EA/24/2023
Ramandeep Singh Vs Ford India Pvt.Ltd. & anr
Present:- Sh.Y V Rishi, Adv. Counsel for the DH
None for the JDs.
Application has been moved by Counsel for the Complainant/DH to release the amount transfered by Hon'ble State Commission to the District Commission along with cost deposited by the OPs/JDs before this Commission. Calculation Sheet has also been produced by the DH.
Notice of the application was sent to the JDs numbers of times and the JD No.1 Ford India has been served. As per online report of Ahlmad that "Item Delivered to JD No.1 on 27.4.2023 and "Item Delivery Confirmed to JD No.2 on 16.3.2023", but none has come present on behalf of JDs to attend the proceedings.
Perusal of record shows that the complaint of the DH/Complainant was decided in favour of the complainant on 01.05.2019. Both the JDs/OPs filed appeal challenging the order of District Commission. Both the Appeals have been partly allowed vide order dated 30.5.2022. As per the order of District Commission, the OPs were directed to reimburse the repair bill amount of Rs.1,50,003/- along with interest @12% per annum from the date of payment by the Complainant. Further OPs were directed to pay Rs.50,000/- as compensation and Rs.10,000/- as litigation expenses. The Hon'ble State Commission has modified the order and has directed the OPs to pay Rs.1,50,003 along with interest @ 7% per annum, Rs.25,000/- as compensation and Rs.10,000/- as litigation expenses. It has also been ordered that the amount of Rs.3000/- deposited by OPs as cost and has also been directed to remit the same amount to complainant/DH.
As per Office report of Bill Clerk, in FA No.495/2019 an amount of Rs.2,58,774/- along with interest and in FA No.308/2019 an amount of Rs.1,34,829/- has been received from Hon'ble State Commission, Pb, Chandigarh and same is kept pending in the shape of FDR.
As per report of Bill Clerk, amount of Rs.2,25,000/- has been deposited by Ford India and Rs.1,12,503/- has been deposited by AB Motors. After adding interest, the total amount deposited by the Ford India becomes Rs.2,63,912/- and deposited by A.B. Motors of Rs.1,37,685/-. It has nowhere been mentioned in the order about extent of the liablility of both the JDs. After calculating the interest & litigation expenss, the amount becomes Rs.2,92,680/- . Further, also as per office report of Bill Clerk, in this case, Rs.3000/- cost has not been received from the Hon'ble State Commission in this Commission.
In order to comly with the order of the Hon'ble State Commission and pay the amount of Rs.2,92,680/-, the entire amount of Rs.1,37,685/- deposited by AB Motors and the remaining amount out of Rs.2,63,912/- deposited by Ford India be released to the DH as per rules against proper receipt. The Superintendent is directed to prepare the FDR's of the remaining amount. File be consigned to the record room.
Dated (Jaswant Singh Dhillon) (Jyotsna) (Dr.Harveen Bhardwaj)
26.5.2023 Member Member President