NCDRC

NCDRC

RP/2744/2016

CENTRAL BANK OF INDIA - Complainant(s)

Versus

ANIL KUMAR & 2 ORS. - Opp.Party(s)

MR. ANUJ JAIN

04 Mar 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2744 OF 2016
 
(Against the Order dated 17/05/2016 in Appeal No. 995/2015 of the State Commission Haryana)
1. CENTRAL BANK OF INDIA
OFFICE AT CHANDERMUKHI, NARIMAN POINT,
MUMBAI-400021
MAHARASHTRA
...........Petitioner(s)
Versus 
1. ANIL KUMAR & 2 ORS.
S/O. SH. SAJJAN SINGH, R/O. BEHIND CANAL COLONY, SINGHANA ROAD, NARNAUL,
DISTRICT-MAHENDERGARH
HARYANA
2. HOUSING BOARD HARYANA
THROUGH ITS MANAGING DIRECTOR,
PANCHKULA
HARYANA
3. MANAGER, HOUSING BOARD HARYANA
H.NO. 77-A, OPPOSITE OLD SESSIONS HOUSE, OLD HOUSING BOARD COLONY,
REWARI
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER
 HON'BLE MR. C. VISWANATH,MEMBER

For the Petitioner :
Mr S K Tiwari, Proxy Counsel for
Mr Anuj Jain, Advocate
For the Respondent :
For Respondent no.1 Mr Varun Gupta, Advocate
For Respondent nos.2 & 3 Mr Hemant Gupta, Advocate with
Mr Jagdish Verma, Estate Manager

Dated : 04 Mar 2020
ORDER

Learned counsel for the petitioner states that vide order dated 17.05.2016, of the State Commission the petitioner has been asked to refund the amount of Rs.1,57,000/- to respondent no.1/ complainant along with 8.5% per annum interest. It has now been found that the amount was lying with respondent nos.2 and 3, i.e., Haryana Housing Board. It is further stated that the Estate Manager of Haryana Housing Board, Rewari is present to verify the same.

2.     Learned counsel for respondent nos.2 and 3 states that the amount deposited by respondent no.1/ complainant through Central Bank of India is lying with respondent no.2 & 3 and the respondent nos.2 and 3 are ready to hand over the cheque of refund of the amount along with interest @ 5.5% per annum which is mentioned in the booklet.

3.     As the amount was lying with respondent nos.2 and 3, the deficiency on the part of respondent nos.2 and 3 is self evident. Even the interest awarded by the State Commission @ 8.5% per annum seems reasonable. Accordingly, the revision petition no.2744 of 2016 is allowed and order of State Commission dated 17.05.2016 is modified to the extent that instead of the petitioner, Central Bank of India, the Haryana Housing Board will pay Rs.1,57,000/- along with interest @ 8.5% per annum to the complainant.

4.     In the interest of justice and to put an end to the litigation, it is ordered that the order of the State Commission be complied by respondent nos.2 and 3. Today, the learned counsel for respondent nos.2 and 3 has handed over a cheque bearing no. 861303 dated 03.03.2020 for Rs.2,31,971/- to Mr Varun Gupta, learned counsel for respondent no.1/ complainant to be given to the complainant and the remaining amount shall be paid by respondent nos.2 and 3 within a period of 45 days.

               

 
......................
PREM NARAIN
PRESIDING MEMBER
......................
C. VISWANATH
MEMBER

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