30/01/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Appeal u/s 27A of the C. P. Act, 1986 is directed against the order no.11 dated 13/01/14 passed by Learned District Forum, Kolkata, Unit-I in EA No.124 of 2012 rejecting thereby the petition filed by the Jdr dated 21/11/13 and issuing W/A against the Jdr fixing 28/02/14 for E/R of W/A. 

            The complaint case no.356 of 2010 was allowed by the Learned District Forum directing the OP Bank to inform the Complainant the amount payable by the Complainant with interest @ 10% p.a. at fixed rate within 15 days from the date of communication of the order and on receipt of that intimation the Complainant shall make payment of the said entire sum in lump within one month from the date of intimation by the OP.  OP was also directed to pay compensation of Rs.20,000/- and litigation cost of Rs.3,000/- to the Complainant.  The Appeal bearing no.FA 40 of 2013 was dismissed being time barred. 

            The Learned Counsel for the Appellant has submitted that the question was whether the rate of interest was floating or fixed.  It is contended that the Appellant Bank complied with the order of the Learned District Forum so far as the amount of compensation and litigation cost is concerned.  It is submitted that the Bank made payment on 03/10/13 and communicated the statement of the dues to the Complainant.  It is submitted that the outstanding amount stands at Rs.2,96,582.16 plus interest.  It is contended that the issuance of W/A is bad in law, in as much as, the Appellant Bank complied with the order of the Learned District Forum, but the Respondent/Complainant did not comply by making payment. 

            It is submitted by the Respondent that payment of EMI was made from June 2006 upto May 2013.  It is submitted that the Respondent several times went to the Bank for making one time payment, but the Bank did not cooperate.  In this connection he has referred to the letters written by him to the Bank dated 17/12/14 and 19/12/14 showing that in spite of willingness to make payment the Bank did not accept and did not cooperate.  It is submitted that as per the calculation of the Respondent the outstanding amount stands at Rs.1,37,069/- which the Respondent is willing to pay. 

            We have heard the submission made by both sides.  It appears that the Appeal preferred by the Appellant Bank was dismissed being time barred and the Bank did not prefer any Revisional Application before the Hon'ble National Commission.  Therefore, the order passed by the Learned District Forum in the complaint case attained finality.  Admittedly, the Bank made payment of the amount of compensation and the litigation cost.  At the time of hearing it has been submitted by the Learned Counsel for the Appellant Bank that the statement of dues has been prepared with the rate of interest at 10.5% p.a. as per the system maintained by the Bank.  But it appears that as per the judgment of the Learned District Forum the rate of interest would be 10% p.a. at fixed rate.  The Learned District Forum observed that the statement of balance amount does not show interest @ 10% p.a. at fixed rate as ordered by the Forum.  In view of the letter submitted by the Respondent/Complainant to the Bank regarding his willingness to make one time payment, we are of the considered view that the Learned District Forum should direct the Appellant Bank to make calculation @ 10% p.a. interest at fixed rate on the basis of the claim as on 29/06/12, that is, the date of judgment. There will be no further claim after 29/06/12, in as much as, the Appeal having been dismissed and no Revisional Application being preferred before the Hon'ble National Commission, the Complainant is liable to pay the dues as on 29/06/12.  The judgment dated 29/06/12 attained finality and the Appellant Bank is entitled to realize the dues from the Complainant/Respondent as on 29/06/12. 

            The Learned District Forum will direct the Appellant Bank to submit the statement of accounts due as on 29/06/12 with interest @ 10% p.a. at fixed rate before the Learned District Forum with a copy to the Respondent/Complainant and thereafter the Respondent/Complainant will make payment.  The W/A if already issued by the Learned District Forum be recalled.  The Appeal is thus disposed of.