Tribunals and CommissionsSingle Bench(2021) 04 NCDRC CK 0013

Debasis Saha vs Ashis Saha

National Consumer Disputes Redressal Commission · Decided on 13 April 2021

HON’BLE JUDGES
Dinesh Singh, Presiding Member
RESULT
Dismissed
CASE NUMBER
First Appeal No. 421 Of 2019

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Judgment

17 paragraphs · 354 words

Taken up through video conferencing.

1.

Heard learned counsel present.

2.

Perused the record.

3.

The State Commission, vide its impugned Order dated 12.02.2019, made the following award:

With the above discussion, the complaint is allowed ex-parte with the following directions:

The OP is directed to refund Rs. 23,00,000/- along with compensation in the form of simple interest @ 8% p.a. from the date of each payment till its full realisation,

The OP is directed to pay Rs. 10,000/- to the complainant as costs of litigation.

The above payment must be made within 60 days from date.

4.

This appeal has been filed by the complainant / appellant to seek enhancement in compensation.

5.

During the course of the arguments, learned counsel for the opposite party / respondent requests for a brief interlude to seek instructions.

After the interlude, learned counsel for the opposite party / respondent submits, on instructions, that the opposite party / respondent will comply with the award in its entirety within a period of two weeks from today. The submission, made on instructions, is recorded. The opposite party / respondent shall be bound by the submission made by its learned counsel.

6.

Regarding the question at hand, it is seen that the State Commission has directed for refund of the amount deposited by the complainant / appellant with interest at the rate of 8% p.a. along with cost of litigation of Rs. 10,000/-.

In the facts and circumstances of the present case, the award appears to be just and equitable, it needs no interference from this Commission.

7.

It goes without saying that if the award is not made good within the assured period of two weeks from today, the State Commission shall undertake execution, for 'Enforcement' and for 'Penalties', as per the law.

8.

With the discussion abridged above, the supplication for enhancement in compensation is dismissed.

9.

The Registry is requested to send a copy each of this Order to the parties and to their learned counsel within three days from today.

The stenographer is requested to upload this Order on the website of this Commission today itself