Vimalchandra D. Desai
& ANR. Vs. Pune Municipal Corpn. & Ors.  INSC 2235 (18 December
JURISDICTION CIVIL APPEAL NO.7416 OF 2008 (Arising out of S.L.P. (C) No.14591
of 2006) Vimalchandra D. Desai & Anr. ...Appellant(s) Versus Pune Municipal
Corporation & Ors. ...Respondent(s) O R D E R 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/- -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
with the order of the National Commission, the complainants have preferred this
appeal by special leave.
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.
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/- -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]
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