Chandigarh

StateCommission

MA/816/2022

Brahm Parkash Gaur - Complainant(s)

Versus

M/s Yellow Stone Builders Pvt. Ltd. - Opp.Party(s)

In Person

16 Jan 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Miscellaneous Application No.	:	816 of 2022
In CC/118/2016
Date of Institution	:	03.11.2022
Date of Decision	:	16.01.2023

 

 

 

 

 

 

 

Brahm Parkash Gaur, Aged 72 years R/o House No.8, Sector 51A, Chandigarh, Presently staying at H.No.181, 10^th Floor, Tower D-4, Sandwood Opulencia, Sector-110, Kharar Landra Road, Mohali-140307.

 

……Applicant/Complainant.

Versus

1]       Ms Yellow Stone Builders Pvt. Ltd. through its Director Tejinder Singh, SCO No.123-124, 3^rd Floor, Sector 17, Chandigarh.

2]       Mr. Tejinder Singh, Director, M/s Yellow Stone Builders Pvt. Ltd. and M/s Sukhm Infrastructure Pvt. Ltd., SCO No.123-124, 3^rd Floor, Sector 17, Chandigarh-160017.

3]       Mrs. Paramjot Kaur, Director, M/s Yellow Stone Builders Pvt. Ltd. and M/s Sukhm Infrastructure Pvt. Ltd., SCO No.123-124, 3^rd Floor, Sector 17, Chandigarh-160017.

…..Non-applicants/Opposite Parties.

 

 

BEFORE:    JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                  MR. RAJESH K. ARYA, MEMBER

 

Argued By:-      

Sh. Brahm Parkash Gaur, applicant/complainant in person.

Sh. Manoj Vashishtha, Advocate for the non-applicants/opposite parties.

 

 

 

 

 

PER  RAJESH  K.  ARYA, MEMBER

                    This application has been filed by the complainant/decree holder for release of the deposited amount with this Commission by the opposite parties on 22.05.2019 on orders of Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Appeal No.1618 of 2016.

2]                The background of the case is that this Commission partly allowed complaint No.118 of 2016 of the applicant/complainant vide order dated 25.07.2016, which order was then modified by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in First Appeal No.1618 of 2016 vide order dated 02.08.2022 as follows:-

“10.    In view of the above contentions of the parties, I modify the impugned order and issue the following directions:

(i)    The Appellant is directed to refund the amount of ₹29,25,000/- to the Complainant along with interest @ 9% p.a. from the respective dates of deposits till the date of payment.

(ii)   The litigation cost as awarded by the State Commission shall also be paid.  In addition to that litigation cost, litigation cost for litigating before this Commission is also awarded to the tune of ₹25,000/-.

11.    This payment shall be made within eight weeks from this order, failing which the amount shall carry interest @ 12% p.a.  Execution of the entire relief shall be filed before the State Commission.”

3]                The contention of the applicant/complainant is that since the opposite parties have failed to deposit the decretal amount within eight weeks from the date of passing of order by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, therefore, they (opposite parties) are liable to pay interest @12% p.a. on the decretal amount, which as per his calculation sheet, has now becomes Rs.38,38,688/-.

4]                On the other hand, the opposite parties filed objections, wherein they have stated that the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in order dated 22.05.2019 has duly recorded that a sum of Rs.30,00,000/ was already refunded by the JDs to the Decree Holder and a further sum of Rs.36,72,085/- also stood deposited with this Commission, thus, in totality, a sum of Rs.66,72,085/ already stood paid on the part of the opposite parties as per order dated 22.05.2019. It has further been stated that as per their calculation, as given in Para 5 of objections, the complainant is entitled to interest @9% p.a. on the deposited amounts from the date of deposit up-till 22.05.2019, which comes to Rs.48,62,233.97. It has further been stated that the complainant has wrongly filed calculation with interest @12% p.a. It has further been stated that against Rs.48,62,233.97, a sum of Rs.66,72,085/- stood paid by the opposite parties and a sum of Rs.17,84,851/- is required to be refunded back to the opposite parties.

5]                After considering the rival contentions of the parties and going through the record and the respective calculations, we are of the considered view that the prayer of the complainant with regard to 12% interest is not justified for the reasons to be recorded hereinafter. Undisputedly, amounts of Rs.32,27,327/- & Rs.4,44,758/- (totaling Rs.36,72,085/-), which were deposited by Aeropolis Infrastructure Private Limited, are lying deposited with this Commission in the shape of two separate Fixed Deposit Receipts since March 2019. No doubt, vide final order dated 02.08.2022, the Hon’ble National Commission has directed the opposite parties to pay the amount alongwith interest @9% p.a. within a period of eight weeks from the date of passing of the said order dated 02.08.2022, failing which, 12% interest shall accrue on the decretal amount but since the amount already stood deposited with this Commission prior to passing of the said final order by Hon’ble National Commission, therefore, the applicant/complainant is entitled to 9% p.a. interest and not 12% on the deposited amounts, from the date of respective deposits till the amount is deposited with this Commission in March 2019. Going a step further, the opposite parties have calculated interest @9% p.a. on the deposited amounts till 22.05.2019 i.e. the date on which operation of order dated 25.07.2016 of this Commission was stayed. We have gone through the calculation of the opposite parties as given in their objections and are of the view, that they have rightly calculated the amount of Rs.48,62,233.97 (say Rs.48,62,234/- rounded of) taking interest component as 9% p.a. from the respective dates of deposits till 22.05.2019). It may be stated here that in addition to Rs.20,000/- awarded as litigation cost by this Commission, the Hon’ble National Commission has also awarded litigation cost of Rs.25,000/-, which the opposite parties are also liable to pay to the complainant/decree holder. Since, admittedly an amount of Rs.30,00,000/- already stood paid by the opposite parties to the complainant, as also recorded by Hon’ble National Commission in its order dated 22.05.2019, therefore, the complainant is held entitled to further amount of Rs.19,07,234/-  only out of the amounts lying deposited with this Commission and the remaining amount including interest is to be refunded to the opposite parties.

6]                Accordingly, the Secretary of this Commission is directed to get both the aforesaid Fixed Deposit Receipts liquidated and release an amount of Rs.19,07,234/- only, in favour of the applicant/complainant  -  Sh. Brahm Parkash Gaur against proper receipt and identification and the remaining amount including interest be released in favour of the non-applicants/opposite parties i.e. Aeropolis Infrastructure Private Limited against proper receipt and identification.

7]                Office to do the needful forthwith.

8]                Accordingly, this application stands disposed of.

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

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

11]              File be consigned to the Record Room after completion.

Pronounced

16.01.2023.

[RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

(RAJESH K. ARYA)

MEMBER

 

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