Supreme Court - Daily Orders
Improvement Trust Barnala vs Balbir Singh on 4 October, 2019
Bench: Uday Umesh Lalit, Aniruddha Bose
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.7869-7876 OF 2019
(Arising out of SLP (C) Nos.18560-18567/2019)
IMPROVEMENT TRUST, BARNALA Appellant
VERSUS
BALBIR SINGH ETC. Respondents
O R D E R
Leave granted.
These appeals question the judgment and order dated 19.03.2019 passed by the National Consumer Disputes Redressal Commission (for short “the National Commission”) in Revision Petition Nos.3125 to 3131 of 2019 and order dated 23.04.2019 passed in Revision Petition No.103 of 2019.
While issuing notice on 05.08.2009, the matter was confined to the rate of interest and the order was as under:
“While allowing the First Appeals No.836, 837 and 838 of 2017 against the order passed by the District Forum awarding interest at the rate of 9%, the State Commission increased the rate of interest to 12%. The order passed by the State Commission has been affirmed by the National Commission.
We issue notice, confined only to the quantum of rate of Signature Not Verifiedinterest to be awarded to the original complainants. Digitally signed by MUKESH KUMAR Date: 2019.10.15 10:17:01 IST Reason: Issue notice, returnable on 11.09.2019. 2 We have been apprised that the execution proceedings are presently going on. We have not stayed the operation of the proceedings before the Executing Authority but we direct the present petitioner to deposit the entire decretal sum along with the interest calculated at the rate of 9 per cent as of now.” According to the office report, service has been effected upon the respondents. However, none has entered appearance. Considering the limited nature of notice, in our view, the ends of justice would be met if we scale down the rate of interest from 12% per annum to 9% per annum. We order accordingly. According to the learned counsel appearing for the appellant, the amount of compensation along with interest @ 9% per annum has directly been paid to the concerned complainants and an affidavit to that effect has been filed before the Executing Authority on 19.09.2019.
In view of the above, nothing further need be done in the matter.
With the aforesaid observations, the appeals stand allowed.
.................................J. [UDAY UMESH LALIT] .................................J. [ANIRUDDHA BOSE] NEW DELHI;
OCTOBER 04, 2019
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ITEM NO.51 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) Nos.18560-18567/2019 (Arising out of impugned final judgment and order dated 19-03-2019 in RP No.3125/2018, 19-03-2019 in RP No.3126/2018, 19-03-2019 in RP No.3127/2018, 19-03-2019 in RP No.3128/2018, 19-03-2019 in RP No.3129/2018, 19-03-2019 in RP No.3130/2018, 19-03-2019 in RP No.3131/2018, 23-04-2019 in RP No.103/2019 passed by the National Consumers Disputes Redressal Commission, New Delhi) IMPROVEMENT TRUST BARNALA Petitioner(s) VERSUS BALBIR SINGH Respondent(s) (IA No.109787/2019 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 04-10-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Himanshu Dhawan, Adv.
Mr. Vineet Bhagat, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed, in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(MUKESH NASA) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)