COMMON ORAL ORDER IN EXECUTION APPLICATION NO.177 OF 2016 + EXECUTION APPLICATION NO.07 OF 2017
Per – Hon’ble Mr. V. P. Utpat, President
Since both these execution proceedings involve same parties, identical facts and are arising out one and same order dated 31/03/2016 passed by this Forum partly allowing Consumer Complaint No.394 of 2015, both these execution proceedings are clubbed together are disposed of by this common order.
[2] Execution Application No.177 of 2016 is filed by original Complainant, under Section-27 of the Consumer Protection Act, 1986. Whereas, Execution Application No.07 of 2017 is filed by original Complainant, under Section-25 of the Consumer Protection Act, 1986.
[3] Today when both these cases are called out, none present for the Complainant/Decree-holder. Today Complainant/Decree-holder failed to appear before this Forum without any sufficient reason. Mr. Aslam Mistry, in person is present on behalf of the Accused/Judgment-Debtor. On behalf of the Accused/Judgment-Debtor a statement is made across the Bar to the effect that Accused/Judgment-Debtor has fully complied with the order put for execution and pursuant thereto Accused/Judgment-Debtor had issued to the Complainant/Decree-holder, a cheque for an amount in sum of Rs.35,583/-. Today, Mr. Aslam Mistry, representing the Accused/Judgment-Debtor, has produced on record Bank Statement issued by Bank of Maharashtra to show that bank has honoured said cheque and amount thereof has been released in favour of the Complainant/Decree-holder. Thus, representative of the Accused/Judgment-Debtor has prima-facie satisfied this Forum that order put for execution in both these proceedings has been fully complied with.
[4] Consequently Execution Application No.177 of 2016 as well as Execution Application No. 07 of 2017 hereby stands disposed of as fully satisfied. Parties shall bear their own costs.
Pronounced on Saturday, 29th April, 2017
