No.14/18.09.2015

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on MA 482 of 2015 filed by the Complainant praying for recording the fact that the order of the Hon'ble National Commission passed in RP 1943 of 2014 has been complied with on the part of the Complainant. 

              The OPs filed written objection against such application.

            It is submitted by the Learned Counsel for the Complainant that the Hon'ble National Commission in RP No.1942 of 2014 passed an order dated 18/11/14 to the following effect.

“As agreed, it is hereby ordered that third party interest be not created for a period of 45 days.  The petitioners shall deposit the contractual balance amount without penalty, within a period of 45 days otherwise, the stay granted here, will automatically stand vacated and if the amount is paid, the stay will continue till disposal of the complaint.

Both the Revision Petitions stand disposed of, having being settled.”         

It is submitted that the Complainant issued letter dated 23/12/14 to the OPs stating that one a/c payee cheque bearing no.787574 dated 22/12/14 for Rs.35,48,235/- drawn on Yes Bank towards balance contractual amount was forwarded to the OPs.  The photocopy of the said cheque has been annexed with the Miscellaneous Application.  It is submitted that the Complainant has complied with the direction passed by the Hon'ble National Commission.  It is further contended that the OP has refused to accept the said cheque on 26/12/14 as per averment made in paragraph 8 of the Miscellaneous Application. 

            The Learned Counsel for the OP has submitted that as per provision contained in point no.2(c) of the agreement the allottee was to make payment of the balance consideration amount with interest @ 18% p.a.  The Learned Counsel has also drawn our attention to clause 2(f).  It is contended by the Learned Counsel for the OP that the interest on outstanding balance amount of consideration money has not been paid by the Complainant and the direction of the Hon'ble National Commission to make payment without penalty does not exempt the Complainant from making payment with interest as agreed upon.

            We have heard the submission made by both sides.  We have recorded the factual aspect as submitted by both sides.  The Hon'ble National Commission has been pleased to pass specific order regarding stay.  No further order need be passed by this Commission in this regard. 

            MA 482 of 2015 is disposed of accordingly.  Fix 16/11/15 for filing W.V.