Haryana

Ambala

EA/59/2018

SANT RAM - Complainant(s)

Versus

U.H.B.V.N - Opp.Party(s)

09 Apr 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

                                                          Execution No. 59/2018.

                                                          Date of Instt: 13.04.2018.                                                                           Date of Order: 09.04.2021     

 

Sant Ram aged about 6 years, s/o Sh. Jai Parkash Sharma, R/o Vill. And Post Office Bijalpur Tehsil Barara, Distt. Ambala.

                                                                   ……….Decree Holder.  

                                                Versus

1.       The S.D.O. U.H.B.V.N. Sadhura, Tehsil Bilasur, Distt.         Yamunanagar.

2.       The Managing Director, U.H.B.V.N.         

..……..Opposite Parties.

 

Application u/s 25 of Consumer Protection Act, 1986.

 

Present:   Sh. Om Parkash Adv. for DH.

                Sh. Vivek Sachdeva, Adv. for JD.

 

                   Sh. Sant Ram has filed this execution application against the JDs for compliance of the order dated 07.07.2017 passed by this Commission.

2.                In brief, it is averred by the Decree Holder (hereinafter referred as DH) that he has filed a complaint before this Ld. Commission which was accepted by this Commission vide its order dated 07.07.2017, directing the OPs to release the electric tubewell connection in favour of complainant and to pay Rs. 20,000/- as compensation, within a period of two months, failing which the awarded amount will carry 9 % interest from the date of order till its realization. On 04.04.2018 applicant/complainant approached and requested the Judgment Debtors (hereinafter referred as JDs) to comply with the order, but they flatly refused to make the compliance of order dated 07.07.2017 passed by this Commission.

3.                On being put to notice, respondents/JDs appeared through counsel and they instead of filing  reply to the execution application,  have filed an application stating therein that on receipt on notice, J.Ds before this Commission and were ready to pay the claim amount, as per the execution application. Since, at the time of paying the amount, the JDs were not having copy of order dated 07.07.2017 passed by this commission and on the demand of the DH, they paid Rs.38,630 through cheque No. 048074 dated 29.11.2018, drawn  in favour of Sant Ram, DH. After receiving the copy of the order, the JDs pointed out to the DH that excess amount has been paid to him. On calculation, it was found that as on 30.11.2018, the JDs were to pay Rs.25,520/-, which is detailed below:-

1. Amount of compensation awarded                = 20000/-

2.  Interest @ 9 % P.A. from 7.7.2017

     i.e. the date of order to 3.11.2018                 = 2520/-

          i.e. the date of payment  to 31.11.2018

          date of payment, which comes out to

          be 511 days.

3. Litigation cost= 3000/-

4. Total                                                               =25520/-

 

                   As such the JDs have paid Rs. 13110/- in excess, therefore, the DH may be directed to refund the amount of Rs.13110/-.

4.                Reply to the said application dated 05.12.2018, filed by the JDs for issuance of directions to the DH, to refund the excess amount of Rs. 13110/-, was filed by the DH stating there in that the complainant had  claimed  interest @ 9 % per month and not per annunm and the JDs have to make the payment of Rs. 20,000/- alongwith interest @ 9 % per month, which comes out to be, Rs. 18630/- and also Rs. 3000/- as litigation cost which comes out to be Rs. 41630/- but the JDs have paid  Rs. 38630/- only, in this way Rs. 3000/- less was  paid by JDs. It is prayed that the application filed by the JDs may kindly be dismissed and directions may be issued to the JDs to pay Rs.3000/- alongwith interest @ 9% per month w.e.f. from 7.7.2018  i.e. the date of order till its realization.

5.                          We have heard the learned counsel of the parties and carefully gone through the case file.

6.                          It is a settled law that the executing Court cannot go behind the decree and every endeavour shall be made by the executing Court for execution of the order in letter and spirit. As a matter of fact the periodicity of charging of interest has not been mentioned in the order dated 07.07.2017 passed by this Commission in the CC No. 315/2013 tilted as Sant Ram Vs. UHBVNL etc. This order has not been challenged by any of the party, as such the order dated 07.07.2017 passed by this Commission had attained finality. Taking these peculiar facts and circumstances into consideration and the fact  that no specific direction  was passed by this Commission regarding the periodicity of charging of interest on the awarded amount, so the indulgence of executing Court is necessary. It may be stated here that in the complaint CC No. 315 of 2013 referred to above, complainant had prayed for issuance of directions to the OPs to pay the complainant Rs. 5 Lacs as compensation alongwith interest @ 24 % per annum, from the date of applying for electricity connection upto the date of final order. As such the contention of the DH that he is entitled to get the awarded amount on monthly basis gets falsified. Even otherwise the Courts/Commissions are awarding interest per annum on the compensation amount and not on the monthly basis. The DH is thus, is entitled to get the awarded amount alognwith interest @ 9 % per annum and not per month. As per the order dated 07.07.2017 passed by this Commission as on 29.11.2018 i.e. the date of payment of awarded amount by the JDs, the complainant was entitled to get Rs. 25520/- and not Rs. 38630/-. In this way the JDs are entitled to get refund of Rs.13110/- , which was paid in excess. In this view of the matter we hereby dispose of the execution application filed by the DH and also the application filed by the JDs, with the directions to the DH to refund the excess amount of Rs. 13110/- to the JDs, within one month from the date of receipt of the certified copy of this order. In case the said amount is not refunded by the DH to the JDs within the stipulated period of one month, then JDs shall recover the amount of Rs. 13110/- from the DH, by adding in the future electricity bill of the DH. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be consigned to record room after due compliance.