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Sangita Sharma filed a consumer case on 07 Oct 2022 against Sahara India Pariwar Housing Unit in the DF-II Consumer Court. The case no is EA/80/2019 and the judgment uploaded on 09 Nov 2022.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH | |||
EA/80/2019 IN CONSUMER COMPLAINT NO.839 OF 2006 | |||
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BEFORE: | |||
HON’BLE SMT.PRITI MALHOTRA PRESIDING MEMBER HON’BLE SH.B.M.SHARMA MEMBER
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ARGUED BY: Sh.R.K.Sharma, Husband of Decree Holder Sh.Ammish Goel, Advocate for JDs.
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Dated : 7th October, 2022
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O R D E R
PER PRITI MALHOTRA, PRESIDING MEMBER
The complaint (No.839 of 2006), filed by the complainant, was allowed by this Forum, vide its order dated 2.7.2007, directing the Opposite Parties in Para No.6 & 7 of the above mentioned order, as under:-
“1. The Ops are directed to refund the amount of Rs.1,00,004/- alongwith interest @9% per annum to the complainant from the date of deposit till realization.
2. The complainant is also held entitled to costs of litigation which are qualified at Rs.3,000/-.
7. This order be complied with by the OPs within two months from the date of receipt of its certified copy, which be communicated to the parties free of charge. After compliance file be consigned.”
2] Against the above said order, the complainant preferred an Appeal No.587 of 2007 before the Hon’ble State Commission, UT, Chandigarh, which was dismissed in limine vide order dated 9.8.2007, against which the complainant filed R.P.No.3556 of 2007 before the Hon’ble National Commission, New Delhi. The Hon’ble National Commission, New Delhi vide its order dated 28.4.2014 set aside the order dated 9.8.2007 and remanded the matter back to the Hon’ble State Commission, UT, Chandigarh for decision afresh in accordance with law, after hearing both the parties. Thereafter, the Hon’ble State Commission, UT, Chandigarh vide order dated 9.6.2014, while partly accepting the appeal of the complainant, modified the impugned order passed by the District Forum, to the following effect:-
“In view of above discussion, the appeal is partly accepted, with no order as to costs. The impugned order, passed by the District Forum, is modified, to the extent, indicated hereunder;
(i) The respondents/Opposite Parties are directed to refund an amount of Rs.1,00,004/- (Rupees One Lac and Four Only) to the appellant/complainant alongwith interest @9% per annum from the date of deposit, within a period of 30 days from the date of receipt of a certified copy of the order;
(ii) The respondents/Opposite Parties are directed to pay an amount of Rs.70,000/- to the appellant/complainant, claimed by her, as compensation for unfair trade practice and causing physical harassment and mental agony to her, within a period of 30 days from the date of receipt of a certified copy of the order;
(iii) The respondents/Opposite Parties, are directed to pay an amount of Rs.3,000/- to the appellant/complainant, as cost of litigation, as awarded by the District Forum, within a period of 30 days from the date of receipt of certified copy of the order;
(iv) This order shall be complied with, by the respondents/Opposite Parties, within the stipulated period, failing which, they shall be liable to pay the amounts, mentioned in Clauses (i) and (ii), above, alongwith interest @12% per annum from the date of default, till the date of actual payment to the appellant/complainant, besides paying the litigation costs, as aforesaid.”
3] The complainant admittedly had already received an amount of Rs.1,27,000/- from the Opposite Parties in Oct., 2007 towards principal amount of Rs.1,00,004/- plus interest Rs.25,497/- (@9% p.a. w.e.f. 31.12.2004 to 31.10.2007) i.e. Rs.1,25,501/- in excess of Rs.1499/- except compensation etc.
The complainant is also entitled for compensation amount of Rs.70,000/- as well as interest thereon to the tune of Rs.69,300/- (i.e. @12% p.a. w.e.f. 8.7.2014 (date of default i.e. after 30 days of order date 9.6.2014 till date 7.10.2022 (date of decision of present application). Thus the total compensation amount became due towards the complainant is Rs.1,39,300/- (Rs.70,000+69,300). Apart from this, the complainant is also entitled to get litigation cost of Rs.3000/- but since he has been paid Rs.1499/- in excess by the OPs, therefore, he is now entitled to get the balance amount of Rs.1501/- (Rs.3000 minus Rs.1499/- paid in excess).
In this view of the matter, the complainant is, in total, entitled to get balance outstanding amount of Rs.1,40,801/- from OPs (Rs.70,000+69,300+1501/-referred to above).
4] Taking into consideration the above discussion & findings, it is held that the complainant is entitled to receive an amount of Rs.1,40,801/- from OPs towards decree of the impugned order. Therefore, the Opposite Parties are liable to make payment of balance outstanding amount of Rs.1,40,801/- to the complainant.
It is noted here that the ld.Counsel for the OPs has also admitted for the above mentioned outstanding amount payable to complainant in its calculation sheet and fairly stated that this amount may be recovered/released from the amount lying deposited over & above in another connected MA No.48 of 2018 – R.K.Sharma Vs. Sahara India Pariwar & Ors. In this view of the matter, the Office is directed to release an amount of Rs.1,40,801/- from the amount of OPs, if any, lying deposited in the above mentioned case, as stated. In case no amount or insufficient amount is found to be due towards the Ops in the above stated case, then the OPs shall make payment of the entire or balance amount to the complainant forthwith. Accordingly, the present execution application stands disposed of.
Certified copy of this order be communicated to the parties free of cost. After compliance file be consigned.
7th October, 2022 Sd/-
(PRITI MALHOTRA)
PRESIDING MEMBER
Sd/-
(B.M.SHARMA)
MEMBER
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