MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 74/2023 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Hon’ble Commission may direct the Ops to refund excess amount illegally realized from the Complainant and to issue NOC to Complainant and to delete hypothecation from RTO record.
Undisputed fact leading to the case is excess recovery of Rs. 85,069.55/- during Covid-19 moratorium period i.e the grievance of the Complainant. The Counsel for the Ops fairly admit that, due to misunderstanding in the Govt. circular there was excess recovery though the Complainant has not availed moratorium. Excess recovery when the Complainant has not availed the moratorium amounts to Unfair trade Practice and non-refund of excess amount to deficiency in service.
We therefore direct the Ops particularly Op No.3 to refund the excess amount i.e Rs. 85,069/- with same rate of interest i.e @ 10.59% from the date of recovery till date of payment, which shall be carried out within a period of 45 days from the date of receipt of this order. We further direct to issue NOC/NDC within 45 days and also impose cost of Rs. 5,000/- towards mental agony and Rs. 2000/- towards litigation cost.
With the aforesaid observation & direction the C.C.Case No. 74/2023 is hereby allowed & accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 31st day of July,2024.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
