BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM–II, U.T. CHANDIGARH

Misc.Application No.107 of 2012

in Complaint case No.185 of 2011

N.C.Beakta            Vs.     Nector Co-operative House Building Society                                          & ors.

PRESENT:

Sh.T.S.Khaira, Counsel for OP No.3 & 5.

Dated the 15^th day of October, 2012

ORDER

1.         As per the order of the Hon’ble National Commission dated 17.8.2012 passed in Revision Petition No.2885 of 2012, the operation of the impugned order shall remain stayed subject to the depositing 50% of the awarded amount with the District Forum, within four weeks. The OP No.3 & 5 have submitted two drafts, one for a sum of Rs.48,200/- bearing No.550085, dated 18.9.2012 drawn on Indian Bank and another for a sum of Rs.48,200/- bearing No.947581, dated 18.9.2012 drawn on State Bank of Patiala, both in favour of The President Distt. Consumer Disputes Redressal Forum UT Chd.

2.         As per the order dated 30.3.2012 passed by this Forum in Complaint Case No.185 of 2011, the OPs were directed as under:-

“10.     In view of above discussion, we allow this complaint and direct the Opposite Parties to:-

[a]        Refund the amount of Rs.6,00,010/- paid by the Complainant along with interest @9% per annum from the date of respective receipts, till it is actually paid. Out of this amount, as the date of payment of Rs.39,000/- + Rs.5,000/- in cash is not stated (Annexure C-3) and the payment has not been denied; hence this amount will carry interest from the date of filing the complaint till the date of payment. 

[b]        Pay Rs.7,000/- towards costs of litigation.

11.                   The above said order shall be complied within 30 days of its receipt; thereafter, Opposite Parties shall be liable for an interest @12% per annum on the awarded amount in [a] above, till it is paid, along with litigation expenses.”  

3.                     In view of this, the amount deposited by OP No.3 & 5 does not come out to 50% of the awarded amount. So, without prejudice to their rights regarding the stay, this application of OP No.3 & 5 disposed of and the office is directed to deposit the drafts, as indicated above, in the account of District Forum, in the shape of FDR, having maximum interest, in a nationalized bank for a period of one year to be renewed from time to time, if needed. The application stands disposed of accordingly.

4.         Copy of this order be placed on record of the Execution Petition file, if any.

5.         Certified copy of this order be communicated to the parties free of cost. After compliance file be consigned.

            (JASWINDER SINGH SIDHU)                             (MADHU MUTNEJA)

            MEMBER                                              PRESIDING MEMBER

15.10.2012