West Bengal

Rajarhat

MA/37/2022

M/s. Dharitri Infraventure Pvt. Ltd. - Complainant(s)

Versus

Kamini Misra Chaudhuri , W/o. Dr. G. Chaudhuri, - Opp.Party(s)

Mr Santanu Mukherjee

28 Feb 2022

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/37/2022
( Date of Filing : 28 Feb 2022 )
In
Execution Application No. EA/2/2022
 
1. M/s. Dharitri Infraventure Pvt. Ltd.
erg
...........Appellant(s)
Versus
1. Kamini Misra Chaudhuri , W/o. Dr. G. Chaudhuri,
erg
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 28 Feb 2022
Final Order / Judgement

This record is put up by way of put up petition filed by the Jdrs. The said petition is registered as MA 37/2022.

Today the Jdrs. have submitted one Demand Draft amounting to Rs. 11,45,959/- in favour of Kamini Misra Chaudhury in view of order under execution.

This Ld. Commission was pleased to pass the final order in the CC/180/2019 dated 20.12.2021 directing the Jdrs/ Ops to pay 9,00,000/- along with interest @ 10% per annum with effect from 01.04.2018 till realization. Compensation was allowed in favour of the Dhrs./complainants for Rs. 1.00.000/- and litigation cost of Rs. 1,00,000/-. Thereafter the complainant put the decree in execution by filing the instant execution application.

On 01.02.2022 the Dhrs. by submitting a application have stated that if the Jdrs. will pay the principal decreetal amount for Rs. 9,00,000/- along with interest @ 7% per annum from 01.04.2018 till its realization ie. within 28.02.2022, then only the Dhrs will not claim the compensation and litigation amount as awarded by the Ld. Commission in their favour. It was also mentioned that they are agreed to receive the entire decreetal amount in one time within 28.02.2022 and in that case they are claiming interest component @ 7% instead of 10%.

Accordingly today ie. 28.02.2022 the Jdrs. have submitted one Demand Draft in favour of the Dhr. namely Kamini Misra Chaudhury for Rs. 11,45,959/- drawn on HDFC Bank bearing no. 006071 dated 28.02.2022. After calculation by the office of this Ld. Commission it is ascertained that the actual payable amount will be 11,46,050/-. Therefore there is deficit of Rs. 91/-. The Jdrs have paid Rs. 91/- in cash. The said DD along with the cash for Rs. 91/- in hereby deposited with the Registrar of this Ld. Commission.

The Dhrs. are at liberty to collect the said DD along with the cash amount from the end of the Registrar of this Ld. Commission by producing cogent photo identity in original and photocopy of the same with self-attested. At the time of receiving the same the Dhr shall put their endorsement on the margin of this order along with date. Let the DD be handed over to the Registrar-in-charge of the office of this Ld. Commission.

Hence the execution application no. 02/2022 is hereby disposed of on full and final satisfaction.

The MA being no. 37/2022 is thus disposed of.

This record need not be placed on 02.03.2022.

Let plain copy be given to the parties free of cost as per CPR.

 

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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