NCDRC

NCDRC

RP/4310/2012

INDIAN RAILWAYS WELFARE ORGANISATION - Complainant(s)

Versus

ANIMESH RANJAN - Opp.Party(s)

MR. A.K. TEWARI

09 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4310 OF 2012
 
(Against the Order dated 31/07/2012 in Appeal No. 26/2012 of the State Commission Delhi)
1. INDIAN RAILWAYS WELFARE ORGANISATION
Through The Manager Director), Railway Complex, Behind Shankar Market, Near Minto Bridge,
NEW DELHI - 110001
...........Petitioner(s)
Versus 
1. ANIMESH RANJAN
4 Eklavya Apartments, Sector-13, Rohini
DELHI - 110085
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. A.K. Tewari, Advocate
For the Respondent :
Mr. Sandeep Khatri, Advocate

Dated : 09 Oct 2013
ORDER

PER JUSTICE J.M. MALIK, PRESIDING MEMBER

 

1.      Counsel for the parties heard.

2.      The petitioner has filed an affidavit wherein it is stated that they are ready to pay the sum of Rs. 45,000/-.  The same is reproduced as follows:

         

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“I say in view of the above and as the position stands today in terms of the Resolution No. 288 dated 02.08.2012 of the petitioner society, the complainant/respondent is only entitled to a refund of Rs. 45,000/- after deducting a sum of Rs. 25,000/- as per the provision of Rule 20.6(ii) on unconditional withdrawal from the Scheme, and not Rs. 70,000/- as awarded / ordered by the District Consumer Forum, New Delhi in terms of the impugned judgment dated 16.02.2012.  I say as per the records of the petitioner herein total amount recoverable from the complainant/respondent is Rs. 6,33,457, as reflected in the calculation sheet enclosed hereto annexed as Annexure A-10”.

 

3.      Learned counsel for the respondent submits that the respondent/complainant  should be given Rs. 45,000/- with interest from the date of deposit of the said amount and some compensation. 

4.      As per this agreement, it is hereby, ordered that the petitioner / opposite party will pay a sum of Rs. 45,000/- with interest @ 9% from the date of deposit  till its realization within sixty days or else, it will carry interest @ 11% till its realization.  Costs of Rs.  5,000/- are also awarded in favour of the complaint because when the opposite party agreed that

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it was ready to pay Rs. 45,000/- they should have sent a cheque in his favour from the very start.  There is some kind of harassment and mental agony for which the compensation is being granted.  The amount already deposited by the petitioner along with accrued interest can be withdrawn after the payment of the amount.

          The revision petition is disposed of accordingly.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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