Legal Question in Consumer Law in India

Applicant claim in district Consumer court

A- Mental harassment claim Rs.45000/-

B- Other expense Rs.5000/-

C- All below 2,3,4,5 sum of Rs 5,99,000/- to given to builder (12 % interest on Rs 5,99,000/- ) Rs.71880/-

D- House book on date 20/10/2010 and sum disputes to builder and applicant after 1.75yrs and builder money without Present cost of house. Present cost of house is increase Rs.1000000/

E- Total amount is A+B+C+D=Rs11,21,880/-

F- Application date is 22/05/2012

Consumer court gives judgment on above matter

1 Applicant application partially consider and point no-D imaginary so it is cancelled

2 On Rs 1,19,000/- to be pay interest 8% from date 20/10/2010 to date 23/05/2012

3 On Rs 80,000/- to be pay interest 8% from date 22/06/2011 to date 23/05/2012

4 On Rs 4,00,000/- to be pay interest 8% from date 30/07/2011 to date 23/05/2012

5 On Rs 1,19,000/- to be pay interest 8% from date 20/10/2010 to date 23/05/2012

6 Mentally harassment other expense Rs.3000/-

7 Judgment date is 09/05/2013

My question is

 Judgment point no-1 --who is proving this matter is imaginary? Applicant or opposite party (builder). Opposite party is give proof to consumer forum. Consumer forum given copy to me or not? If no, which rules is applicable?

 All above point in judgment: ----2,3,4,5 How to calculate interest? Compound interest or simple interest? Simple interest or compound interest is calculated up to which date? Judgment date or application date?

 If opposite party is not paying money after notice received how many days are consider for proposal application (Darkhast Application).which rules is applicable for this.

 In proposal application How to calculate interest? Simple or compound?

Thanks Regards

Nirav Patel


Asked on 4/06/14, 9:31 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.04.2014

Dear Nirav,

1). Without knowing case facts, it is impossible to judge who is imaginary. Yes, the Consumer forum is liable to provide copies of all documents filed with them to you - the opponent.

2). Simple interest is calculated. The applicable date is from the date of default.

3). Opponent is liable to pay money on or prior to the date it became due, else interest @ 12% per annum becomes applicable from the following day after the due date.

4). Simple Interest.

Regards,

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Answered on 4/08/14, 2:17 am


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