NCDRC

NCDRC

RP/3350/2009

ALLAHABAD DEVELOPMENT AUTHORITY - Complainant(s)

Versus

GORAKH NATH MISHRA - Opp.Party(s)

MR. RAKESH U. UPADHYAY

23 Mar 2010

ORDER

Date of Filing: 07 Sep 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3350/2009
(Against the Order dated 17/03/2009 in Appeal No. 2678/2006 of the State Commission Uttar Pradesh)
1. ALLAHABAD DEVELOPMENT AUTHORITYThe Secretary, Allahbad Development AuthorityAllahabad ...........Appellant(s)

Vs.
1. GORAKH NATH MISHRAR/o 22, Abhinav Housing Complex, Alto ParivarimGoa-403521 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 23 Mar 2010
ORDER

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Delay of 39 days in filing revision is condoned. Challenge in this revision by the opposite party – authority is to the order dated 17th March 2009 of Consumer Disputes Redressal Commission Uttar Pradesh, Lucknow, whereby the order of the District Forum dated 28th August 2006 was modified increasing the rate of interest on the deposited amounts from 9% to 15% p. a and setting aside award of compensation, towards mental agony etc. Short submission advanced by Shri Upadhyay is that against the order of District Forum, the respondent/ complainant had not filed any appeal. State Commission thus could not have legally enhanced the rate of interest from 9% to 15% p a on amount of Rs.90,020/-. It may only be noted that the District Forum had allowed the complaint with direction to the petitioner authority to refund the deposited amount along with interest @ 9%, pay Rs.3000/- towards expenses, Rs.5000/- as compensation for mental agony and cost of Rs.2000/-. Having heard the respondent, we are in agreement with the submission advanced on behalf of petitioner authority that the State Commission has committed illegality in increasing the rate of interest from 9% to 15% p a in absence of appeal by the respondent. At the same time the authority cannot take advantage of the setting aside of the part of the order of the Forum as regards award of compensation etc. In our view, interest of justice will be met if the order of District Forum is restored. Order accordingly. On instruction from the authority Shri Upadhyay states that authority has deposited the awarded amount with the District Forum. In case the amount deposited falls short of this modified order, the balance be deposited with the District Forum within four weeks by the authority. District Forum will release the deposited amount in favour of the respondent. No order as to cost.


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER