| SooperKanoon Citation | sooperkanoon.com/1113959 |
| Court | Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi |
| Decided On | Apr-01-1997 |
| Case Number | Case No. C-323 of 1996 |
| Judge | A.P. CHOWDHRI, PRESIDENT & DESH BANDHU, MEMBER |
| Appellant | Sabina Khanna |
| Respondent | M/S. Nuchem Ltd. |
Excerpt:
consumer protection act, 1986 - section 17/12 - comparative citation: 1997 (2) cpj 161a.p. chowdhri, president: 1. the complainant deposited rs. 5.00,000/-with the opposite party on 4.8.95 under cumulative deposit scheme, hereinafter referred to as the cfdr. the amount was to be paid alongwith interest @ 14.90% and the amount due at maturity on 1.8.96, was to be rs. 5,74,500/-. the complainant deposited the original cfdr in the office of the opposite party two weeks before the due date. the opposite party, however, failed to pay the amount. after the complainant ran from pillar to post the opposite party paid a cheque for rs. 74,500/-dated 1.8.96. the cheque was returned un-encahsed on the ground of insufficiency of funds. the complainant's further efforts proved of no avail. registered notice dated 12.9.96 also produced no result. accordingly, the present complaint was filed on 12.12.96 claiming rs. 9,67,202/-as per following break up:iduesno.dateddue onamt.a.principle chdr586191.8.961.8.955,00,000/-b.dishonoured ch cheque1176281.8.96canara bank74,500/-c.interest @ 14.90% on cfdr no. 58619 for rs. 5,74,500/- from 1.8.96 to 1.2.9742,800/-iipenal interest on account of non-payment on due date: a.on rs. 5,00,000/- @ 18% p.a. from 1.8.95 to 1.2.9790,000/-b.on rs. 5,74,500/- @ 18% p.a. from 1.9.96 to 1.2.9751,705/-iiiinterest paid by complainant on rs. 6,00,000/- taken on loan due to non-payment by opposite party @ 2% p.m. from 1.8.96 to 1.2.97 compounded monthly75,697/-ivcost of this case. 7,500/-vcompensation for sickness caused to complainant due to non-payment. 1,25,000/-total9,67,202/-rupees nine lakhs sixtyseven thousand two hundred and two only.2. notice under registered cover was sent to the opposite party. the notice was not received back undelivered. service was, therefore, presumed. none appeared to contest the claim. the opposite party has riled evidence by her own affidavit. photo-copy of the cfdr as well as the cheque dated 1.8.96 for rs. 74,500/-which bounced, have been placed on record. copy of the notice sent by the complainant has also been placed on record3. we have heard mr. parmeshwar khanna, husband and authorised representative of the complainant and have gone through the records. 4. the claim includes claim of interest payable on the interest amount in addition to penal interest on account of non-payment on the due date @ 18% and further interest @ 2% p.m. compounded monthly on the loan raised by the complainant to the tune of rs. 6,00,000/-in connection with the marriage of her daughter besides costs and compensation on account of pain and mental agony. the cfdr carried a stipulated rate of interest. the amount together with interest became due on 1.8.96. we allow the complaint and direct the opp. party to pay rs. 5,74,500/-which became due on 1.8.96 and the said amount shall carry 18% interest per annum from 2.8.96 till the date of payment. in addition, the opposite party shall pay another rs. 5,000/-on account of pain and mental agony and costs of this complaint. the order shall be complied with within 4 weeks of the receipt of a copy of this order failing which action u/section 27 of the act is liable to be taken. the complaint is allowed in these terms. a copy of the order be conveyed to both the parties. complaint allowed.
Judgment:A.P. Chowdhri, President:
1. The complainant deposited Rs. 5.00,000/-with the opposite party on 4.8.95 under Cumulative Deposit Scheme, hereinafter referred to as the CFDR. The amount was to be paid alongwith interest @ 14.90% and the amount due at maturity on 1.8.96, was to be Rs. 5,74,500/-. The complainant deposited the original CFDR in the office of the opposite party two weeks before the due date. The opposite party, however, failed to pay the amount. After the complainant ran from pillar to post the opposite party paid a cheque for Rs. 74,500/-dated 1.8.96. The cheque was returned un-encahsed on the ground of insufficiency of funds. The complainant's further efforts proved of no avail. Registered notice dated 12.9.96 also produced no result. Accordingly, the present complaint was filed on 12.12.96 claiming Rs. 9,67,202/-as per following break up:
| I | DUES | | No. | Dated | Due on | Amt. |
| A. | Principle CHDR | 58619 | 1.8.96 | 1.8.95 | 5,00,000/- |
| B. | Dishonoured ch cheque | 117628 | 1.8.96 | Canara Bank | 74,500/- |
| C. | Interest @ 14.90% on CFDR No. 58619 for Rs. 5,74,500/- from 1.8.96 to 1.2.97 | | 42,800/- |
| II | PENAL INTEREST on account of non-payment on due date: | Â |
| A. | On Rs. 5,00,000/- @ 18% p.a. from 1.8.95 to 1.2.97 | | 90,000/- |
| B. | On Rs. 5,74,500/- @ 18% p.a. from 1.9.96 to 1.2.97 | 51,705/- |
| III | INTEREST PAID BY COMPLAINANT on Rs. 6,00,000/- taken on loan due to non-payment by opposite party @ 2% p.m. from 1.8.96 to 1.2.97 compounded monthly | 75,697/- |
| IV | Cost of this case. | Â | 7,500/- |
| V | Compensation for sickness caused to complainant due to non-payment. | Â | 1,25,000/- |
| | | | Total | 9,67,202/- |
| RUPEES NINE LAKHS SIXTYSEVEN THOUSAND TWO HUNDRED AND TWO ONLY. |
2. Notice under registered cover was sent to the opposite party. The notice was not received back undelivered. Service was, therefore, presumed. None appeared to contest the claim. The opposite party has riled evidence by her own affidavit. Photo-copy of the CFDR as well as the cheque dated 1.8.96 for Rs. 74,500/-which bounced, have been placed on record. Copy of the notice sent by the complainant has also been placed on record
3. We have heard Mr. Parmeshwar Khanna, husband and authorised representative of the complainant and have gone through the records.
4. The claim includes claim of interest payable on the interest amount in addition to penal interest on account of non-payment on the due date @ 18% and further interest @ 2% p.m. compounded monthly on the loan raised by the complainant to the tune of Rs. 6,00,000/-in connection with the marriage of her daughter besides costs and compensation on account of pain and mental agony. The CFDR carried a stipulated rate of interest. The amount together with interest became due on 1.8.96. We allow the complaint and direct the opp. party to pay Rs. 5,74,500/-which became due on 1.8.96 and the said amount shall carry 18% interest per annum from 2.8.96 till the date of payment. In addition, the opposite party shall pay another Rs. 5,000/-on account of pain and mental agony and costs of this complaint. The order shall be complied with within 4 weeks of the receipt of a copy of this order failing which action u/Section 27 of the Act is liable to be taken. The complaint is allowed in these terms. A copy of the order be conveyed to both the parties.
Complaint allowed.