State Consumer Disputes Redressal Commission
Mrs. Kanta vs Tagore Heart Care on 19 November, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH Miscellaneous Application No. : 100 of 2015 Date of Institution : 16.09.2015 Date of Decision : 19.11.2015 Mrs. Kanta w/o Sh. Prakash Chander R/o #25, Akash Avanue, Fatehgarh Churian Road, Amritsar (Punjab). ......Non-applicant/Complainant. Versus Tagore Heart Care and Research Centre Pvt. Ltd., Banda Bahadur Nagar, Mahavir Marg, Jalandhar, Punjab through its Director. Dr. Raman Chawla C/o Tagore Heart Care and Research Centre Pvt. Ltd., Banda Bahadur Nagar, Mahavir Marg, Jalandhar. ....Applicants/Opposite Parties. Application under Section 144(1) read with Section 151 of CPC. BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT. SH. DEV RAJ, MEMBER.
SMT. PADMA PANDEY, MEMBER.
Argued by:
Sh. Puneet Sharma, Advocate for the applicants/Opposite Parties.
Sh. Dilpreet Singh Gandhi, Advocate for non-applicant/complainant.
PER JUSTICE JASBIR SINGH (RETD), PRESIDENT (ORAL) This application has been filed by the applicants/Opposite Parties claiming refund of an amount of Rs.2,50,000/- deposited by them before the National Consumer Disputes Redressal Commission, New Delhi under order dated 01.09.2006. The said amount was disbursed in favour of Mrs. Kanta, the complainant. The order under which the said amount became due in favour of above named person, was reversed by the National Consumer Disputes Redressal Commission, New Delhi vide order dated 27.05.2011 passed in First Appeal No.426 of 2006. Mrs. Kanta went to Hon'ble Supreme Court of India, however, she failed, as the Special Leave to Appeal (C) No.18367/2012 filed by her was dismissed vide order dated 10.07.2014.
2. Today, Sh. Dilpreet Singh Gandhi, Advocate has put in appearance on her (Mrs. Kanta) behalf and very fairly states that an amount of Rs.2,50,000/- will be returned by Mrs. Kanta, the complainant to the applicants/Opposite Parties.
3. Sh. Puneet Sharma, Advocate, Counsel for the applicants/Opposite Parties says that let the amount be returned with interest.
4. Taking note of a fact that Mrs. Kanta is a widow and as per information supplied, she is working in a Mandir (Temple). Taking into account her financial condition, we are not inclined to grant interest. However, only a sum of Rs.10,000/- is awarded as a token claim towards interest. To the grant of said amount, Sh. Puneet Sharma, Advocate, Counsel for the applicants/Opposite Parties has not raised any objection.
5. Under these circumstances, this application is allowed and as per undertaking given by Sh. Dilpreet Singh Gandhi, Counsel for Mrs. Kanta, complainant, the amount of Rs.2,60,000/- be returned in two equated installments through demand drafts. First installment will be paid by 26.12.2015 and second installment will be paid on or before 26.01.2016, failing which, the amount claimed will entail interest @7% (simple) per annum from the date of deposit till the date of making payment.
6. This application stands disposed of accordingly.
7. Certified copies of this order be sent to the parties, free of charge.
8. File be consigned to the Record Room after completion.
Pronounced November 19, 2015.
[JUSTICE JASBIR SINGH (RETD.)] PRESIDENT (DEV RAJ) MEMBER (PADMA PANDEY) MEMBER Ad