SAMIKSHA BHATTACHARYA, MEMBER
Today is fixed for passing order in respect of affidavit of compliance filed by J.drs.
Ld. Advocate for the J.drs has filed affidavit of compliance by which the J.dr No. 2 has submitted that as per final order/judgment dated 01.08.2022 this Commission directed the J.drs No. 1 to 4 to refund the deposited amount of Rs.30,79,160/- along with interest @ 9 % p.a. from the date of respective deposit till the actual payment along with Rs.10,000/- as litigation cost within 45 days from the date passing the order. J.ders No. 1 to 4, in complainace with the order dated 01.08.2022, have sent two cheques being No. 335852 dated 06.09.2022 in favour of D.hr No. 1 amounting to Rs.15,39,580/- and another cheque being No. 335853 dated 06.09.2022 in favour of D.hr No. 2 amounting to Rs.15,49,580/- along with a forwarding letter. But the said envelope containing the letter and aforeswaid two cheques was returned with postal endorsement “door locked and unclaimed”. Copy of the same has already been filed before this Commission. Therefore, only the interest part is due and for the same an Interlocutory Application has been filed before this Commission being No. IA/216/2023 which was pending at the time of filing affidavit of compliance by the J.drs.
The J.dr No. 2 on behalf of the J.drs has further mentioned in the Affidavit of Compliance that the decree-holders by letter dated 04.04.2023 informed that the interest amount of Rs.19,72,487.30/- is due and the interest has been calculated till 06.02.2022 the J.drs have already tendered the principal amount with litigation cost within the stipulated period as per order dated 01.08.2022. Therefore, the J.drs are liable to pay interest up to 06.09.2022. The calculation sheet has been annexed to that effect.
Thereafter, the J.drs have handed over two fresh cheques being No. 077386 dated 09.02.2023 amounting to Rs.15,39,580/- drawn on IndusInd Bank, Laketown Branch in favour of D.hr No. 1 and another cheque being No. 077387 dated 09.02.2023 amounting to Rs.15,39,580/- drawn on IndusInd Bank, Laketown Branch in favour of D.hr No. 2 which is reflected in order No. 2 dated 09.02.2023. Thereafter, the J.drs have tendered a cheque being No. 761057 dated 03.08.2023 drawn on IndusInd Bank, Laketown Branch, in favour of the D.hr No. 1 amounting to Rs.2,00,000/- and J.drs have tendered another cheque being No. 761100 dated 06.09.2023 drawn on IndusInd Bank,