Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.11.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 53,850/- ( Rs. Fifty Three Thousand Eight Hundred Fifty only ) + interest, damages, compensation.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has filed this case in a Performa for filing complaint case before this Forum under the Consumer Protection Act 1986. In serial -3 of the aforesaid Performa following facts have been asserted, “for recovery of Rs. 20,000/- + 33,850/- from penal interest from 02.08.2008 and from 15.07.2011 and compensation as Rs. 20,000/- was never sent to me and after maturity the amount had not been paid even on complaint that Rs. 20,000/- which was payable to me after 15.07.2008 was never sent to me.”
The complainant has prayed for recovery of a sum of Rs. 53,850/- + compensation and litigation costs etc.
On behalf of opposite parties a written statement has been filed, in Para – 5 of written statement it has been stated that the claim of the complainant was verified and found that SB claim due 7/08 was paid vide cheque no. 844257 dated 23.03.2008 amounting to Rs. 20,000/-. In Para – 6 of the written statement following facts have been asserted, “ that the opposite party when verified from corporation bank and the same cheque vide cheque no. 844257 was incashed in August 2008 at State Bank of India High Court Campus in account no. 10839303724 which stands in the name of complainant.”
It has been stated in Para – 7 of the written statement that the complainant has encashed the aforesaid cheque (annexure – A) in his account.
On behalf of the complainant a rejoinder has been filed stating therein that the payment of Rs. 20,000/- was paid on 23.07.2008 instead of 15.07.2008 due to which the complainant has put to loss of Rs. 200/-. In Para – 3 of the rejoinder it has been stated that the bonus amount has been paid to the complainant on 24.10.2013 instead of 15.07.2011 and thus the complainant needs compound interest from 15.07.2011 to 24.10.2013.
Heard the learned counsel for the parties in the light of the fact asserted by them in their complaint petition, written statement as well as rejoinder.
It transpires from Judicial record that this complaint case was filed on 17.12.2011 while as per Para 4 and 5 of written statement it transpires that the complainant has received Rs. 20,000/- on 23.07.2008 while Para – 2 and 3 of the rejoinder it transpires that the complainant has received the aforesaid amount after delay of 8 days because the aforesaid amount was required to be paid to the complainant on 15.07.2008.
It further transpires that in whole of the written statement there is no whisper of payment of bonus amount of Rs. 33,850/- but the complainant had admitted in his rejoinder that on 24.10.2013 Rs. 33,850/- was paid to him and hence the complainant has submitted that the panel interest from 15.07.2011 to 24.10.2013 be paid to him because the bonus was required to be paid to the complainant on 15.07.2011.
It goes without saying that as the written statement filed on behalf of opposite party is silent on point of payment of bonus amount o the complainant on 24.10.2013 but this fact has been admitted in Para – 3 of Reply ( Rejoinder ) of the complainant.
From perusal of annexure – 1 as well as chart of the complainant in Para – 4 of the rejoinder this much is clear that there is no dispute with regard to the payments of 2 earlier installments.
Thus we find that the complainant is entitled to receive interest of Rs. 33,850/- from 15.07.2011 to 24.10.2013.
So far payment of Rs. 20,000/- to the complainant after delay of 8 days concerned we think that some time may take in procedural matter and hence delay of 8 days is not alarming while the delay in payment of bonus amount of Rs. 33,850/- from 15.07.2011 to 24.10.2013 is alarming which clearly proves deficiency on the part of opposite party.
Hence we direct the opposite party to pay interest @ 12% on Rs. 33,850/- from 15.07.2011 to 24.10.2013 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party will pay panel interest @ 18% on the aforesaid amount of Rs. 33,850/- till its final payment.
Opposite party is further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
