BHASHKAR GUPTA Vs. MAHARAJA AGGARSAIN GOVT & SEMI GOVT EMPLOYEE CO-OP (S E ) THRIFT & CREDIT SOCIETY LTD AND ORS

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner -Complainant against the order dated 08.06.2012 passed by the learned Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in R.P.No. 41/2012 Bhashkar Gupta Vs. The Maharaja Aggarsain Govt. & Semi.Govt. Employee Co -op (S.E.) Thrift & Credit Society Ltd. & Ors. by which revision petition was dismissed.

(2.) BRIEF facts of the case are that petitioner/complainant filed complaint against the respondents -opposite parties for recovery of FDRs amount and learned District Forum vide order dated 28.9.2010 while allowing complaint awarded 9% interest against 12 -13% interest shown in the FDRs. Petitioner filed execution application and vide order dated 9.8.2011, District Forum directed respondents to make full payment along with interest as per order dated 28.9.2010 instead of part payment. In compliance to that order, the respondents made payment and petitioner received payment under protest. However, petitioner moved application and submitted that as per his calculation still Rs.22,864/ - are to be received from respondents. District Forum vide order dated 3.5.2012 dismissed the aforesaid calculation and execution petition. Petitioner challenged all the 3 orders before the State Commission by composite revision petition which was dismissed by impugned order holding that appeal against the order dated 28.9.2010 is barred by 578 days and appeal against order dated 9.8.2011 is barred by 296 days and further held that petitioner ought to have filed separate appeals against the order passed in execution, as such, the petition is not maintainable.

(3.) LEARNED Counsel for the petitioner submitted that District Forum has committed error in allowing only 9% interest against the agreed 12 -13% interest, hence, petition may be accepted and order of District Forum may be set aside as prayed in the revision petition.