DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
M.A. NO. 27/2020
Arising out of E.A. No. 141/2014
Date of Filing: Date of Disposal:
18.02.2020 12.04.2022
Dhr/s:- | Ram Awtar Ramsisaria, S/o. Late Basudeb Ramsisaria, CF-336, Salt Lake City, Kolkata- 700064. -Vs- |
Jdr/s:- | - The Branch Manager, HDFC Bank Ltd,
CJ-166, Sector-II, Salt Lake City, Kolkata-700091, P.S. Bidhannagar(East). - Dona Chemical, 435, Jessore Road, Kolkata-55,
P.S. Lake Town. 3) Dona Chemical P-48, Bangur Avenue, Block-‘B’, Kolkata-700055, P.S. Lake Town. - The Branch Manager, Bank of Baroda,
Bangur Avenue Branch, 3, Bangur Avenue, Block-‘A’, Kolkata-700055, P.S. Lake Town. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT / FINAL ORDER
The Jdr/ O.P. No.1- HDFC Bank Ltd by filing this M.A. being No. 27/2020 stated that this petitioner /Jdr has already deposited a sum of Rs. 1,37,931/- on 10.02.2017 by a cheque No. 031212 in favour of President, DCDRF, North 24 Parganas. It is further stated that the SCDRC by order dated 19.01.2016 modified the judgment of this District Commission dated 19.09.2014 allowed the case against the O.P. Nos. 1 and 2 and dismissed against O.P. No. 3. O.P. Nos 1 and 2 are directed jointly and severally to make payment of Rs. 63,429/- with 9% interest thereon from 06.09.2013 and litigation cost of Rs. 5,000/- within 30 days otherwise the amount of Rs. 68,429/- shall carry a simple interest of 12% p.a. till realization. The O.P. Nos. 1 and 2 shall not be liable to make payment of compensation and punitive charges as ordered by the District Forum.
This petition accordingly stated that the Dhr/ complainant is entitled to receive a sum of Rs. 94,539/- including interest at the rate of 12% p.a. from 06.09.2013 to 09.02.2017. The Jdr/ petitioner stated that this petitioner was liable only to the extent of half of the amount i.e. Rs. 47269.50 and the other Jdr No. 2 is liable for the remaining half of Rs. 47269.50. Since this petitioner / Jdr – HDFC already deposited Rs. 1,37,931/- is entitled to get a refund of Rs.1,37,931/-(-) Rs. 47269.50= Rs. 90661.50. Hence this petitioner/ Jdr No.1 paid for refund of the amount of Rs. 90661.50 and also a direction to the Jdr No.2- M/s. Dona Chemical to pay to the complainant the balance amount of Rs. 47269.50.
We have considered the contention of the Jdr/ petitioner and also the order of the SCDRC. This petitioner/Jdr has complied with the order of the SCDRC and deposited Rs. 1,37,931/- on 10.02.2017. The decretal dues as per direction of he SCDRC and as calculated by the Jdr/ petitioner is Rs. 94,539/- as on 10.02.2017. Therefore, this petitioner/ Jdr has deposited extra amount of Rs. 1,37,931/- (-) Rs. 94,539/- = Rs. 43,392/-. It is true that the decretal dues are to be paid by the Jdr/ O.P. Nos. 1 and 2 both. But as per direction of the SCDRC the amount is to be paid by O.P. Nos. 1 and 2 jointly and severally which means that both the O.Ps/ Jdrs must pay the decretal amount either jointly or severally. Since the petitioner/ Jdr has paid the entire decretal amount of Rs. 94,539/- it is compliance by both the O.Ps jointly and severally. The petitioner/ Jdr is at liberty to claim the half amount from the O.P. No.2 – Dona Chemicals but since the judgment is complied with we cannot give back the half amount of the decretal amount to the petitioner/Jdr. The petitioner/ Jdr is entitled to get back the excess amount of Rs. 43,392/- deposited by this petitioner/ Jdr on 10.02.2017. Accordingly, we find that the petitioner/Jdr- HDFC Bank Ltd is entitled to get back the amount on 43,392/- i.e. extra deposit amount deposited on 10.02.2017. This petitioner / Jdr is also entitled to claim half of the decretal amount from the Jdr- O.P. No.2 –Dona Chemicals in a separate proceeding.
Contd. To page No. 2 . . . . /
: : 2 : :
C. C. CASE NO. 09/2021
Contd. To page No. 3 . . . . /
: : 3 : :
C. C. CASE NO. 09/2021
Hence,
It is Ordered
Thus the M.A. being No. 27/2020 is disposed of. The petitioner/ Jdr- HDFC Bank Ltd is entitled to get back Rs. 43,392/- i.e. extra deposit made by it onn 10.02.2017.
The D.D.O is to take steps for refund of Rs. 43,392/- that was deposited on 10.02.2017. The M.A. No. 27/2020 is thus disposed of.
Contd. To page No. 4 . . . . /
: : 4 : :
C. C. CASE NO. 09/2021
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President
Member President
