National Consumer Disputes Redressal
Perless General Finance & Investment ... vs Chhotulal on 25 July, 2018
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2486 OF 2017 (Against the Order dated 11/05/2017 in Appeal No. 232/2016 of the State Commission Rajasthan) 1. PERLESS GENERAL FINANCE & INVESTMENT CO. LTD. & ANR. PEERLESS BHAWAN 3, ESPLANED EAST KOLKTA-700069 WEST BENGAL 2. THE PEERLESS GENERAL FINANCE & INVESTMENT COMPANY LTD., 102-103, FIRST FLOOR, ADARSH PLAZA, KHASA KOTHI CIRCLE, JAIPUR RAJASTHAN ...........Petitioner(s) Versus 1. CHHOTULAL S/O. SHRI GANGARAM JI, R/O. ARYA SAMAJ ROAD LANE, KOTA JUNCTION, KOTA-324002 RAJASTHAN ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT HON'BLE MRS. M. SHREESHA,MEMBER For the Petitioner : Mr. Bharat Swaroop Sharma, Advocate For the Respondent : Ms. Anshu Agarwal, Advocate and Mr. Ravi Kumar, Advocate Dated : 25 Jul 2018 ORDER We have heard the learned counsel for the petitioners and the learned counsel appearing for the respondent.
The District Forum vide order dated 25-01-2016 has directed the petitioner to make payment of the amount due under Certificate in question No.E-115131990530 to the respondent shortly along with interest @15% per annum from the due date to the date of actual payment. Further, the complainant is entitled to get compensation of Rs.50,000/- for mental agony and harassment and also Rs.10,000/- as costs. This order has been confirmed by the State Commission.
The learned counsel for the petitioner submitted that the respondent did not discharge its obligation by sending the discharge certificate which was sent to the respondent by the petitioner. However, the fact remains that the amount payable on maturity of the certificate had not been paid to the respondent and that is why the District Forum has rightly directed payment of entire maturity amount along with interest @15% per annum. So far as compensation of Rs.50,000/- imposed by the District Forum, as confirmed by the State Commission is concerned, we are of the considered opinion that it should be reduced to Rs.25,000/-. That will meet the ends of justice.
Accordingly, the order of the State Commission is modified to the extent that the amount of compensation and cost of Rs.10,000/- is reduced to a lumpsum amount of Rs.25,000/- which shall be paid by the petitioner within one month.
The amount deposited by the petitioner before the District Forum shall be permitted to be withdrawn by the respondent.
The revision petition stands disposed of.
......................J R.K. AGRAWAL PRESIDENT ...................... M. SHREESHA MEMBER