NCDRC

NCDRC

RP/1867/2011

M/S. INDIAN RAILWAY FINANCE CORPORATION (I.R.F.C. LTD.) - Complainant(s)

Versus

RAKSHA ASHOK MANKAD - Opp.Party(s)

MR. R.P. KAPUR

18 Oct 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1866 OF 2011
 
(Against the Order dated 03/08/2010 in Appeal No. 176/2010 of the State Commission Gujarat)
1. M/S. INDIAN RAILWAY FINANCE CORPORATION (I.R.F.C. LTD.)
...........Petitioner(s)
Versus 
1. MANISH C. PANDYA
...........Respondent(s)
REVISION PETITION NO. 1867 OF 2011
 
(Against the Order dated 03/08/2010 in Appeal No. 177/2010 of the State Commission Gujarat)
1. M/S. INDIAN RAILWAY FINANCE CORPORATION (I.R.F.C. LTD.)
UGF , EAST TOWER ,N.B.C.C PLACE, BHISHAM PITAMEH MARG,PRAGATI VIHAR, LODI ROAD,
NEW DELHI
DELHI
...........Petitioner(s)
Versus 
1. RAKSHA ASHOK MANKAD
302, SATCHIT SUKHALAYA, 6 JAGNATH PLOT , RAJKOT-361001
NEW DELHI
DELHI
...........Respondent(s)
REVISION PETITION NO. 1868 OF 2011
 
(Against the Order dated 03/08/2010 in Appeal No. 178/2010 of the State Commission Gujarat)
1. M/S. INDIAN RAILWAY FINANCE CORPORATION LTD. (I.R.F.C. LTD.)
UGF, EAST TOWER, N.B.C.C PLACE. BHISHAM PITAMEH MARG, PRAGATI VIHAR,LODHI ROAD
NEW DELHI
DELHI
...........Petitioner(s)
Versus 
1. CHAMANLAL U. PANDYA & ANR.
'PARAMDHAM', 2, VANDA FALI, JAMNAGR, TALUKA
JAMNAGAR
GUJRAT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. R.P. Kapur, Advocate
For the Respondent :NEMO

Dated : 18 Oct 2011
ORDER

          Learned counsel for the petitioner-IRFC Ltd. submits that the petitioner is ready and willing to comply with the order passed by the concerned District Forum in these cases directing the petitioner to pay interest @ 15% on the bond redemption amount with effect from the date of maturity till the date of payment of the redemption value but in the order passed by the State Commission some inadvertent error has appeared because while dismissing the appeal against the order of the District Forum the State Commission has made certain observations in regard to the payment of the redemption amount as well, which stood already paid to the complainants/respondents. 

We are in agreement with the submissions of learned counsel for the petitioner-IRFC Ltd. because the petitioner, having already paid the amount of redemption value of the bond, cannot be called upon to pay the said amount again and at best they could have been directed to pay interest for the delay in making the payment.  The respondents/complainants were satisfied with the order passed by the District Forum and had not challenged the same and it was only the petitioner-IRFC Ltd.  who has filed the appeal against the said order.

          In the circumstances, the revision petitions are disposed of with the observations that the appeals filed by the petitioner-IRFC Ltd. before the State Commissions will be deemed to have been dismissed, thereby maintaining the order passed by the District Forum in its entirety.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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