NCDRC

NCDRC

RP/4263/2012

JAIPUR DEVELOPMENT AUTHORITY - Complainant(s)

Versus

UMAKANT AGGARWAL - Opp.Party(s)

MR. MILIND KUMAR

21 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4263 OF 2012
 
(Against the Order dated 17/08/2012 in Appeal No. 964/2012 of the State Commission Rajasthan)
1. JAIPUR DEVELOPMENT AUTHORITY
Through the Commissioner, Jawahar Lal Nehru Marg, Indira Nagar Circle,
JAIPUR - 302015
RAJASTHAN
...........Petitioner(s)
Versus 
1. UMAKANT AGGARWAL
Shri Raghunandan Aggarwal, R/o 5 Anna Sagar Link Road
AJMER
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :
Mr. Milind Kumar, Advocate
For the Respondent :NEMO

Dated : 21 Nov 2012
ORDER

Heard learned counsel for the petitioner at admission stage. In this matter, learned District Forum vide its order dated 14.5.2012 allowed complaint and directed petitioner/opposite party to pay 10% p.a. interest on Rs.20,87,350/- from 23.5.2007 to 7.10.2011 meaning thereby interest was awarded on the deposited amount from the date of deposit to date of refund. -2- State Commission vide impugned order dated 17.8.2012 dismissed appeal filed by the petitioner against which revision petition has been filed. Learned counsel for petitioner submitted that order of State Commission is non-speaking order and further submitted that District Forum should have awarded 9% interest instead of 10% and in such circumstances matter may be remanded back to State Commission. It is true that order of State Commission is non-speaking order but District Forum has passed detailed order and allowed only 10% interest on amount from the date of deposit till date of refund. The only contention of learned counsel for the petitioner is that 9% interest should have been allowed by the District Forum instead of 10%. I see no jurisdictional error in allowing 10% interest on the refunded amount and in such circumstances, order of State Commission and District Forum do not call for any interference. Consequently, petition filed by the petitioner is dismissed at admission stage with no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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