Kanwaljit Singh through authorized representative Ranjit Singh have filed the present execution application for directing the JD Bajaj Allianz to pay litigation expenses of Rs.5000/- imposed by this Forum and interest @ 9% on Rs.15 Lacs in default of their payment of litigation expenses of Rs.5000/- from 31.7.2015. During pendency of the execution application, a cheque amounting to Rs.28,926/- in the name of DH Kanwaljit Singh was received from the Hon'ble State Commission which was received by Ranjit Singh authorized representative of DH. During pendency of the execution, JD also filed a application for refund of amount of Rs.13,26,527/-. It is averred in the application that this complaint was decided by this Forum and was allowed directing the payment of principle amount of Rs.15 Lacs with interest from the date of payment. The Hon'ble State Commission dismissed the appeal filed by the OP. Thereafter, OP filed revision and the same was decided after mutual settlement and it was agreed that OP shall pay an amount of Rs.15 Lacs with interest at the reduced rate of 6% from the date of filing of the complaint till its realization and under that order, the OP deposited amount of Rs.19,50,863/- through cheque in favour of the complainant but previously the Hon'ble National Commission in Revision No.1814 of 2014 have passed an interim order for payment of Rs.7,50,000/- pending the revision petition and said amount was deposited in the Forum by the OP vide bank draft No.72015 for sum of Rs.13,26,527/- drawn at Axis Bank Limited, Jalandhar which OP neither seeks to withdraw.

Notice of the application was given to the representative of the DH and authorized representative of the DH made statement in the Forum that he has no objection, if the amount of Rs.13,26,527/- is refunded to the JD though subject to deduction of litigation expenses of Rs.5000/- imposed by this Forum and interest @ 9% on Rs.15 Lacs from 31.7.2015 till the date of payment.

The learned counsel for the OP/applicant contended that previously the OP deposited amount of Rs.13,26,527/- under interim order passed by Hon'ble National Commission but during pendency of the revision, a settlement took place in the Hon'ble National Commission under which OP was to pay Rs.15 Lacs to the complainant alongwith reduced interest of 6% from the date of filing of the complaint till its realization and if the amount is not paid within six weeks then the interest shall stand enhanced to 9% and it was also ordered that OP is at liberty to withdraw the amount already deposited with the Consumer Forum. It is mentioned in the execution application itself that OP deposited draft for Rs.19,50,863/- i.e. principal amount of Rs.15 Lac and interest of Rs.4,50,863/- from the date of complaint till 30.7.2015 and the authorized representative of DH received the said draft from the Forum on 31.8.2015. There is no allegations of the DH that the OP have not deposited the settled amount within the stipulated period fixed in the order passed by Hon'ble National Commission. The contention of the DH is only that OP have not paid Rs.5000/- which was imposed on the OP by the consumer forum as litigation expenses and due to this reason, the OP have not complied with the order and as such DH is entitled to interest @ 9% on the principle amount of Rs.15 Lac settled in the Hon'ble National Commission. However, this Forum does not find force in the contention of the DH because once an appeal or revision has been filed from the order of the consumer forum then the order of the consumer forum merge with the orders passed in the appeal or revision and as litigation expenses are not awarded in the order passed in the revision by the Hon'ble National Commission, therefore, DH/complainant is not entitled to recovery of Rs.5000/- granted as litigation expenses by the then Learned Consumer Forum. The contention of the DH is that the OP is liable to pay 9% interest on the settled amount of Rs.15 Lacs as OP has not complied with the order due to non payment of litigation expenses of Rs.5000/- imposed by the then Learned Consumer Forum.

As discussed above, the order passed by the then Learned Consumer Forum. merge with the order of Hon'ble National Commission dated 21.5.2015 and vide this order, litigation expenses were not imposed. Therefore, DH/complainant was not entitled to litigation expenses of Rs.5000/- 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.