders of this Commission, Ops filed FA 389/2007 and complainant filed FA 520/2007 before the Hon’ble National Consumer Disputes Redressal Commission and National Commission by order dated 08-4-2013 dismissed the appeal filed by opposite parties and partly modified the order of this Commission in FA 520/2007 directing the opposite parties to pay Rs.23,70,611/- with interest @ 9% p.a. from the date of repudiation till the date of realization together with costs of Rs.5,000/-. Further the National Commission observed that the Opposite parties already deposited a sum of Rs.10,24,606/- and ordered that the amount along with accrued interest be released in favour of the complainant and the opposite parties were directed to pay the balance amount with 9% p.a. interest to the complainant.
The opposite parties deposited an amount of Rs.25,04,221/- and the complainant stated that pursuant to the orders of National Commission, he has received Rs.14,70,865/- and filed calculation memo wherein he arrived at Rs.27,34,614 as balance amount to be paid upto 25-7-2013 and filed memo of part satisfaction.
Thereafter, the petitioner filed E.A.I.A.No.1850/2013 to issue cheque for Rs.25,04,221- with accrued interest if any and this Commission by order dated 21-8-2013 directed to issue cheque for the said amount in favour of the petitioner.
Heard both sides.
The counsel for the petitioner filed calculation memo seeking balance amount calculating interest at 9% p.a. as per the order of National Commission dated 08-4-2013. The calculation memo of the petitioner is as follows:
Award amount as per the order in First
Appeal 389/07 on the file of NCDRC Rs.23,70,611/-
Add interest thereon at 9% p.a. on 23,70,611
From 25-7-2003 to 09-10-2007 (DD date) Rs 8,97,868/-
Total amount payable upto 09-10-07 Rs.32,68,479/-
Amount paid through DD number 089141
Dated 09/10/2007 Rs. 9,00,000/-
Amount paid through DD number 089142
Dated 09/10/2007 Rs. 5,70,865/-
Balance amount due upto 9-10-2007
is Rs.32,68,479 – Rs.14,70,865/-= Rs.17,97,614/-
Add interest thereon at the rate of 9% p.a.
From 09-10-07 to 25-7-13 i.e. 9 months 16 daysRs. 9,37,000/-
Total amount due as on 25-7-2013
Rs.17,97,614/- + Rs.9,37,000/- =Rs.27,34,614/-
Amount deposited on 25-7-2013 Rs.25,04,221/-
Balance amount due is
Rs.27,34,614 – Rs.25,04,221 = Rs. 2,30,393/-
Costs Rs.5,000/- + Rs.5000/- Rs. 10,000/-
Total amount due Rs.2,30,393 + R.10,000/- Rs. 2,40,393/-
The respondents opposed the same and the calculation memo filed on behalf of the respondents reads as follows:
Amount liable to be paid as per order
Add interest @ 9% p.a. on
Rs.10,24,606/- (Paid) from
25-7-2003 to 09-10-2007 Rs. 3,88,070/-
Add interest @ 9% p.a. on
Rs.13,46,005/- (Rs.23,70,611 – Rs.10,24,606)
From 25-7-2003 to 25-7-2013Rs.12,11,405/-
Add costs Rs. 5,000/-
No.089141 dt.09-10-2007 Rs. 9,00,000/-No.089142 dt.09-10-2007 Rs. 5,70,865/-No.312773 dt.25-7-2013Rs.25,04,221/- ---------------
We have perused carefully and gone through the calculation memos filed by both the parties.
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The calculation memo filed of the respondents show that accurate interest has been calculated in terms of the order of the National Commission as also a sum of Rs.5,000/- awarded towards costs by this Commission has been added to the amount. We do not find any discrepancy in the calculation of the amount made by the respondents and as such the E.A. is liable to be closed. In the result the E.A. is terminated. There shall be no separate order as to costs.