BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION - AT HYDERABAD.FA.No.920/2008 against EA.No.8/2008 in CD.No.268/2006 District Consumer Forum-III, Hyderabad.
Between-
Satish 137 ‘A Post- ECIL, Hyderabad – 500 062.
…Appellant/Complainant.
And
Authorised Signatory,
Customer Care Centre,
Videsh
5-8-62, UG Floor, Khan
Fatheh ,
Hyderabad – 500 001.
New Address-
C/
No.7-1-24/1, 6th Floor,
Roxana Towers, Greenland,
Hyderabad – 500 016.
...Respondent/
For the Appellant Party-in-person appeared.
For the Respondent
QUORUM THE HON’BLE MR.JUSTICE D.APPA RAO, HON’BLE PRESIDENT,
SMT.M.SHREESHA
AND
SRI G.BHOOPATHI REDDY, HON’BLE MALE MEMBER.
MONDAY, THE FOURTH DAY OF AUGUST,
TWO THOUSAND EIGHT.
Oral Order (Per
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Heard the appellant in person.
1. He filed this appeal against the docket order of the District Consumer Forum-III, Hyderabad dated 04.07.2008 in EA.No.8/2008 in CD.No.268/2006 in recording full satisfaction without awarding interest from the date of the order till the date of realization which he was entitled to at 9 percent.
2. The complainant filed a complaint alleging that his password has been misused and therefore claimed compensation. On that, the District Forum dismissed the complaint. Aggrieved by the said order the complainant preferred FA.No.1242/2006. My learned predecessor by his order dt.31.03.2007 set aside the order of the District Forum and directed the opposite party to pay compensation of Rs.5,000/- together with costs of Rs.1,000/-. A period of six weeks was granted for complying with the said order. We may specifically mention herein that when this Commission in the above said order did not grant any interest, the appellant preferred a revision petition No.1676/2007 before the National Commission and the same was dismissed by order dt.10.07.007. Not being satisfied with the said order, the appellant preferred SLP No.20423/2007 to the Supreme Court and the same was dismissed by order dt.19.11.2007. Thereupon, he filed Execution Application for recovery of the said amount. After N.B.W was issued, the respondent sent a Since the order was complied with, the District Forum cancelled the N.B.W. and closed the Execution Application.
3. Aggrieved by the said order, he came up with this appeal stating that the District Forum ought to have directed the opposite party to pay interest at 9 percent per annum. Since the respondent herein did not pay the same within six weeks, he is entitled to the amount.
4. We have heard the party-in-person and perused the entire record. The order of the State Commission is to the effect that the opposite party had to pay Rs.6 No interest, whatsoever, was awarded on the said amount. He did not file execution application immediately. He filed execution application, only after disposal of all the above proceedings. When he could not get the relief of recovery of interest he cannot complain that interest was not paid. Once interest was not granted by any of the courts, his claim for payment of interest is unjustified. We do not see any irregularity or illegality in the order passed by the District Forum in this regard.
5. In the result, the appeal is dismissed at the stage of admission. No costs.
PRESIDENT LADY MEMBER MALE MEMBER
Dt-04.08.2008.
