Order-22.

Date-14/03/2018.

Today is fixed for order in respect of the petition dated 22.02.2018 filed by the D/hr praying for further delivery of gold ornaments in respect of 03 items weighing 132.684 Grams gold Jewelleries  as per Annexure ‘N’ of the complaint case No. CC/78/2011.

                                                            Decision with reasons

            The instant petition dated 22.02.2018 filed by the D/hr in brief, is that on 17.02.2018 the D/hr visited the office of J/dr as per order passed by this Forum on 16.02.2018 and received 07 items weighing  155-220 grams gold/silver in damaged condition. Out of total 10 items, weighing 274.104 grams (Gold / Silver) of good condition kept in a locked Jewellery box.

            As per Annexure ‘N’ of the petition No. CC/78/2011 the Jdr is yet to deliver the 03 items weighing 132.684 grams gold Jewelleries  / Silver to the Complainant. Hence, the instant petition.

The Ld. Lawyer for the J/dr has raised strong objection against the petition relying upon the judgment and           order passed by this Forum on 26.12.2012 wherefrom the instant Execution Case has been cropped up that they have handed over all the belongings kept in the locker under seal and there is nothing  lying in their custody for further compliance of the instant final order and for that the J/dr prays for dismissal of this petition filed by the D/hr and also prays for final disposal of the instant execution case.

            The instant Execution Case is for compliance of the final order dated 26.12.2012 passed in CC Case No. 78/2012 which was affirmed by the Hon’ble State Commission dismissing the appeal and Revision Petition No.2177 of 2015 dated 28.10.2016 against that order was dismissed with the remark that the petitioner wishes to withdraw the present revision petition and they are willing to abide by the order of the District Forum and pay the rent and take back their belongings.

            In the instant case there is only dispute regarding compliance of delivery of articles lying in the locker and other portion of the order for compliance has duly been complied with and there is no dispute in respect of those other portion of the order for compliance.

            Regarding delivery of articles belonging in the locker, it appears from the compliance report dated 22.02.2018 signed by both the parties along with signatures of the respective lawyers of the respective parties that on 17.02.2018 at 03.00 PM as per order of this Forum dated 16.02.2018 in presence of both the parties along with their lawyers and respective valuers the articles in the cloth seal cover has been opened in front of the above persons. It further appears from the enclosed list of the articles received by the D/hr along with compliance report, it appears that 07 items out of which 06 items were Gold weighing total 131.820 Grams and one item was Silver, weighing  23.390 Grams.

            From the above compliance report, It is clear that the articles were in a cloth sealed cover and the same was opened in front of both the parties and from that seal cover 07 items were admittedly received by the Dhr.

The instant Execution Case is for compliance of the final order dated 26.12.2012.

            In the final order dated 26.12.2012 there is specific direction regarding handing over of articles in the locker that the OPs 1 to 4 are to refund the article/contents as lying with them in their safe custody to the Complainant on proper receipt on receiving locker rent charges and other charges as realizable under their terms and conditions regarding locker.

            There is further direction to that effect that the OPs are further directed to hand over all the articles as lying in their safe custody within the stipulated period as stated above to the Complainant  who is to clear up the dues  and after such payment the return of articles within the said stipulated period would take effect.

            In the ordering portion of the final order there is no whisper as to delivery of articles as per Annexure ‘N’ of the complaint petition in CC Case No. 78/2011 mentioning  as to 10 items including Gold and Silver.

            In this regard in the judgment it has been clearly observed as under-

‘On perusal the list of Jewelleries  vide Annexure ‘N’ it reveals huge ornaments were allegedly kept or lying in the locker concerned. But save and except the said list of jewellery no convincing proof has been placed by the Complainant to show that all those jewelleries are actually lying in the said locker. Thereby unless by documentary proof the Forum cannot  arrive at a conclusion that all those alleged jewelleries  are lying with the locker in question. So, we have no hesitation to hold that the Complainant has failed to prove in this regard’.

            From the above discussion considering the observation in the judgment of this Forum passed in the final order and the article delivered opening the cloth seal cover and also consider the withdrawal of revision petition before the Hon’ble National Commission agreeing to take delivery of the articles lying in the custody of the J/dr after  paying the legal rent  we are of opinion  that the article being delivered opening the cloth seal cover and also for absence of any specific direction in the final order as to delivery of all the 10 items as per Annexure ‘N’, we have no other alternative but to conclude  that the J/dr has duly complied with the order and there is nothing left to comply further and as such we can safely conclude that the petition filed by the D/hr dated 22.02.2018 praying for further compliance by the J/dr be rejected  and as such the Execution Case be disposed of finally.

Hence,

                                                                        Ordered

            that the petition dated 22.02.2018 filed by the Dhr stands rejected on contest.

            The Execution Case be and the same is disposed of finally.