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
CONSUMER COMPLAINT NO. ____ OF 20__
IN THE MATTER OF:
___________________ & ANR .....COMPLAINANTS
___________________ LTD .....OPPOSITE PARTY
APPLICATION FOR CLARIFICATION OF THE JUDGMENT AND ORDER DATED ______ PASSED IN CONSUMER COMPLAINT NO. ____ OF 20__
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:
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.
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.
COUNSEL FOR COMPLAINANTS
Download Legal forms - MS Word, Excel
SUITS FORMATS UNDER CODE OF CIVIL PROCEDURE
Suit for Specific Performance with alternate prayer for refund of money
Summary Suit under Order XXXVII of CPC for recovery of money, Cheque return
Suit for Compensation for death or physical disability due to negligence of others
Suit seeking injunction against illegal construction, public nuisance etc.
Suit already filed, Injection Application seeking Injunction in a Suit already filed
Suit for Possession of Property after termination of License Agreement
Suit for Possession of Property Trespassed by Defendant
Affidavit for Transfer Petition U/S 24 of CPC transfer of Suit from one Court to another
Partition Suit format for Partition of Joint ownership Property
Commercial Suit Format under Commercial Courts Act and CPC for recovery of money
Application for clarification of a Judgment by NCDRC