Interpretation of judgment
ess oberoi
(Querist) 23 May 2009
This query is : Resolved
Respected experts,
A consumer forum in an order has directed "the OP to refund to the complainant a sum of Rs. say 20,000/- against say a sum of Rs. 24,000/-."
Complainant and OP preferred Appeal. Complaint prayed, amongst others, suitable refund of money alongwith interest,compensation for harassment, mental agony etc, and cost of litigation.
State Commission dismissed the appeal of OP and allowed the appeal of complainant by "awarding a compensation of Rs. 25,000/- as compensation which shall also include the cost of litigation"
My query are :
Is the complainant eligible for only Rs. 25,000/- or Rs. 20,000/- also ie Total Rs. 45,000/-? or only Rs. 25,000/- only.
Secondly, National Commission dismissed the appeal by OP. The appeal to Hon'ble Supreme Court by OP shall lie after 30 days of the order or since the OP receives the order say after 45 days on its own or by applying to National Commission by OP ?
Humbly pray for early response.
Swami Sadashiva Brahmendra Sar
(Expert) 23 May 2009
From your query it appears that state commission has enhanced the awarded amout from 20000/ - to 25000/-.it is not in addition to 20000/-.
Time taken in preparation of certified copy of order is always excluded while calculating limitation period.
SANJAY DIXIT
(Expert) 24 May 2009
Obviously it should be 25000/-
Y V Vishweshwar Rao
(Expert) 24 May 2009
Learned friends opinions are correct
It is Rs;- 25,000/-
Time taken for Certified copies to be excluded while calculating the limitation period
I think it is SPL before the Surpeme Court agaisnt the National Commission Orders .
