Learned counsel Smt. Manjula for the appellant has appeared and stated that the company has paid the entire decretal amount and the respondent has filed two applications (paper No. 55 and 71 to 73) to this effect.
The matter has already been proceeded ex-parte against the respondent vide order dated 16.01.2024.
We have perused the application (paper No. 55 dated 08.07.2020) according to which the respondent – complainant has received Rs. 16,783.73ps. vide cheque dated 06.03.2020.
A perusal of the application (paper Nos. 71 to 73 dated 01.02.2022) has revealed that according to the averment made in the application in para No. 6, the respondent – complainant had also received Rs. 503/- (Rs. 502.92ps) from the appellant on dated 12.08.2022. Thus, the calculation comes as under:-
Decretal amount as per Judgment dated 21.02.2019 | Rs. 15,000.00 |
Litigation charges as awarded by the District Commission as per above Judgment | Rs. 5,000.00 |
Simple interest @ 6% per annum from 01.03.2017 to 06.03.2020 as per above Judgment | Rs. 2,700.00 |
Total amount | Rs. 27,700.00 |
Earlier paid | Rs. 16,783.73 Rs. 503.00 |
Remaining amount (approx.) | Rs. 5,413.00 |
After deducting earlier paid amount Rs. 16,783.73ps. & Rs. 503/-, the remaining amount comes to the tune of Rs. 5,413/-, which the appellant shall be liable to pay to the respondent – complainant.
As the major part of the decretal amount has already been paid, which has shown that the appellant has complied with the order of the District Commission and the appellant did not intend to further proceed the appeal on merits.
Accordingly, the appeal is decided as being infructuous and shall stand as dismissed. The appellant is directed to pay the remaining amount of Rs. 5,413/- (Rupees Five Thousand Four Hundred Thirteen only) to the respondent – complainant within a period of one month from today.
Statutory amount be refunded to the appellant.
File be consigned to the record room alongwith copy of this order.
A copy of this order be sent to the concerned District Commission for perusal, information and necessary action.
