PRASANT KUMAR MISHRA Vs. PRATAP KUMAR BISWAL

JUDGEMENT

(1.) THE petitioner filed a complaint against the respondent, alleging deficiency in service in not handing over possession of a flat which he had purchased from the opposite party. The complaint was dismissed by the Cuttack District Consumer Disputes Redressal Forum (for short, the District Forum) vide its order dated 09 -07 -2003. Being aggrieved from the dismissal of his complaint, the petitioner preferred an appeal before the Orissa State Consumer Disputes Redressal Commission (for short, the State Commission). Vide order dated 14 -05 -2004, the State Commission directed the opposite party to pay the principle amount of Rs.2,05,640/ - which the complainant had deposited with him along with interest as per the bank rate, till the date of payment. Cost amounting to Rs.2,000/ - was also awarded to the complainant.

(2.) SINCE the opposite party failed to comply with the order of the State Commission, the complainant filed an execution petition before the District Forum. The District Forum requested the Chief General Manager, State Bank of India, Cuttack Branch to furnish a calculation of interest in terms of the order of the State Commission. The said bank furnished a calculation showing a sum of Rs.6,94,449/ - as the amount payable to the complainant. The District Forum directed the opposite party to pay the said amount to the complainant.

(3.) BEING aggrieved from the order of the District Forum, the opposite party namely, Pratap Kumar Biswal, preferred a revision petition before the State Commission. Vide its order dated 12 -07 -2006, the State Commission directed the opposite party to pay a sum of Rs.4,50,000/ - to the complainant. In taking this view, the State Commission was influenced by the contention of the opposite party that if the interest is calculated at the rate of 9% per annum the amount payable to the complainant would come to Rs.4,26,173/ -.