NCDRC

NCDRC

RP/738/2005

ANSALS HOUSING AND CONSTRUCTION & ANR - Complainant(s)

Versus

KANHAIYA LAL SHARMA - Opp.Party(s)

MR.SUKUMAR PATTJOSHI

27 Jul 2009

ORDER

Date of Filing: 24 Mar 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/738/2005
(Against the Order dated 08/12/2004 in Appeal No. 731/1998 of the State Commission Delhi)
1. ANSALS HOUSING AND CONSTRUCTION & ANR15, U.J.F.INDRA PRAKASH BARAKHAMBA ROAD NEW DELHI ...........Appellant(s)

Vs.
1. KANHAIYA LAL SHARMA 69-70, NAVYUG MARKET GHAZIABAD U.P ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR.SUKUMAR PATTJOSHI
For the Respondent :NEMO

Dated : 27 Jul 2009
ORDER

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            Petitioner, who was the opposite party before the District Forum, has filed the present Revision Petition.

          Briefly stated the facts are that the complainant applied for allotment of a flat and deposited a sum of Rs.1,74,747/- with the petitioner.  The petitioner was supposed to hand-over the possession within 2½ years, which it failed to do.  Respondent/complainant requested the petitioner to return the deposited amount along with interest but in vain.  Aggrieved by this the respondent filed a complaint before the District Forum.  District Forum, by its order dated 27.2.1998, allowed the complaint and directed the petitioner to return the sum of Rs.1,74,747/- along with interest at the rate of 18% per annum.  Petitioner, being aggrieved, filed an appeal before the State Commission, which disposed of the appeal by reducing the rate of interest from 18% to 9% per annum.  Rest of the order of the District Forum was maintained. 

          Respondent has not filed a Revision Petition against the order of the State Commission.  To that extent, the order of the State Commission has attained finality qua the respondent.

          The Revision Petition was listed on 6.3.2009, on which date, counsel for the petitioner offered to pay a total sum of Rs.4,04,410.75p., being the principal amount of Rs.1,74,747/- and the interest calculated up to 6.3.2009.  The case was adjourned to 1.4.2009, on which date, at the request of counsel for the respondent, the case was adjourned to 18.5.2009 for final disposal.  On 18.5.2009, the respondent refused to accept the cheque for Rs.4,04,410.75p. offered by the petitioner.  On this statement, following order was passed by this Commission :

“Learned counsel for the petitioner has stated that in terms of the impugned order, he is ready to pay and has brought a cheque for Rs.4,04,410.75 p. which includes interest till 6.3.2009.  A copy of the cheque has been placed on record. The respondent does not wish to accept the said cheque in spite of informing that petitioner can be directed to give further interest separately.  In view of the refusal of the cheque by complainant/respondent, no further interest shall accrue in favour of the respondent.  Adjourned to 27.7.2009 for final hearing.”

 

          Respondent appears in person.  He seeks a short adjournment, as his counsel is not present, which is declined.  He is not in a position to point out any error in calculation of the interest calculated by the petitioner on the sum of Rs.1,74,747/-.  Respondent is not prepared to accept the cheque in the sum of Rs.4,04,410.75p. in full and final satisfaction of the decree passed by the State Commission.  Counsel for the petitioner is directed to deposit the aforesaid amount before the District Forum within two weeks.  Respondent would be at liberty to withdraw the same by making an application before the District Forum for withdrawal of the said amount.

          Revision Petition is disposed of in above terms.  Dasti as well.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER