The Present Execution Case Is Pending For Adjudication On The Issue Of Interest To Be Paid By Judgement Debtor To The Decree Holder.
As Per The Order Dated 29.10.2013 The Following Award Was Passed In Favor Of The Decree Holder And Against The JD Company.
1.Make Regular Inspections And Ensure That Its Main Water Line In The Building In Question Is Not Interfered With.
2. Raise A Water Bill On The Complainant On Consumption Basis After Taking A Period Of 6 Months For The Purpose Of Assessment. The OP Shall Not Be Levy Any Late Payment Charges/Surcharge On The Said Bill.
3. Pay To The Complainant A Sum Of Rs.5000/- As Cost Of Litigation.
The Above Amount Shall Be Paid By OP To The Complainant Within 30 Days From The Date Of This Order Failing Which OP Shall Be Liable To Pay Interest On The Entire Awarded Amount @ 10% Per Annum From The Date Of This Order Till The Date Of Payment. If OP1 Fails To Comply With The Order Within 30 Days, The Complainant May Approach This Forum U/S 27 Of The Consumer Protection Act, 1986.
The Judgment Debtor Paid A Sum Of Rs.5000/- Awarded By This Commission Vide Its Order Dated 29.10.2013 On 22.12.2020 To The Decree Holder And Thereafter Paid A Sum Of Rs.5136/- On 24.11.2022 On Account Of Interest Accrued For Non-Payment Of The Awarded Amount To The Decree Holder Within The Period Granted By This Commission.
Admittedly, The JD Had To Pay The Decretal Amount To The DH Within 30 Days Of The Date Of Order I.E 29.10.2013. JD Failed To Pay The Awarded Amount Within Time And Finally Paid The Same On 22.12.2020 To The Decree Holder That Too Without Any Interest Despite The Direction Issued Vide Order Dt. 29.10.2023. The JD Paid The Interest To The Decree Holder For The Period From 29.10.2013 To 22.12.2020 I.E Till The Date Of Payment Of Awarded Amount For A Sum Of Rs.5136/- On 24.11.2022.
The JD Is Very Well Aware That It Had To Pay The Interest On The Awarded Amount To The DH But Intentionally Withhold The Same And Pay Interest To The Decree Holder After Two Years Of The Payment Of Litigation Cost Of Rs.5000/-. Hence, We Are Of The Considered View That Decree Holder Is Entitled For Interest @ 10% Per Annum From 22.12.2020 To 24.11.2020 On Account Of Delay In Payment Of Interest To The Decree Holder .
In View Of The Above Discussion , We Direct JD To Pay To The DH Interest @ 10% Per Annum On 5,000/- From 22.12.2020 To 24.11.2022. With The Above Observation Present Execution Petition Stands Disposed Off.
The Above Amount Shall Be Paid By JD To The Complainant Within 30 Days From The Date Of This Order. If JD Fails To Comply With The Order Within 30 Days, The Complainant May Approach This Forum U/S 27 Of The Consumer Protection Act, 1986.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member