PRESENT    Sh. R.S. Ahluwalia, Advocate for the applicants/complainants

                    Sh. Rajesh Garg, Advocate for non-applicant/OPs.

Dated the 9^th day of August, 2011.

ORDER

                    As per order dated 23.2.2010 a compensation of Rs.2 lakh was awarded to the OPs which amount along with Rs.10,000/- as the costs of litigation was to be deposited within 30 days from the date of receipt of copy of the order.  If the amount of compensation was not paid within the aforesaid period of 30 days, the OPs were liable to pay the same along with interest @12% per annum since filing of the present complaint till its payment to the complainants. The OPs went in appeal against the said order. The Hon’ble National Commission vide order dated 31.5.2011 stayed the operation of the order on the condition that the appellant would deposit 50% amount of compensation awarded by the State Commission within a period of 2 weeks, which could be released to the complainant after obtaining adequate security. The OPs have deposited a sum of Rs.1 lakh vide cheque dated 10.6.2011 i.e. within the period allowed by the Hon’ble National Commission. The learned counsel for the complainant has argued that since the amount was not paid within a period of 30 days as ordered by this Commission, the OPs were also, liable to pay interest @12% per annum which would be a component of the compensation awarded by this Commission and the amount of Rs.1 lakh is not 50% of the total amount of compensation including interest.  According to him due to this reason the conditional stay awarded by the Hon’ble National Commission would not operate against the execution of the order. We do not find any merit in this contention.  There is no doubt about it that the compensation amount is of Rs.2.00 lakh and  the interest was awarded only in default. The Hon’ble National Commission in its order dated 31.5.2011 has mentioned about the deposit of 50% of the amount of compensation and not of interest which admittedly had accrued on the date of order.  Therefore, the OPs have complied with the order dated 31.5.2011 and in view of the same no further action is required to be taken. The miscellaneous application be filed.

          Copies of the order be sent to the parties, free of costs.

(NEENA SANDHU)

PRESIDING MEMBER

(JAGROOP SINGH MAHAL)

MEMBER