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Judgment
In terms of the earlier orders dated 24.07.2023 and IA No. 7807 of 2023 as well as the affidavit filed by the Opposite Parties in support thereof which is dated 29.11.2022 and has been filed in the Registry on 09.06.2023, it is apparent that there was an understanding between the parties for refund without any interest. The application moved the applicant, who is legal heir/wife of the complainant, in para-2 categorically states that she has agreed to accept the refund only of the principal amount without interest.
What has happened is that the last instalment as per the arrangement was to be paid on 28.04.2023 but the same has now been satisfied today through a bank draft of Rs.13,75,314/-. The draft has been handed over to the learned counsel for the complainant in the presence of the son of the complainant no.2. An endorsement of receipt of the draft be made on the order sheet.
So far as the payments are concerned, they were agreed without any claim of interest but the fact remains that the last instalment which was to be paid on 28.04.2023 has been paid today i.e. 28.08.2023. There is definitely a delay of four months in the making that payment. Accordingly, this Commission finds it necessary to award Rs.10,000/- against the opposite parties for being paid to the legal heir of the complainant for this delay which has been caused by the opposite parties. Let the said amount of Rs.10,000/- be transmitted within a week. The said settlement is full, final and complete between the parties subject to no exceptions otherwise not prohibited by law.
Keeping in view the aforesaid payments having been agreed upon, and the matter having been amicably settled, we consign this consumer complaint in the said background without any further orders. The original documents of the unit may be handed over by the legal heir of the complainant to the opposite parties within two days.