Intrest payable to complainant Intrest payable to complainant

1 year ago

The district commission ordered following relief (1.10.2016):-

(1) विपक्षीगण आदेश की दिनांक से 2 माह की अवधि में मानसिक व शारीरिक कष्ट निमित्त 4,000/- रू. व परिवाद व्यय के 2,000/- रू. परिवादी को अदा करे ।
(2) उक्त अवधि में अदा नहीं करने की अवस्था में आदेश दिनांक से ताअदायगी परिवादी 6,000/- की कुल राशि पर 18 प्रतिशत वार्षिक की दर से ब्याज सहित प्राप्त करने का अधिकारी होगा।

Opposite parties appealed the decision before state commission and in the process some time in between deposited FD of 6000 (with interest rate which was not 18%) rupees in the office(registry) of district commission, lost their appeal in state commission the state commission passed the following order on 01.03.2018 : -

जिला मंच के निर्णय में संशोधन करते हुए यह आदेश दिया जाता है कि विपक्षी अब परिवादी को क्षतिपूर्ति के रूप में 20,000/-रू. अदा करेंगे, जिला मंच का शेष आदेश यथावत रहेगा

Opposite parties then further appealed that state commission decision before national commission and in that process some time in between deposited FD of 20000 (with interest rate which was not 18%) rupees in the office(registry) of district commission. They lost their case before national commission which upheld the order of state commission.

Later on 01.06.2022 the district commission while hearing the execution application which was filed by the complainant in 2018, opposite parties deposited some cheques which they claim were proceeds of FDs that were deposited with the office of district commission(registry) earlier and amounted to 25,000 rupees approximately. Clearly the interest portion of the judgement has not been paid to the complainant. The complainant till 01.06.2022 did not claim any amount before any fora. On 01.06.2022 however the complainant claimed what ever was paid by way of cheques by the opposite parties with a protest that interest has not been paid correctly.

What is the interest due to compliant as per the orders above? From what date interest payment payment liability starts for opposite parties(judgement debtor) in the present scenario.

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

Without seeing the relevant document in detail if legal opinion is give on such complicated method it may mislead you.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
The interest portion starts to run from the date of first order by the District Commission as per the order issued by the Ld. Commission. Even the Ld. State Forum kept the rest of the order of DC same except the amount which was increased to 20,000/-.
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