DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No. 673/2012
MS. NEERJA,
D/O PROF. RAM PRAKASH,
R/O 212, SUKHDEV VIHAR,
NEW DELHI-110025.
….Decree Holder
Versus
CASTROL INDIA LTD.,
THROUGH ITS CONSTITUTED ATTORNEY
5TH FLOOR, NBCC PLACE,
EAST TOWER, PRAGATI VIHAR,
BHISHAM PITAMAH MARG,
NEW DELHI-110003.
ALSO AT :
VASWANI CHAMBERS
3RD FLOOR, 264/265
DR. ANNIE BESANT ROAD,
WORLI, MUMBAI-400025.
….Judgment Debtor
Date of Institution : 17.12.2012 Date of Order : 28.10.2017
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
This is an execution petition.
We have heard the decree holder and her brother and counsel for the JD and also carefully perused the file.
In order to understand the lis involved in the execution petition, we have to advert to the facts of the case which are not in dispute.
Vide order dated 24.05.2012 in case No.1797/2002 titled as Neerja vs. Castrol India Ltd. and others, our predecessors passed the following order :-
“……We, therefore, direct OP to pay a sum of Rs. 3,80,218/- [Rupees Three lacs eighty thousand two hundred and eighteen only] (out of which complainant suffered loss of Rs. 2,61,750/- due to initial price difference between open offer and the prevailing market price at the disputed rate of Rs. 150/- per share and Rs. 1,18,468/- @ 67.89 per share paid subsequently to the share holders upto the accepted limit of 1745 shares). Besides, OP shall also pay a compensation of Rs. 50,000/- (Rupees fifty thousand only) to the complainant towards mental torture, harassment, agony and Rs. 10,000/- (Rupees ten thousand only) as litigation charges. If the said amount of Rs. 3,80,218/- (Rupees Three lacs eighty thousand two hundred eighteen only) is not paid within a month from the date of receipt of this order, the complainant shall also be entitled to an interest @ 12% per annum, till its actual realization.”
Against this order, JDs filed FA No. 838/2012 before the Delhi State Commission. Vide order dated 22.07.13, the State Commission stayed the operation of the order dated 24.05.2012 subject to the JD’s depositing the FDR for an amount of Rs. 3,50,000/- before the Registrar with a direction that in case the appeal fails, the amount shall be released in satisfaction of the decree to respondent no. 1/ complainant.
It appears that the National Commission in R.P. No. 2108/2013 titled as Castrol India Ltd. vs. Neerja and others extended the time and the JD deposited the amount of Rs. 3,50,000/- in the name of the Registrar of Delhi State Commission on 31.07.2013 by way of FDR carrying interest @ 8.75% for one year and the maturity value was Rs. 3,81,645/-.
The State Commission dismissed FA No. 838/2012 vide its order dated 08.08.2016.
On 05.12.2016, Shri Ashutosh Ahluwalia, brother/AR of the DH filed the copy of statement of account to show that an amount of Rs.4,40,218/- had already been credited in the bank account of the decree holder by the JD on 15.11.2016 by virtue of an order passed by the State Commission.
Thereafter, an application under disposal was filed on behalf of the DH stating therein that an amount of Rs. 1,95,661/- is still payable by the JD to the DH in the following manner till 15.11.2016:-
In Rs.
- Decretal Principal amount 3,80,218/-
- Compensation ordered 50,000/-
- Litigation Cost 10,000/-
- Interest @ 12% on Rs. 3,80,218/- From 1-8-2012 to 15-11-2016 1,95,661/-
Total 6,35,879/-
Less payment received on 4,40,218/-
15.11.16
Net payable on 15-11-16 1,95,661/-
Brief submissions have been filed on behalf of JD No. 1 wherein it is inter-alia submitted that the DH had received a sum of Rs.4,40,000/- by way of interest bearing FDR from the State Commission as full and final payment and without any demur or protest whatsoever and the late filing of application reflects malafide of the DH. According to the JD, JD is liable to pay an amount of Rs. 41823/- to the DH.
Thus, it is crystal clear that the JD had to pay an amount of Rs. 3,80,218/- plus compensation of Rs. 50,000/- plus Rs.10,000/- as litigation charges within a period of one month from date of receipt of the order dated 24.05.2012 failing which the JD was made liable to pay interest @ 12% p.a. till realization on the amount of Rs.3,80,218/-
It is an admitted fact that the JD deposited Rs. 3,50,000/- in the name of the Registrar of the State Commission on 31.07.2013 i.e. much after one month of passing of the order dated 24.05.2012 which carried interest @ 8.75% though the JD had the liability to pay Rs.3,80,218/- towards principal amount besides Rs.50,000/- towards compensation and Rs. 10,000/- towards litigation charges on the date of deposit of Rs.3,50,000/-. Neither of these two amounts have been paid by the JD so far.
At the same time, in our considered opinion, the JD also became liable to pay interest @ 12% p.a. after about 01/08/2012 till 31/07/2013 on the amount of Rs. 3,80,218/- and thereafter @ 3.5% p.a. till 15.11.2016.
This was/ is the legal right of the DH to recover the said amount from the JD. Therefore, withdrawal of Rs. 4,40,218/- by the DH on 15.11.2016 without any protest does not debar the DH from seeking her lawful right for recovery of the remaining amount.
Thus, we hold the JD liable to pay the amount of Rs.50,000/- + Rs.10,000/- and the interest amount to be calculated as per the discussion made hereinabove to the DH within 45 days from the date of receipt of copy of this order failing which the JD shall become liable to pay the interest amount so calculated alongwith further interest @ 12% p.m. from the date of receipt of copy of this order till realization.
Execution application stands disposed of accordingly.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 28.10.17
