Application for clarification of a Judgment by NCDRC.

Format of application for clarification of Judgment / Order passed by the National Consumer Disputes Redressal Commission.

BEFORE THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
IA NO___ OF 2023
IN
CONSUMER COMPLAINT NO. ____ OF 20__

IN THE MATTER OF:
___________________ & ANR .....COMPLAINANTS
VERSUS
___________________ LTD .....OPPOSITE PARTY

APPLICATION FOR CLARIFICATION OF THE JUDGMENT AND ORDER DATED ______ PASSED IN CONSUMER COMPLAINT NO. ____ OF 20__

To,
THE HON'BLE CHAIRMAN AND HIS COMPANION
MEMBERS OF THE HON'BLE NATIONAL CONSUMER
DISPUTES REDRESSAL COMMISSION, NEW DELHI.

THE HUMBLE APPLICATION FOR CLARIFICATION OF THE COMPLAINANTS ABOVENAMED

MOST RESPECTFULLY SHOWETH:
1) That the Complainants have filed above complaint for directing the Opposite Party to (i) Handover possession of Apartment No. _______ in the project "_________________" to them, (ii) pay Rs. _______________/-, as interest @___% compounded quarterly on their deposit ; and (iii) any other relief which is deemed fit and proper in the facts and circumstances of the case.

2) That this Hon'ble Commission vide its judgment and order dated ______ passed in the Consumer Complaint No. ____ of 20____ Directed that:

"ORDER
In view of the aforesaid discussion, the Complaint is partly allowed. The opposite party is directed to issue fresh statement of account within a period of one month from the date of this judgment duly crediting compensation for delay in possession in the form of interest @6% per annum on the deposit of the complainants from ___________ to ___________. The opposite party will charge interest @6% per annum on balance amount from ______________ till the date of payment. On issue of statement of account, the complainants will pay it within one month."

Copy of the Judgment / Order dated ______________ passed by this Hon'ble Commission in Consumer Complaint No. _____ of 20___ is attached here as ANNEXURE A.

3) It is admitted fact that as on _____________the Complaints had paid Rs. _____________ to the Opposite Party.

4) That as per the direction of this Hon'ble Commission the Opposite Party should pay to the Complainants interest of Rs. ____________ for the period from ________ to ____________ as per the calculation below:

Calculation Interest amount receivable by the Complainants from Opposite Party for the period from _____________ to ___________.

Total Interest receivable by Complainants Rs. _______________

5) That amount payable by the Complainants to the Opposite party as on ____________ was Rs. ____________.

6) That as per the Direction of this Hon'ble Commission, the Complainants need to pay the Opposite Party interest amount of Rs. ____________ for the amount paid by the complaints after ____________ as per the Calculation below.

Calculation of interest payable by the Complainants to the Opposite party after ____________ as per the Direction of this Hon'ble Commission

Total Interest payable to Opposite Party ____________

7) That this Hon'ble Commission in the Judgment/Order mentioned that "On issue of statement of account, the complainants will pay it within one month".

8) Since the amount receivable by the Complainants from Opposite Party is Rs. ____________ and the amount payable by the Complainants to Opposite Party is Rs. ____________- only the direction in the Judgment/order might be "On issue of statement of account, the Opposite Party will pay it within one month to the Complainants".

9) In view of submissions made hereinabove, it is most respectfully prayed that this Hon'ble Commission may kindly clarify that on issue of statement of account, the Opposite Party will pay interest amount payable to the Complainants within one month.

10) That the present application is for bonafide reasons and in the interest of justice.

PRAYER
In the above circumstances, it is most respectfully prayed that this Hon'ble Commission may graciously be pleased to:

i. clarify at last paragraph of the Judgment/order that on issue of statement of account, the Opposite Party will pay interest amount payable to the Complainants within one month; and/or

ii. Pass such other or further order (s) as this Hon'ble Commission may deem and fit in the peculiar facts and circumstances of the case in favour of the Complainants.

FILED BY

COUNSEL FOR COMPLAINANTS

NEW DELHI
DATE: