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Kirti Chandra Kanungo v. Sahara City Homes Marketing & Sales Corporations & 2 Ors

Kirti Chandra Kanungo v. Sahara City Homes Marketing & Sales Corporations & 2 Ors

(National Consumer Disputes Redressal Commission, New Delhi)

Revision Petition No. 3566/2013 | 11-12-2013

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioner against the order dated 30.8.2013 passed by Odisha State Consumer Disputes -1- Redressal Commission, Cuttack (in short, he State Commission in Appeal No. 228 of 2013 Kirti Chandra Kanungo Vs. Sahara City Homes Marketing & Sales Corporation & Ors. by which, while dismissing appeal, order of District Forum was upheld. 2. Brief facts of the case are that complainant/petitioner filed Complaint No. 296 of 2009 before District Forum and learned District Forum dismissed complaint. On appeal, learned State Commission vide order dated 19.4.2010, allowed appeal and directed OP to refund deposited money of Rs.90,800/- with 6% p.a. interest. Complainant filed revision petition and this Commission in R.P. 2091 of 2010 decided on 12.7.2011 directed OP to refund aforesaid amount with 18% p.a. interest. As OP-respondent-judgment debtor failed to comply the order of this Commission, complainant filed execution petition demanding Rs.3,00,193/- as on 31.3.2012. OP-respondent in reply submitted that principal amount of Rs.90,800/- were deposited on 15.1.2005 and interest @ 18% p.a. till

11.6.2012 was calculated which comes to Rs.1,21,055/- and after deducting TDS Rs.12,252/-, remaining balance of Rs.1,99,633/- was paid to the complainant through demand draft dated

13.6.2012 and prayed for recall of non-bailable warrants issued by District Forum. Learned District forum after hearing both the parties, dismissed the execution application and recalled non-bailable warrants. Appeal filed by the petitioner was dismissed by learned State Commission in limine vide impugned order against which, this revision petition has been filed. 3. Heard petitioner in person at admission stage and perused record. 4. Petitioner submitted that respondent was to make payment @ 18% p.a. compound interest, whereas only simple interest has been paid; hence, revision petition be admitted. Order of this Commission runs as under: e are, therefore, of the opinion that the order passed by the fora below should be modified to the extent that the opposite party is directed to refund the deposited amount of Rs.90,800/- along with interest @ 18% p.a. w.e.f. the date of deposit till its payment. The payment shall be made to the complainant-petitioner within a period of four weeks by means of a demand draft 5. Perusal of order clearly reveals that only 18% p.a. simple interest has been allowed by this Commission and as there was no direction for compound interest, petitioner was not entitled to grant of compound interest. Learned State Commission rightly dismissed appeal and we do not find any infirmity in the order of District Forum dismissing execution. 6. Petitioner has submitted that as respondent is charging 18% p.a. compounding interest; hence, petitioner should also be allowed compounding interest. We do not find any substance in the submissions of the petitioner because this Commission has awarded 18% p.a. simple interest and District Forum had no authority to modify the order of this Commission and allow compound interest. 7. Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to costs. ......................J K.S. CHAUDHARI PRESIDING MEMBER ...................... DR. B.C. GUPTA MEMBER

Advocate List
Bench
  • MR. K.S. CHAUDHARI, PRESIDING MEMBER
  • MR. B.C. GUPTA, MEMBER
Eq Citations
  • 1 (2014) CPJ 98 (NC)
  • LQ/NCDRC/2013/4959
  • 1 (2014) CPJ 98 (NC)
  • 2014 (1) C.P.C. 195
Head Note

Consumer Protection — Interest — Compound interest — Grant of — Only 18% p.a. simple interest having been allowed by the Commission, petitioner not entitled to grant of compound interest — Respondent having paid 18% p.a. interest along with principal amount, District Forum had no authority to modify the order of the Commission and allow compound interest