S.L. BHARGAVA vs EXECUTIVE ENGINEER, D.D.A.

MR. Sharma states that the DDA has filed an appeal against the order of the State Commission and the appeal has been admitted by the National Commission.

A decree was passed for recovery of Rs. 100/- deposited by the complainant on account of security and interest @10% from the date of deposit namely 5.12.79 till the date of payment. Mr. Sharma submits that a cheque of Rs. 100/- was sent to the complainant which he refused to accept. Mr. Sharma is ready to pay Rs. 100/- but he says that in view of the appeal to the National Commission he may not be directed to pay the amount of interest. We have heard both the parties. We, how- ever, regret our inability to accept the contention of Mr. Sharma. The execution of the decree has not been stayed by the National Commission. There- fore, we direct Mr. Sharma to pay whole of the amount which comes to Rs. 213/- Rs. l00/- security and Rs. 113/- interest) to the complainant. Mr. Sharma has paid the amount to the complainant.

Mr. S.L. Bhargava, complainant undertakes, that in case the appeal of the D.D.A. is accepted by the National Commission, he shall deposit the amount as directed by the National Commission within one month after passing of the order by the National Commission. It may also be mentioned that the complainant has returned the original receipt No. 110311 dated 5.12.79 for Rs. 100/- to Mr. Sharma, Executive Engineer, which was issued by the D.D.A. to the complainant at the time of accepting the deposit. The application stands disposed of accordingly. Application disposed of.