Karnataka

Mysore

EA/08/12

B.R.Rangaswamy - Complainant(s)

Versus

Srinidhi Finance & Investments - Opp.Party(s)

Chikkanna

28 Mar 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.845, 10th Main, New Kantharaj Urs Road, G.C.S.T. Layout, Kuvempunagar, Mysore - 570 009
Execution Application(EA) No. EA/08/12

B.R.Rangaswamy
...........Appellant(s)

Vs.

S.J.Suresh, Proprietor
Srinidhi Finance & Investments
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

File is taken on board. The counsel for the D.Hr. is also present. The counsel for the J.Dr. with a memo has enclosed a D.D. for Rs.45,660/- drawn in favour of this Forum. This Forum had issued a NBW against the J.Dr. for Rs.45,616/- only on the basis of the memo of calculation filed by the counsel for the D.Hr. on 10.04.2008. The counsel for the D.Hr. submitted that he has filed another memo of calculation on 15.04.2008 claiming a total amount of Rs.52,357.89 including the interest. The amount of interest claimed by the D.Hr. for 5 days is exorbitant. The counsel for the D.Hr. submits that they have calculated interest for the amount, which was deposited in this Forum by the J.Dr. on the ground as it was not paid to them it attracts interest. This submission of the counsel for the D.Hr. is absured as the J.Dr. long back had deposited the amount in this Forum. Hence, the D.Hr. is not entitled for interest on that amount, therefore the memo of calculation is rejected. The execution petition is therefore is closed as fully satisfied by accepting the D.D. Office to send a D.D. for collection after the amount is deposited to the account, on the counsel for the D.Hr. applying for payment obtain fresh order for payment and disperse to the D.Hr. NBW issued is recalled. Address a letter to the concerned police to return the warrant unexecuted forthwith.