Uttarakhand

StateCommission

A/15/131

Vishal Upadhyay - Complainant(s)

Versus

Krishna Infracon Pvt. Ltd. - Opp.Party(s)

Mr. Puneet Kansal

09 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
176 Ajabpur Kalan,Mothrowala Road,
Dehradun-248121
Final Order
 
First Appeal No. A/15/131
(Arisen out of Order Dated 08/06/2015 in Case No. 565/2014 of District Haridwar)
 
1. Vishal Upadhyay
s/o Vijay Kumar Garg r/o House No. 150/143 Dat Mandi Jawalapur, Haridwar,Uttarakhand
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Krishna Infracon Pvt. Ltd.
Prop. Hemant Khandelwal corporate office UGF 66-69 World Trade Center Barakhamba Road, New Delhi
Delhi
Delhi
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.S. Verma PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Appellant:
For the Respondent:
Dated : 09 May 2017
Final Order / Judgement

Order Passed

 

Sh. Puneet Kansal, learned counsel for the appellant is present. None is present on behalf of respondent despite of sufficient service.

 

Heard.

 

This appeal is directed against the impugned judgment and order dated 08.06.2015 passed by the District Forum, Haridwar in consumer complaint No. 565 of 2014;     Vishal Upadhyay vs. Krishna Infracon Pvt. Ltd., whereby consumer complaint has been allowed and the opposite party was directed to pay Rs. 2,30,000/- to the complainant alongwith interest @ 8% per annum pendent lite and in future.

 

In the appeal, appellant’s grievance is only the rate of interest awarded by the District Forum is on lower side.

 

Appellant-complainant has filed consumer complaint against the opposite party-respondent before the District Forum on 13.10.2014 for recovery of the outstanding amount against the opposite party-Krishna Infracon Pvt. Ltd. alongwith interest of Rs. 1,05,325/-. 

 

Notice was issued to the opposite party.  Despite of service, none appeared on behalf of the opposite party before the District Forum.  Therefore, the District Forum has proceeded the consumer complaint ex-parte against the opposite party on 25.11.2014. 

 

The complainant had filed evidence by way of affidavit before the District Forum. The District Forum, after perusal of the evidence, came to the conclusion that the complainant is entitled for Rs. 2,30,000/- alongwith the interest @ 8% per annum. 

 

Having heard the learned counsel for the appellant-complainant.  We are of the view that the interest awarded by the District Forum is proper, since in the consumer complaint interest was demanded as a fixed amount.  Rate of interest has never been demanded by the complainant, as per agreement clause. We do not find any irregularity and illegality in the impugned order.  Appeal being devoid of any merit, is liable to be dismissed.

                    Appeal is dismissed.  No order as to costs.

 
 
[HON'BLE MR. JUSTICE B.S. Verma]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.