Tribunals and CommissionsDivision Bench(2023) 05 NCDRC CK 0133

College Of Engineering Science & Technology vs Akhilesh Srivastava & Anr

National Consumer Disputes Redressal Commission · Decided on 30 May 2023

HON’BLE JUDGES
Ram Surat Ram Maurya, Presiding Member · Karuna Nand Bajpayee, Member
RESULT
Disposed Of
CASE NUMBER
First Appeal No. 1925 Of 2019

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Judgment

5 paragraphs · 312 words
1.

Heard counsel for the parties.

2.

Above appeal has been filed against the Order of the Uttar Pradesh State Consumer Disputes Redressal  Commission dated 31.07.2019 whereby the State Commission has passed the following directions:

“This complaint is allowed partly for payment of Rs.60,00,000/- (Rupees sixty lakhs only).  It is directed to the defendants to make payment of this amount to the complainant within 45 days to receipt of attested copy of the judgment.  Payment of this amount shall be made equally by both the defendants. Besides above, it is also directed to the defendants to make payment of the amount of Rs.5,000/- as costs of the complaint to the complainant positively within the above specified period.  It is also directed to the defendants that in the situation of not making payment of the above amount within the specified period, annual simple interest at the rate of 08 per cent per annum shall also be payable on the total amount from the date of filing complaint until actual payment of the total amount.”

3.

A perusal of the Order of State Commission shows that the State Commission has directed both the opposite parties to pay Rs. 60 lakhs to the complainant equally.  The counsel for the appellant states that appellant is ready to pay Rs. 30 lakhs of its share along with interest and has also paid more than 17 lakhs till today.  He states that the appellant will pay balance amount within six months in equal instalments.

4.

In view of the submission of the counsel for the appellant the appeal is disposed of directing the appellant to pay the balance amount of its share in six equal instalments within six months to the complainant / respondent no. 1.  First instalment will be paid upto 5th July 2023 and remaining instalments will be paid every month upto 5th of the month.