KUNDAN KUMAR KUMAI                                                                

This is an application U/S 73 (1) (a) of the Consumer Protection Act 2019, preferred against the order dated 06/11/2019 and 29/01/2021 passed by the Ld. DCDRF, Malda in EA No. 3/2015, arising out of CC/45/2013. Brief facts of the petitioner’s case are that, the Op’s late husband had a policy being no. 233667575, by which they were entitled to get payments annually. The petitioner on 21/05/2012 had issued a letter for payment of money, but the respondent did not receive anything and she issued a legal notice, dated 05/07/2012, for deficiency of service and pecuniary loss and mental agony and filed a case being no. CC/45/2013, before the Ld. DCDRF, Malda. The present petitioners contested the said case by filing written version and the Ld. DCDRF, after considering the materials on record passed an order dated 27/06/2014, in favour of the respondent for an award of Rs. 50,000/- (fifty thousand) only and bonus of 15,000/- (fifteen thousand) only along with compensation of Rs. 30,000/- (thirty thousand) only for mental agony and harassment and Rs. 10,000/- (ten thousand) only litigation cost totaling Rs. 1,05,000/-( one lakh five thousand) only, with interest payable @9% from 15/05/2013 till recovery of the amount.

On non-compliance of the above order, an application for execution being no. EA No. 3/2015 had been filed. A notice for show cause had been issued against the present petitioners on 24/03/2015 and the next date was fixed on 23/04/2015, when the warrant of arrest had been issued fixing 18/07/2015 for ER on 18/07/2015 and 06/07/2015 were fixed for filing correct address and on 23/07/2015 warrant of arrest had been issued fixing 27/08/2015 for ER on 29/09/2015. The petitioners came to know about the proceedings and entered appearance and deposited the entire amount along with interest and prayer was made to recall the warrant of arrest and the next date had been fixed on 16/05/2016. From 16/05/2016 till 25/10/2019, the Ld. Forum below had fixed dates for outcome of the appeal. On 06/11/2019, the Ld. Forum below issued a warrant of arrest, despite the facts that the cheque amount covering the full amount had been paid by the petitioners. The reason attributed for issuance of warrant of arrest had been that the cheque deposited by the petitioners and the same had not been collected by the respondent, for which reason the cheque had become invalid. Thereafter, on coming to know of the fact that a warrant of arrest had been issued, to show their bonafide, sent the cheque dated 18/11/2016 to the respondent address on 19/11/2016 and the same was received by the respondent and cleared on 20/12/2016 vide annexure R-3. On 08/01/2020, Commission could not function due to resolution by the Malda Bar Association and thereafter, lockdown ensued on 28/01/2021 a prayer for recall of warrant of arrest had been made with necessary documents, but the same had been rejected.

Hence, this petition.

The OP did not appear to contest this petition and the petitioners also abandoned the case, following which the instant petition was taken up for disposal on merits.

This appears to be a case which had been filed when noncompliance of the order dated 27/06/2014, the execution application being no. EA No. 3/2015 had been filed and subsequently warrant of arrest had been issued. But on perusal of the materials on records, it transpires that the decretal amount had been deposited by the instant petitioners and the same had been served upon the respondent and the said cheque had been cashed being no. 163132 on 26/12/2016. Hence, when the entire dispute had been settled the impugned order issuing warrant of arrest in EA No. 3/2015 needs to be set aside.

Under the circumstance the instant petition succeeds.

It, is therefore

ORDERED

The instant petition be and the same is allowed on merit.

The orders dated 29/01/2021 and 06/11/2019 passed in EA No. 3/2015 arising out of CC/45/2013 is here by set aside.

Copy of this order be supplied to the parties free of cost.

The copy of the order be sent to the Ld. Forum below for recalling the warrant of arrest issued vide the above orders.