IA/3001/2020

This Application has been moved seeking withdrawal of the amount which stands deposited before the State Consumer Disputes Redressal Commission, Punjab under the statutory provisions or even otherwise under Orders of this Commission.

When the Application was taken up, learned Counsel for the Appellant relied on the two judgments, M/s Manohar Infrastructure and Constructions Private Limited and others versus Mr. Ankit Jain in First Appeal No. 185 of 2020 decided on 17.05.2022 and the judgment dated 19.12.2022 in the case of M/s Manohar Infrastructure and Constructions Private Limited and others versus Harvinder Singh in First Appeal No. 916 of 2018, wherein identical Complaints came up for consideration before this Commission and were disposed of finally, upholding the Orders of the State Commission but modifying the rate of interest payable reducing it to 9%. There is no dispute that the aforesaid judgments have been delivered in the same nature of proceedings and are not disputed either by the learned Counsel for the Appellant or by learned Counsel for the Respondents / Complainants who are present. It is also pointed out that no Appeal has been preferred by the Appellant against these judgments before the Apex Court or any other Forum. Thus, keeping in view the aforesaid fact of finality reached in those judgments, learned Counsel for both the Parties pray to dispose of this Appeal on the said terms.

It is in this background that the present Application has been taken up along with the Appeal.

Having heard the learned Counsel for the Parties, this Appeal stands disposed of on the same terms with the same modification allowing the interest at the rate of 9%. The calculations have to be made accordingly. It is stated that the amount which has been deposited before the State Commission has not been released as yet.

It is directed that State Commission shall proceed to release the amount deposited, in view of the final disposal of this Appeal. It is further directed that the decretal amount shall be calculated along with 9% interest and to that extent the impugned order stands modified. The balance amount payable shall be deposited before the State Commission or can be directly disbursed to the Respondents / Complainants by the Appellant within four months from today.

In the event of any default on the part of the Appellant, the rate of interest shall stand revised to 12% and it shall be open to the Complainants to execute the said Order accordingly.