STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.
(Exercising the powers of Judicial Magistrate 1st Class conferred under Section 72 (2) of the Consumer Protection Act, 2019).
Execution Application No.35 of 2022
In
Consumer Complaint No.33 of 2011
Date of institution: 06.05.2022
Date of Decision : 10.03.2023
Ghazala Qadri wife of Dr. Zafar Zahir, Resident of H.No.95, New Rajguru Nagar, Ludhiana.
....Decree Holder
Versus
1. Franklin Templeton Asset Management (India) Private Limited Level 4, Wockhardt Towers, Bandra-Kurla Complex, Bandra (East) Mumbai 400 051, through its Managing Director.
Email: 2. Principal Officer, Franklin Templeton Asset Management (India) Private Limited Address: Level 4, East Wing Wockhardt Towers, Bandra Kurla Complex, Bandra (East) Mumbai 400 051, Telephone No.: +91 2267519100.
3. Sh. Lokesh Miglani (agent code ARN 4972) C/o Manager, Franklin Templeton Asset Management (India) Private Limited Level 4, Wockhardt Towers, Bandra-Kurla Complex, Bandra (East) Mumbai 400 051.
4. Sh. Sumit Mahajan Branch Manager, Franklin Templeton Asset Management (India) Private Limited C/o Manager Franklin Templeton Asset Management (India) Private Limited, Level 4, Wockhardt Towers, Bandra-Kurla Complex, Bandra (East) Mumbai 400 051.
……Judgment Debtors
Execution Application under Section 72 of the Consumer Protection Act, 2019
Quorum:-
Mrs. Kiran Sibal, Presiding Member
Present:-
For the DH : Ms. Rupali S. Verma, Advocate
For JD No.1 : Sh. Inderjit Kaushal, Advocate
KIRAN SIBAL, PRESIDING MEMBER:
Learned counsel for the JD No.1 has stated that JDs have already deposited the amount of Rs.9,53,500/- with this Commission and further paid the remaining outstanding amount of Rs.5,35,370.31 to the DH and complied with the order under execution, which has been modified by the Hon’ble National Commission, vide order dated 11.12.2019, which is reproduced as under:-
“15. On the basis of the above discussion, the first appeal No.1191 of 2014 is partly allowed and the order dated 21.05.2014 of the State Commission is modified to the extent that an amount of Rs.17.07 lacs shall be reduced to Rs.10,00,000/- (Rupees ten lacs only), which is compensation for the deficiency in service on the part of the appellants. Similarly, the amount of compensation awarded by the State Commission is also reduced from Rs.2 lacs to Rs.50,000/-(rupees fifty thousand only)…..”
The Learned counsel for the Decree Holder submits that the amount deposited with this Commission be released to the DH along with interest accrued thereon and this application be disposed of accordingly. Learned counsel for JD No.1 has stated at bar that JD No.1 has no objection if the amount be released to the DH along with interest accrued thereon.
In view of the above, the present execution application is disposed off. Registry is directed to release the amount deposited in this Commission in CC No.33 of 2011 along with interest thereon to the Decree Holder.
(KIRAN SIBAL)
PRESIDING MEMBER
March 10, 2023.
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