State Consumer Disputes Redressal Commission
1. Smt. Shashi Nandkishore Julka, vs Shri Arun Mahadev Naik, on 10 February, 2010
THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANAJI-GOA Present: Smt. Sandra Vaz e CorreiaPresiding Member Smt. Caroline Collasso, Member Execution Application No.1/2003 1. Smt. Shashi Nandkishore Julka, 2. Smt. Nivedita Rahul Julka, 9/601 Rock Castle, New Link Road, Kandarpada Dahisar, West Mumbai 400 068. Decree Holders (Original Complainants) v/s Shri Arun Mahadev Naik, Proprietor, Aditya Construction, Alto Duler, Mapusa Goa. Opposite Party (Original Opposite Party) For the Decree Holder ..Shri Laximikant Halornekar And none present at the time of order. None for the Judgment Debtor Dated: 10-02-2010 ORDER
[Per Smt Sandra Vaz e Correia, Presiding Member] This order shall dispose execution application dated 07-02-2003 filed by the decree-holders. The decree holders are seeking the judgment debtors compliance of this Commissions order dated 03-06-2002 in Complaint no. 12/2001 whereby they were directed to refund an amount of Rs. 2,25,000/- with interest @ 18% p.a. from the date each instalment was actually paid till full realisation; to pay an amount of Rs. 32,250/- as compensation/damages with interest @ 18% p.a. from 01-09-1999 till full realisation and further to pay an amount of Rs. 10,000/- as costs. The order was partly modified by Honble Supreme Court by order dated 06-05-2009 in Civil Appeal no. 308/2004 wherein the interest on the compensation/damages was reduced from 18% to 12% p.a. In the course of these proceedings, certificate was issued to Collector of North Goa and an amount of Rs.
3,38,984/- was recovered and paid to the decree holders by the recovery court and further amount of Rs. 2,42,250/- was paid by the judgment debtors. Thus, an aggregate amount of Rs. 5,81,234/-
has been recovered so far. However, according to the decree holders, an amount of Rs. 1,54,254/- remains due and payable under the decree as on 27-01-2010; Rs. 81,319/- being the interest on the refund amount of Rs. 2,25,000/- and Rs. 72,935/- being the principal amount and interest on the compensation/ damages of Rs. 32,250/-. Decree holders have submitted statement showing the due amounts, copy whereof was furnished to the other side.
Initially the matter was adjourned several times as parties indicated that they were attempting to settle the matter amicably. However, the judgment debtor abstained from these proceedings at the last thirteen hearings, more particularly after the judgment of Honble Supreme Court was placed on record by the decree holders, although the records indicate that he applied for inspection of the file and certified copy of proceedings sheet in the interregnum. In these circumstances, it appears to us that the judgment debtor is not interested in contesting the decree holders claim and has nothing to say in the matter. We perused the decree holders calculations of the outstanding amount and find the same to be in order.
In the result, we pass the following order:-
1. The Registrar of this Commission is directed to issue certificate to the Collector & District Recovery Officer, North Goa to recover the amount of Rs.
1,54,254/- as on 27-01-2010 alongwith further interest in accordance with this Commissions order dated 03-06-2002 modified by Honble Supreme Court of India vide order dated 06-05-2009 in Civil Appeal no. 308/2004 from the judgment debtor as arrears of land revenue and to pay the amount so recovered to the decree holders.
2. Execution application stands disposed accordingly.
Pronounced.
[Sandra Vaz e Correia] Member [Caroline Collasso] Member