Chandigarh

DF-II

EA/119/2022

Together Events Private Limited - Complainant(s)

Versus

ICICI Bank Limited - Opp.Party(s)

30 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

EA No.119 of 2022 In C.C. NO.136 of 2018

Together Events Pvt. Ltd. VS. ICICI Bank & Anr.

BEFORE:

HON’BLE SMT.PRITI MALHOTRA         PRESIDING MEMBER                   HON’BLE SH.S.K.SARDANA                                    MEMBER

ARGUED BY:        Sh.Subhash Chander Gupta, Decree Holder in person Sh.Sandeep Suri, Adv. for JDs.

Dated : 30th November, 2022

O R D E R

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         The complaint No.136 OF 2018 filed by the complainant was disposed of by this Commission vide order dated 29.12.2021 by passing following  order:-

     “The parties have amicably settled the matter. As per settlement the counsel for the OPs has offered  a lumpsum amount of Rs.60,000/- towards full and final settlement of the case.  The offer of the counsel for the Ops is acceptable to the counsel for the complainant.  Settlement is also arrived at between the parties that no further dispute of any kind regarding the particular account in dispute in this case shall be raised by the complainant.

In view of the above, it is ordered that the OPs shall pay a sum of Rs,60,000/- to the complainant within 5 weeks by way of demand draft  from today failing which the OPs shall pay additional amount of Rs.20,000/- to the complainant.   As per settlement no further issue shall be raised by the complainant in future of any type regarding the account in dispute in this case. Hence, the complaint is disposed of accordingly.

 

3]      It is being argued by the ld.Counsel for the JDs that the order has been complied with within the stipulated period as & when they received the certified copy of the order.

4]       We disagree with the explanation putforth by the ld.Counsel for the JDs as the executable order dated 29.12.2021 was duly passed in the presence of both the parties/Counsel and also that the stipulated period of 5 weeks shall commence from 29.12.2021 when the order was passed and completed on 2.2.2022, whereas the OPs undisputedly got the draft prepared on 3.2.2022, sent it to complainant vide letter dated 4.2.2022, which he received only on 7.2.2022. So it is clear that even the draft has been prepared after the stipulated period.  Therefore, the OPs are liable to pay additional amount of Rs.20,000/- to the complainant per order dated 29.12.2021. 

5]      In view of the above, we direct the OPs to pay an amount of Rs.20,000/- to the complainant. Accordingly, the execution application stands disposed of.

         This order shall be complied with by the OPs within a period of 45 days from today.

         Certified copy of this order be communicated to the parties free of cost. After compliance file be consigned.

Announced

30^th November, 2022                                                              Sd/-  

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(S.K.SARDANA)

MEMBER

Om