JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER (ORAL)

1.       This revision petition is directed against the order of the State Commission, Punjab dated 13-05-2016 in First Appeal No.270 of 2016 whereby the State Commission dismissed the appeal preferred by the petitioner-complainant.

2.       Briefly stated facts relevant for the disposal of the revision petition are that the complaint number, CC No.207 of 2012 filed by the petitioner-complainant was decided by the District Forum, Jalandhar vide order dated 22-08-2013 directing the opposite party to pay to the petitioner a sum of Rs.15,00,000/- along with interest at the rate of 12% per annum from           11-02-2008 till the date of payment. Besides, litigation cost of Rs.5,000/- was awarded.

3.       The opposite party being aggrieved of the order of the District Forum preferred an appeal being FA No.1255 of 2013 in the State Commission. The State Commission, Punjab dismissed the appeal vide order dated 17-01-2014. The opposite party, thereafter, filed a revision petition being R.P.No.1814 of 2014 before the National Commission. The parties during the pendency of the revision petition arrived at an amicable settlement and the National Commission vide order dated 21-05-2015 disposed of the revision petition in terms of settlement. The relevant order is reproduced as under:

          “Learned counsel for the parties present.

          The matter stands settled. The petitioners/OPs will pay to the complainant, a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs) and the interest is reduced to 6% from the date of filing of the complaint till its realization. The said amount be paid within a period of six weeks. In case the amount is not paid within the aforesaid period, the interest shall stand enhanced to 9% from the date of filing of this complaint. The petitioner is at liberty to withdraw the amount already deposited with the consumer fora.

          The matter stands disposed of, as settled.”

4.       Subsequent to the order of the National Commission dated 21-05-2015 the applicant-complainant filed an Execution Petition No.129 of 2015 in District Forum, Jalandhar. The District Forum, Jalandhar vide its order dated            09-03-2016 disposed of the execution petition with the following observations:

          “As discussed above, the order passed by the then Learned Consumer Forum merge with the order of Hon’ble National Commission dated    21-05-2015 vide this order, litigation expenses were not imposed. Therefore, DH/complainant was not entitled to litigation expenses of Rs.5,000/- imposed by the then Learned Consumer Forum. As such, the OP have complied with the order because there is no allegations from the side of the complainant/DH that OP has not paid the settled amount within time fixed by Hon’ble National Commission. Otherwise, the OP is entitled to refund of Rs.13,26,527/- alongwith accrued interest, if any, and execution application is disposed off accordingly. File be consigned to the record room.”

5.       Being aggrieved of the order of the District Forum dated 09-03-2016 the petitioner preferred execution appeal before the State Commission insisting for payment of cost of litigation awarded by the District Forum vide order dated 22-08-2013. The State Commission was of the view that after the disposal of revision petition in terms of settlement arrived at between the parties the order of the District Forum merged in the final order passed by the National Commission on 21-05-2015. As in the order dated 21-05-2015 no cost has been awarded, the State Commission dismissed the appeal.

6.       We have considered the record. We do not find any irregularity in the order of the State Commission which may call for interference in exercise of revisional jurisdiction. The revision petition is, accordingly, dismissed.