| Execution Application No. EA/33/2017 | | ( Date of Filing : 15 Mar 2017 ) | | In | | CC/204/2013 |
| | | | 1. Dr.Gayatri Navada | | W/o Prof. A.V. Navada, age: 60 years, R/at No.301, Abode, Kalpana Road, Vasalene, Mangalore-2. Rep. by Spl. PA Holder Prajna Ammembala D/o Prof. A.V. Navada Age:36 years, Occ:Service, R/at No.7, 1 A Main Road, 2nd Cross, Shivajinagar, Rajajinagar, Bengaluru-10. |
| ...........Appellant(s) | |
| Versus | | 1. Gnanambal | | W/o late K.Shanmugam, Aged about 73 years, since dead by LR, JD No.4 Malini Shivashankar | | 2. Vijaya K.Kadirvelu | | W/o late K.Kadrivelu, Aged about 63 years,R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | | 3. K.Thangavelu | | S/o late Krishnaswamy Pillai, aged about 70 years,R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | | 4. Malini Shivashankar | | W/o late Shivashankar aged about 53 years,R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | | 5. S.Girija | | W/o late K.Shivaganam aged about 53 years R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | | 6. Sanjana Group | | No.1616, 8th Main, Jayanagar 3rd Block, III Phase, III Stage, Bengaluru-560 011. Rep.by its Proprietor V.Subramani |
| ...........Respondent(s) |
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| Final Order / Judgement | BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. DATED THIS THE 21st DAY OF JUNE 2021 PRESENT MR. RAVISHANKAR : JUDICIAL MEMBER MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER EP.NO. 33/2017 Decree Holder/s | 1 . Dr.Gayatri Navada .
W/o Prof. A.V. Navada, age: 60 years, R/at No.301, Abode, Kalpana Road, Vasalene, Mangalore-2. Rep. by Spl. PA Holder Prajna Ammembala D/o Prof. A.V. Navada Age:36 years, Occ:Service, R/at No.7, 1 A Main Road, 2nd Cross, Shivajinagar, Rajajinagar, Bengaluru-10.
(By Laxmi Kanth) |
Judgement Debtor/s | 1 . Gnanambal .
W/o late K.Shanmugam, Aged about 73 years, since dead by LR, JD No.4 Malini Shivashankar
(By BD-2, 6-Venkatesh, RR &1,3,4-Svd,5-DB) |
2 . Vijaya K.Kadirvelu
W/o late K.Kadrivelu, Aged about 63 years,R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | 3 . K.Thangavelu
S/o late Krishnaswamy Pillai, aged about 70 years,R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | 4 . Malini Shivashankar
W/o late Shivashankar aged about 53 years,R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | 5 . S.Girija
W/o late K.Shivaganam aged about 53 years R.at No.15, Krishna Mahal, 5th Main Road, Srirampura, Bangalore-560 021. | 6 . Sanjana Group
No.1616, 8th Main, Jayanagar 3rd Block, III Phase, III Stage, Bengaluru-560 011. Rep.by its Proprietor V.Subramani |
18.06.2021 ORDER BY SRI RAVISHANKAR, JUDICIAL MEMBER 1. The DHR filed memo of calculation. As per the memo of calculation of the DHR, the JDR is still in due of Rs.17,14,350/- and prays for payment of balance amount and also filed a copy of the Order passed in First Appeal No.1645/2019 dt.16.08.2019 wherein it is held that; “IA.No.13250/2019 is an application for stay of the impugned order of the State Commission. Stay is granted subject to appellant depositing he entire decretal amount with updated interest, if any, with the State Commission within a period of four weeks. This amount, if deposited shall be kept in a fixed deposit initially for a period of one year renewable from time to time. If the amount is not deposited, stay would be vacated automatically.” Based on that Order, the DHR prays the balance interest amount upto date. On the other hand, the advocate for JDR has filed memo of calculation stating that they have complied the order passed by the State Commission and also by the Hon'ble National Consumer Disputes Redressal Commission. Accordingly, they have paid the entire amount and there is no any order passed against them to pay interest up to date. Hence, prays to close the Execution Petition. 2. Heard both sides. 3. As per the previous order sheets and office note, we noticed that as on 15.03.2021, the JDR had paid Rs.67 lakhs and on 15.03.2021, he paid the balance amount of Rs.4,50,150/- in total paid Rs.71,40,150/- which is decretal amount with interest. 4. There is no any specific order for payment of the up to date interest from the Hon'ble National Consumer Disputes Redressal Commission. As per the observation made by the Hon'ble National Consumer Disputes Redressal Commission, it is only suggested that updated interest has to be paid that means to say that the accrued interest as per the order passed by this Commission and not beyond that. Hence, the claim made by the DHR is no basis. Hence, we are of the opinion that the JDR has complied the Order passed by this Commission. Accordingly, the Execution Petition is closed. Sd/- Sd/- MEMBER JUDICIAL MEMBER KCS* | |
