13-01-2015 - Mr. Manish Kumar, learned counsel appearing for the appellant submitted that in compliance of the impugned judgment, the appellant has already paid of Rs. 5,00,000/- to the complainant - R -1-  Sumitra Devi. He further submitted that the Learned Lower Forum has allowed a very high rate of interest i.e. simple interest @ 12 % per annum and that too from the date of claim, and has also allowed a very high amount   i.e. Rs. 50,000/- as compensation for mental agony and also Rs. 10,000/- as litigation  cost.  Referring to the letter written and signed by Sumitra Devi on 10.10.11 he submitted that she accepted that her claim be settled at Rs. 3,00,000/- and that there was no deficiency in service on the part of the appellant.

2.       On the other hand Mr. Sailendra Jit, learned counsel appearing for the complainant/ R – 1 – Sumitra Devi supported the impugned judgment.  However he submitted that the complainant will abide with any order passed by this Forum.

3.       After considering the entire matter, we are inclined to modify the operative part of the impugned order to the following extent.  The appellant will deposit a lumpsum amount of Rs. 1,00,000/- in the executing court against the interest, compensation and litigation cost awarded by the learned lower forum, within 60 days of this order failing which the appellant will also be liable to pay simple interest @ 12%  per annum  on the said amount from today, till the date of payment/ realization.

4.       As prayed, the statutory amount be returned to the appellant.

                                  With these directions and observations this appeal is disposed off.

  Issue free copy of this order to all concerned for information and needful.

              Ranchi,

              Dated:-13-01-2015