Chandigarh

StateCommission

MA/658/2023

VIKAS MITTAL AND BINDU BALA - Complainant(s)

Versus

MANOHAR INFRASTURCUTRE - Opp.Party(s)

VISHAL GUPTA

15 Dec 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

Miscellaneous Application No.	:	658 of 2023
In CC/322/2018
Date of Institution	:	30.08.2023
Date of Decision	:	15.12.2023

 

 

 

 

 

 

 

1]      Vikas Mittal S/o Sh. Om Parkash Mittal, aged 37 years, R/o #2273, Sector 42-C, Chandigarh.

 

2]      Bindu Bala W/o Sh. Bajrang Lal, aged 43 years, R/o #2716, Sector – 22C, Chandigarh.

 …..Applicants/Complainants.

Versus

M/s Manohar Infrastructure and Constructions Pvt. Ltd., Manohar Campus, SCO No.139-141, Sector 17C, Chandigarh through its Managing Director.

 

...Non-applicant/opposite party.

 

BEFORE:   JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                MR. RAJESH K. ARYA, MEMBER

 

ARGUED BY :-  

 

Sh. Vishal Gupta, Advocate for the applicants/complainants.

Sh. Arvinder Singh Kohli, Authorised Representative of the non-applicants/opposite parties.

 

PER  RAJESH  K. ARYA, MEMBER

 

                    This application has been filed by the complainants in pursuance to order dated 21.08.2023 passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi for payment of the balance amount to them.

2]                It may be stated here that in the present case, consumer complaint No.322 of 2018 was partly allowed by this Commission vide order dated 10.12.2018, which was assailed by the opposite parties before Hon’ble National Consumer Disputes Redressal Commission, New Delhi by filing First Appeal No.140 of 2019. In the said appeal, vide order dated 10.05.2019, the Hon’ble National Commission granted stay subject to deposit of the entire decreetal amount with this Commission within six weeks. Further extension of one week was given to the non-applicants/opposite parties by Hon’ble Natonal Commission vide order dated 05.07.2019 passed in IA/10435/2019. Accordingly, the opposite parties deposited an amount of ₹52,00,164/- i.e. (₹42,00,000.00 + ₹10,00,164.00) with this Commission on 25.07.2019 by moving Miscellaneous Application No.425 of 2019 on 16.07.2019. Subsequently, during the pendency of first appeal, the Hon’ble National Commission vide order dated 30.08.2019 ordered for release of the principal amount of ₹29,25,000/- out of the amount lying deposited with this Commission. Accordingly, this Commission vide order dated 23.09.2019 passed in MA/632/2019 released the principal amount of ₹29,25,000/- in favour of the applicants/complainants out of the deposited amounts of ₹42,00,000.00 & ₹10,00,164.00 (totaling ₹52,00,164/-) and the remaining amount was ordered to be kept in shape of Fixed Deposit Receipt.

3]                On 25.09.2023, Counsel for the applicants/complainants filed calculation sheet showing that still an amount of ₹24,64,568/- is payable by the non-applicants/opposite parties as interest calculated @9% on the principle amount from the respective dates of deposits up-to 30.09.2023 whereas, on the other hand, as per the calculation sheet filed on behalf of the opposite parties, only an amount of ₹18,23,030/- as interest, calculated @9% p.a. on the principal amount from the respective dates of deposits till 23.09.2019 i.e. the date of release of principal amount by this Commission, was payable. Accordingly, this Commission vide order dated 25.09.2023 ordered release of the aforesaid undisputed amount of ₹18,23,030/- in favour of the applicants/complainants in equal share and the remaining amount was ordered to be reinvested in Fixed Deposit Receipt for a period of three months. Thus, amounts of ₹9,11,515/- each were transferred in the  respective accounts of the applicants/complainants through RTGS on 09.10.2023. Now, an amount of ₹9,47,116/- is lying deposited with this Commission in the shape of Fixed Deposit Receipt.

4]                The only question left to be addressed by us is as to up-to which date, the applicants/complainants should get interest @9% p.a.?

5]                Admittedly, out of the deposited amounts of ₹42,00,000.00 & ₹10,00,164.00 (totaling ₹52,00,164/-), principal amount of ₹29,25,000/- already stood released to the applicants/complainants on 23.09.2019 and further an amount of ₹18,23,030/-  also stood released in their favour on account of interest @9% p.a. calculated on the principal amount from the respective dates of deposits till 23.09.2019, the date on which the principal amount was released. It may be stated here that law on this subject is very much settled by Hon’ble Supreme Court of India in Gurpreet Singh Vs. Union of India, Appeal (Civil) 4570 of 2006 decided on 19.10.2006, wherein a five Judges Bench examined Rule 1 to Order XXI of CPC and observed that upon deposit of the decretal amount in the Court and giving notice thereof to the decree holder, there would be cessation of interest from the date of notice to the decree holder of such deposit. Further Rule 1 to Order XXI of the CPC also postulates payment by the judgment debtor to the decree holder by other specified modes, namely, by postal money order, bank or by payment evidence in writing, in which case the interest ceases to run from the date money is tendered. The legislative intend clearly is that the interest would cease on the principal amount paid by the judgment debtor to the decree holder. In the instant case, since the applicants/complainants have already received interest @9% p.a. on the principal amount from the respective dates of deposits till 23.09.2019, the date of release of the principal amount by this Commission, they are not entitled to further interest beyond the said date i.e. 23.09.2019. The non-applicants/opposite parties deposited 100% decretal amount with this Commission including interest @13%p.a. and penal interest @15% p.a., which was reduced to 9% by Hon’ble National Commission. It is not the case here that the decretal amount deposited by the opposite parties with this Commission in pursuance to interim stay granted by Hon’ble National Commission was deficient.In our considered view, the amounts received by the applicants/complainants satisfies the decree and they are not entitled to any further amount. Therefore, the prayer of the applicants/complainants in this regard stands rejected.

6]                In view of the facts and circumstances, the amount of ₹9,47,116/- lying deposited with this Commission in the shape of Fixed Deposit Receipt, alongwith interest accrued thereupon is ordered to be released in favour of the non-applicants/opposite parties i.e. M/s Manohar Infrastructure and Constructions Pvt. Ltd.. Bank Account and IFSC details etc. be furnished by the non-applicants/opposite parties forthwith. On receiving such details, office of this Commission shall remit the amount in the said account of the non-applicants/opposite parties forthwith. 

7]                This application stands disposed of accordingly.

8]                Certified copy of this order be sent to the parties free of charge.

9]                File be consigned to the Record Room after completion.

Pronounced.

15.12.2023.

(RAJ SHEKHAR ATTRI)

PRESIDENT

 

 

 

 

 

(RAJESH K. ARYA)

MEMBER

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