Leave granted.
Heard learned counsel for the parties.
The State Consumer Disputes Redressal Commission, Maharashtra,
allowed the complaint and awarded compensation of Rupees four lakhs together with
interest thereon at the rate of nine per cent per annum from the date of filing of the
complaint, i.e., 20th April, 2000, till realisation. Against the said order, when the
matter was taken in appeal, the National Consumer Disputes Redressal Commission
[for short, “National Commission”] enhanced the compensation to Rs.6,54,2000/- and
after taking note of the fact that Respondent No.1, Pune Municipal Corporation has
already paid Rs.50,000/-, directed that Aundh Sports Club, Respondent No.4 herein,
shall pay the remaining amount of Rs.6,04,000/- within four weeks. The National
Commission further directed
...2/-
that in case Respondent No.4 fails to pay the amount, Respondent Nos.5-8 herein shall
be jointly and severely liable to pay the amount with the rider that in the event of
failure of respondents to pay the amount within four weeks, the appellants shall be
entitled to interest at the rate of nine per cent per annum.
Feeling dis-satisfied with the order of the National Commission, the
complainants have preferred this appeal by special leave.
Learned counsel appearing on behalf of the appellants submitted that
while determining the compensation at Rs.6,54,000/-, the National Commission has
made a mistake in calculating the compensation and, as a matter of fact, the
compensation should have been assessed at Rs.7,92,000/-. Learned counsel appearing
on behalf of the private respondents stated that he is not in a position to dispute this
fact.
In view of the above, we hold that the appellants are entitled to a sum of
Rs.7,92,000/- by way of compensation and after deducting Rs.50,000/- already paid by
Respondent No.1, a sum of Rs.7,42,000/- is payable to them. We are further of the
view that the National Commission was not justified in not awarding interest to the
appellants with effect from the date of filing of the complaint.
Accordingly, the appeal is allowed in-part. It is held that the enhanced
compensation payable in terms of the order of the National Commission is
Rs.7,92,000/- and not Rs.6,54,000/-. After deducting Rs.50,000/- paid by the Pune
Municipal Corporation, Respondent Nos.4 to 8 are directed to pay to the appellants a
sum of Rs.7,42,000/- together with
interest thereon at the rate of nine per cent per annum from the date
...3/-
of filing of the complaint, i.e., 20th April, 2000, till date of payment within a period of
four months by an account payee demand draft upon a local branch of the scheduled
Bank. While doing so, they shall be entitled to adjust the amount already paid to the
appellants.
[RAJENDRA MAL LODHA] New Delhi, December 18, 2008.