DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB. Execution Application No. : 39/2015 Date of Institution : 24.08.2015 Date of Decision : 11.07.2017
1. Mandeep Kaur wife of Rajvir Singh. 2. Rajvir Singh s/o Mohinder Singh, both residents of H. No. B-XI-2369, Opp. New Bus Stand Road, Near YS School, Barnala, Tehsil and District Barnala. …Complainants/Applicants Versus HDFC Bank Ltd., College Road, Barnala through its Branch Manager. …Opposite Party/Respondent Execution under Section 25 of the Consumer Protection Act. Present: Sh. RK Singla counsel for complainants/applicants. Sh. AK Jindal counsel for opposite party/respondent. Quorum.- 1. Shri Suresh Kumar Goel : President. 2. Ms. Vandna Sidhu : Member 3. Shri Tejinder Singh Bhangu : Member
ORDER (SHRI TEJINDER SINGH BHANGU MEMBER): This order shall dispose of an Execution Application under Section 25 of the Consumer Protection Act (hereinafter referred as Act) filed by the complainant/applicant on 24.8.2015 in the case titled “Mandeep Kaur and another Vs HDFC Bank Limited.” 2. In the said Execution Application, the applicant/ complainant alleged that the applicant filed a complaint No. 114/2010 and same was allowed by this Forum on 1.2.2011 directing the opposite party to pay interest @ 9% per annum from the date of remittance i.e. 26.10.2009 on an amount of Rs. 5,35,271/- till payment. The opposite party is further burdened with the amount of Rs. 25,000/- as compensation. 3. It is further alleged that the opposite party/respondent filed an Appeal No. 507 of 2011 before the Hon'ble State Commission, Punjab, Chandigarh which was dismissed vide order dated 24.3.2015. Thereafter, the applicant has not received any stay order from any Hon'ble Appellate Court till date. They have finally prayed that opposite party/respondent be directed to comply with the orders and prosecute them as per law. 4. Upon notice of this Execution Application the respondent appeared through Sh. AK Jindal Advocate who filed power of attorney on behalf of respondent. The respondent has not filed any reply to the present Execution Application but made payments and orally prayed for the dismissal of the present application. 5. We have heard the learned counsel for the parties and have gone through the record on the file. 6. Both the counsels has placed on record their calculation sheets. Calculation sheet qua the interest due of the applicant/complainant is as.- “Complaint was allowed with a direction to the respondent to pay interest @ 9% on Rs. 5,35,271.61 from the date of deposit i.e. 26.10.2009 and Rs. 25,000/- as litigation expenses. The respondent deposited an amount of Rs. 5,10,747.93 on 10.8.2010 (Rs. 25,000/- litigation expenses deposited in State Commission by opposite parties). Detail of interest is as under.- 1. 26.10.2009 to 10.8.2010 = 284 days x 133.82 interest per day @ 9% = Rs. 38,004/- 2. Interest on Rs. 25,000/- from 26.10.2009 to 10.1.2016 = 6 years 3 months @ 9% = Rs. 14,052/- Total Rs. 38,004/- + Rs. 14,052/- = Rs. 52,056/- Amount already paid Rs. 27,076/- + 11,925/- = 39,001 Balance amount Rs. 52,056 – 39,001 = Rs. 13,055/- 7. The opposite party bank has placed on record the following calculation sheet.- “The detail of payment and interest of the amounts to the Mandeep Kaur applicants submitted as under.- Date of remittance amount 26.10.2009 Rs. 5,35,271/- Date of deposit amount 10.8.2010 Rs. 5,10,743.93 paise Difference amount Rs. 25,000/- INTEREST Interest paid on remittance amount from Rs. 38,137/- 26.10.2009 to 10.8.2010 @ 9% per annum (287 days) upon Rs. 5,35,271/- Interest from 11.8.2010 to 6.1.2016 Rs. 12,187.50 p 9% per annum (64 months 27 days) upon Rs. 25,000/- difference amount Costs awarded Rs. 25,000/- Total Rs. 75,324.50 p Amounts paid to Mandeep Kaur etc. Amount received from State Commission Rs. 36,200/- by Mandeep Kaur etc. Interest amount's cheque Rs. 27,076/- Again cheque of interest amount Rs. 11,975/- Total paid Rs. 75,251/- 8. Perusal of the calculation sheets placed on record by the bank/respondent shows that the bank has not given any interest on the costs of Rs. 25,000/- awarded by the Forum. Perusal of the order passed by this Forum dated 1.2.2011 in the concluding para it is specifically mentioned that the opposite parties are further awarded the consolidated amount of Rs. 25,000/- as compensation and opposite parties are further directed to pay the same within 30 days from the date of communication. 9. During the arguments it is submitted by the learned counsel for the opposite parties that no interest has been awarded by this Forum on this costs of Rs. 25,000/- awarded by this Forum. However, perusal of the order dated 1.2.2011 of this Forum shows that the compensation amount of Rs. 25,000/- was to be paid within 30 days. 10. Perusal of record further shows that the final payment has been made by cheque dated 5.12.2015 for Rs. 27,076/- and another balance payment of Rs. 11,925/- vide cheque dated 4.1.2016 was paid by the bank. This shows that the amount which was to be paid within the period of 30 days from the date of order i.e. 1.2.2011 was actually paid in the year 2015-16. Therefore, we are of the opinion that the applicant is entitled to the interest on the compensation amount of Rs. 25,000/- in view of the order of this Forum dated 1.2.2011 at the rate of 9% per annum from 1.2.2011 to 4.1.2016 and the respondent is directed to pay the same within 30 days from the date of the receipt of the copy of this order. In case the respondent fails to make the payment of this amount within 30 days the applicant will be entitled for the interest at the rate of 9% per annum from 4.1.2016 till realization. The present Execution Application stands disposed of accordingly. No order as to costs or compensation. Copy of the order be supplied to the parties free of costs. File be consigned to records. ANNOUNCED IN THE OPEN FORUM: 11th Day of July 2017
(S.K. Goel) President
(Vandna Sidhu) Member
(Tejinder Singh Bhangu) Member | 
