Punjab

Rupnagar

CC/14/96

Nirmal Kaur - Complainant(s)

Versus

Suryavanshi Jewellers - Opp.Party(s)

27 May 2015

ORDER

ORDER

 

          It is pertinent to mention here that on 2.2.2015, the parties had arrived at compromise, according to which the O.P. was to pay a sum of Rs.65,000/- in full & final settlement of the dispute. Out of which, the O.P. had paid an amount of Rs.20,000/- to the complainant on the said date itself and for payment of the remaining amount of Rs.45000/- the O.P. sought one month’s time, to which the complainant had no objection. Accordingly, the case was adjourned to 02.03.2015 for making payment of the said remaining amount of Rs.45,000/-. It may be stated that on the repeated requests of the learned counsel for the O.P., the case was adjourned for many times for making payment of the said remaining amount. However, on 13.3.2015, an further amount of Rs.20,000/- out of remaining amount of Rs.45,000/- was paid to the complainant by the O.P. and at the request of the O.P. the learned counsel for the O.P. the case was once again adjourned to 6.4.2015 for making payment of remaining amount of Rs.25,000/-. Even on the said date the payment of remaining amount was not made and it was on 24.4.2015 that a payment of Rs.8500/- only was made to the complainant by the O.P. and the case was again adjourned to 08.05.2015 for making payment of the remaining amount of Rs.16,500/-, at the request of the learned counsel for the O.P., to which the learned counsel for the complainant had no objection. On 08.05.2015, the learned counsel for the O.P. again requested for adjournment for making payment of the remaining amount of Rs.16,500/- and the case was adjourned to 20.05.2015 for the said purpose. On 20.5.2015, the learned counsel for the complainant had stated that the complainant had received a further sum of Rs.10,000/- from the O.P. and he has no objection, if a date be given to the O.P., as requested by his counsel, for the payment of the remaining amount of Rs.6500/-. Accordingly, the case was adjourned to 26.5.2015 for making payment of the said amount by the O.P. On 26.5.2015, at the request of the learned counsel for the O.P. that the O.P. would pay the remaining amount of Rs.6500/- to the complainant positively by tomorrow, the case was adjourned to today i.e. 27.5.2015, for the said purpose. Even today, the learned counsel for the O.P. again requests for an adjournment for making remaining payment of Rs.6500/-. The learned counsel for the complainant strongly opposes adjournment sought by the learned counsel for the O.P. and submits that the O.P. has already availed many adjournments for the purpose of making payment as per compromise; therefore, no further adjournment should be given. It may be stated that since much more than sufficient time has already been granted to the O.P. for making payment of the amount as per the compromise arrived at between the parties, therefore, we do not find any sufficient reason to further adjourn the case for the said purpose, and the request made by the learned counsel for the O.P. is declined being unreasonable. Accordingly, we dispose of the complaint with the direction to the O.P. to make payment of said remaining amount of Rs.6500/- to the complainant within 15 days from today, failing which the O.P. shall be liable to pay the said amount of Rs.6500/- to the complainant alongwith interest @ 9% P.A. w.e.f. today i.e. 27.05.2015, till realization. The parties are left to bear their own costs. The file be indexed & consigned to the Record Room.