Chandigarh

StateCommission

MA/732/2022

New India Assurance Company Ltd. - Complainant(s)

Versus

M/s SPDD Ifra Pvt. Ltd. - Opp.Party(s)

Pradeep Sharma Adv.

27 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

 

MA/732/2022 & MA/805/2022

In

A/33/2022

 

 

New India Assurance Co. Ltd. & anr.   Vs.   M/s SPDD Infra Pvt. Ltd.

 

 

BEFORE:    JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                  MR. RAJESH K. ARYA, MEMBER

 

Argued By:-

Sh. Pradeep Sharma, Advocate for the applicant/respondent.

Sh. R. C. Gupta, Advocate for the non-applicants/appellants.

PER  RAJESH  K.  ARYA, MEMBER

                   The only point to be addressed in the present application is as to whether the claim of the applicant/respondent – M/s PDD Infra Private Limited to the tune of Rs.8,35,907/- is justified.

[2]               Admittedly, in the present case, vide order dated 30.11.2022, an amount of Rs.57,56,719/-  plus Rs.50,000/- has already been released by this Commission in favour of the applicant/respondent, out of the amount of Rs.84,76,427/- i.e. Rs.42,61,805/- + Rs.42,14,622/-, deposited by the non-applicants/appellants in First Appeal No.33 of 2022 which was lying deposited in the shape of Fixed Deposit Receipt with this Commission. The remaining amount of the Fixed Deposit Receipt i.e. Rs.28,51,509/- has again been reinvested in the Fixed Deposit Receipt in terms of order dated 07.12.2022.

[3]               It may be stated here that the order dated 21.12.2022 of Ld. District Commission-I, U.T., Chandigarh in CC/436/2020 was modified by this Commission vide order dated 19.09.2022 passed in Appeal No.33 of 2022, whereby the appellants/opposite parties were, jointly and severally, directed to pay the amount of Rs.57,56,719/- i.e. Rs.75 lacs minus (-) Rs.17,43,281/- (5% on claim amount of Rs.3,48,65,621/- towards excess clause) to the respondent/complainant alongwith interest @5% per annum after three months of the survey report dated 01.08.2019 (Annexure OP-6) i.e. from 01.11.2019 onwards, besides awarding lumpsum compensation of Rs.50,000/-. The order was directed to be complied within by the appellants/opposite parties within a period of 30 days from the date of receipt of copy of the said order, failing which, the awarded amounts were to further entail penal interest @9% p.a. from the date of default till realization.

[4]               On 27.10.2022, the applicant/respondent/complainant has moved MA/805/2022 for placing on record fresh calculation. The fresh calculation is taken on record and MA/805/2022 stands disposed of accordingly.

[5]               Bare perusal of fresh calculation transpires that on principal amount of Rs.57,56,719/-, an amount of Rs.8,35,9078/- has been calculated as interest @5% p.a. for the period from 01.11.2019 to 26.09.2022 (the date of filing of MA/732/2022) and thus, adding the principal amount & Rs.50,000/- as lumpsum compensation to it, the total amount due to be paid within 30 days of receipt of order dated 19.09.2022 and as on the date of filing MA/732/2022 i.e. 26.09.2022, has been calculated as Rs.66,42,626/-. The applicant/respondent/ complainant has further claimed an amount of Rs.76,982/- as penal interest @9% p.a. on Rs.66,42,626/- from the date of default i.e. 26.09.2022 till 12.11.2022. Thus, the applicant/respondent/ complainant has claimed a total amount of Rs.67,19,608/-, as against, which an amount of Rs.58,06,719/- (Rs.57,56,719/- + Rs.50,000/-) already stood released in its favour.

[6]               In our considered opinion, since admittedly, the amount of Rs.58,06,719/- (Rs.57,56,719/- + Rs.50,000/-) already stood released in favour of the applicant/respondent – M/s SPDD Infra Private Limited, as such, it is entitled to remaining decretal amount of Rs.7,42,065/- calculated as under:-

 

Due date	Amount (Rs.	Interest calculated @5% p.a. up-to	Days	Years	Total payable interest @5% p.a.
01-11-2019	5756719	30-05-2022	941	2.578082	742064.7

 

It is significant to mention here that the interest on the amount of Rs.57,56,719/- has been taken into consideration till 30.05.2022 i.e. the date, when the application to deposit the complete awarded amount was filed with this Commission and the said amount stood deposited before this Commission. However, the applicant is not entitled for any interest after 30.05.2022 in view of ratio of law laid down by Hon’ble Supreme Court of India in Gurpreet Singh Vs. Union of India, Appeal (Civil) 4570 of 2006 decided on 19.10.2006.

[7]               Accordingly, the Secretary of this Commission is directed to get the aforesaid Fixed Deposit Receipt liquidated and release an amount of Rs.7,42,065/- only in favour of the applicant/respondent – M/s SPDD Infra Private Limited, against proper receipt and identification. The remaining amount be re-invested in the shape of Fixed Deposit Receipt for a period of three months.

[8]               Office to do the needful forthwith.

[9]               Accordingly, this application (MA/732/2022) stands disposed of.

[10]             Certified copy of this order be sent to the parties free of charge.

[11]             Copy of this order be also sent to the parties/Counsel through email/whatsapp.

[12]             Copy of this order be also sent to the Ld. District Commission-I, U.T., Chandigarh forthwith.

[13]             File be consigned to the Record Room after completion.

Pronounced

27.12.2022.

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

(RAJESH K. ARYA)

MEMBER

 

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