NCDRC

NCDRC

RP/2504/2012

PRISM CEMENT LTD. - Complainant(s)

Versus

M.M. COLLEGE OF DENTAL SCIENCES & RESEARCH & ANR. - Opp.Party(s)

MR. DEEPAK BHARDWAJ

05 Feb 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2504 OF 2012
 
(Against the Order dated 17/02/2012 in Appeal No. 1197/2011 of the State Commission Haryana)
1. PRISM CEMENT LTD.
501, Kiran Building, 19 Kasturba Gandhi Marg, Through its Authorised Representative
New Delhi
Delhi
...........Petitioner(s)
Versus 
1. M.M. COLLEGE OF DENTAL SCIENCES & RESEARCH & ANR.
Mullana,\Through its Chairman Sh Tarseman Kumar Garg
Ambala
Haryana
2. Sh Tarsem Kumar garg, Chairman ,
MM College Of Dental Science & Reserch, Mullana
Ambala
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Surender Kumar Gupta, Advocate and
Mr. Deepak Bhardwaj, Advocate
For the Respondent :
Mr. Aseem Mehrotra, Advocate

Dated : 05 Feb 2013
ORDER

Complainant/respondent placed an order for supply of 56750 sq. ft. commercials tiles of 43 per sq. ft. of different shades.  The payment was made in advance by way of three Demand Drafts No.325484, 325485 & 325486 along-with supply order dated 02.07.2001. However, the respondent/complainant was supplied only 48009 sq. ft. tiles for Rs.20,64,387/- upto 09.08.2011.  Remaining tiles were supplied.  Being aggrieved, respondent filed the complaint before the District Forum.

             District Forum allowed the complaint in the following terms:

          “1.     To refund Rs.2,03,648/- as cost of remaining 4736 sq.ft.tiles paid by the complainants with interest @ 12% p.a. w.e.f. 5.7.01 till its actual realization.

          2.      To pay Rs.50,000/- (out of which Rs.25,000/- be paid to the complainant and remaining Rs.25,000/- to be deposited in Consumer Legal Aid Fund) as compensation for harassment and deficiency in service.

          3.      To pay Rs.5,000/- as litigation expenses.”

             Appeal filed by the appellant was dismissed.

 

-3-

             Notice was issued to the respondent limited to the point of interest.  Operation of the impugned order was stayed subject to petitioner paying the awarded sum of Rs.2,03,648/- to the respondent along with interest @ 9% p.a. w.e.f. 05.07.2001 till the date of payment within six weeks from the date of passing of the order.

             It is not disputed before us that the sum of Rs.2,03,648/- has been paid to the respondent along with interest @ 9% p.a. w.e.f. 05.07.2001 till date.

             Counsel for the respondent states that in terms of the direction issued by the District Forum which has been upheld by the State Commission, petitioner is yet to pay Rs.25,000/- to the respondent towards compensation and Rs.5,000/- towards litigation expenses.

             Limited notice issued to the respondent is made absolute.  Rate of interest is reduced from 12% to 9%. 

             Counsel for the petitioner states that he shall pay the balance amount to the respondent within four weeks from today.     

             Direction issued to the petitioner to deposit Rs.25,000/- in the Consumer Legal Aid Fund is set aside.

-4-

             Revision petition stands disposed of in above terms.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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