BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE (ADDL. BENCH)
DATED THIS 23rd DAY OF APRIL 2024
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
EXECUTION APPLICATION NO. 90/2022
1. | Mrs. Shalini, D/o. Sri. B.Ramanna Major, R/at Arakere, Srigangapatna Taluk, Mandya District-571415. | ....Decree Holders |
V/s
1. | The Managing Director Canara Bank Head Office, J.C. Road Bangaluru – 560002. | …… Judgment Debtor/s |
2. | The Manager Canara Bank Arakere-571415 Srirangapatna Taluk Mandya District. |
O R D E R
BY SMT. SUNITA.C.BAGEWADI, MEMBER
Heard on memo
Advocate for DHR files memo of calculation and submitted that JDR’s is still liable to pay balance amount of Rs.32,192/-.
2. Per contra advocate for JDR’s submitted that the JDR’s have filed review application before this Commission wide order dated 21.02.2023 but, this Commission has dismissed the review application. Accordingly JDR has comply the order passed by the Commission by paying the amount as per the order of this Commission. Totally JDR’s have paid Rs. 9,09,688/- which includes principle amount of Rs. 5,00,000 plus interest of Rs. 3,84,688/- (9% from 04.08.2014 to 18.3.2023) plus Rs.25,000/- litigation cost and the same was accepted by the DHR.
3. On perusal of the order-sheet we noticed that JDR’s have deposited 50% of the award amount before this Commission i.e. Rs. 2,62,500/- on 30.01.2023 and remaining balance amount of Rs. 6,47,188/- deposited along with interest on 18.03.2023 and filed a memo of calculation. Totally JDR’s have deposited sum of Rs.9,09,688/- as per the order of the District Commission and same was received by the DHR. Perused the memo filed by the DHR has claimed the additional difference amount of Rs.22,192/- that is difference in interest (9% from 31.01.2023 to 18.03.2023) plus advocate fees of Rs. 16,109/- plus present execution cost of Rs. 3,000/- which is not in accordance with the law. Execution is only the compliance of the order passed by the commission and as per the order, the JDR has deposited the amount along with interest and cost hence, now the DHR cannot claim the additional advocate fees and execution cost. Hence, considering the facts and discussion made here we are of the opinion that DHR is not entitle for Rs. 22,198/- from JDR’s. Accordingly, we proceed to pass the following:-
O R D E R
The Execution Application is dismissed with no order as to costs.
Send a copy of this order to both parties.
(Sunita .C. Bagewadi) (Ravishankar)
Member Judicial Member
ARD*
