Goa

StateCommission

MA/73/2013

Mr. Boyd Ward & another - Complainant(s)

Versus

M/s Iona Fernandes Developers Pvt. Ltd. - Opp.Party(s)

Anand V. Kurdikar

13 Jun 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
Miscellaneous Application No. MA/73/2013
In
Execution Application No. EA/01/2013
 
1. Mr. Boyd Ward & another
58, Capel St. Capel-le-ferne, near Folkstone,Kent,UK CT 18 7LY 00441303257313 through their attorney; Mr. Rupesh Shirodkar, R/o Bhatti Wada, Nerul, Bardez-Goa
...........Appellant(s)
Versus
1. M/s Iona Fernandes Developers Pvt. Ltd.
Managing Direcotr, Ms. Iona Yvette Fernandes, R/o Dona Maria Epifania Villas, Fottavaddo, Nerul, Bardez-Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Appellant:
Adv. Shri. A. V. Kurdikar
 
For the Respondent:
Adv. MS. Sandrina Carrasco and Adv. Ms. P. Bandekar
 
ORDER

We have perused both the statements. Pikale and Co.,have restricted their calculations upto 04/02/2014 while Naik and Associates have restricted the claculations upto 19/02/2014, and, that is as it should have been. Naik and Assocites appear to have fallen in error in calculating the interest component on additional compensation of Rs. 7,25,000/- by calculating the interest from 11/03/2006 instead of 30/11/2012 which has been rightly done by Pikale and Company. We have calculated the amount payable with the assistance of the accounts clerk of this Commission and we find that the amount has been correctly worked out by Shri. R. K. Pikale & Co. The principal amount to be refunded works out to Rs. 53,46,120/- while the additional compensation works out to Rs. 7,25,000/- and as there is no dispute about it. The said Pikale & Co. has worked out the interest on principal amount at Rs. 50,72,513/- as on 04/02/2014 which as on 19/02/2014 works out to Rs. 50,98,877/-. Likewise, Pikale and Company has worked out interest on additional Compensation at Rs. 1,02,731/- as on 04/02/2014 which as on 19/02/2014 works out to Rs.1,06,307/-. Thus what bacame due and payable to the DH as on 19/02/2014 works out to Rs. 1,12,76,304/- while the DH has been paid a sum of Rs. 1,17,08,934/- which after deducting a sum of Rs. 5000/-, which was required to be paid as costs, works out to Rs. 4,27,630/-. In other words as on 19/02/2014 the JD has paid an excess amount to the DH in the sum of Rs. 4,27,630/-.

The calculations can be seen at a glance as follows:-

(1) Principal amount Rs. 53,46,120/-

(2) Additional Compensation Rs. 7,25,000/-

Interest on (1) Rs. 50,98,877/-

Interest on (2) Rs. 1,06,307/-

Total Rs. 1,12,76,304/-

Paid Rs. 1,17,08,934/-

Less costs Rs. 5,000/-

Excess paid Rs. 4,27,630/-

 

Therefore, nothing survives in the application under consideration. Proceedings in the application under consideration are therefore closed.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

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