Today is fixed for order. On the previous day that is 14-02-2019 the execution case was heard in presence of both sides. At the time of argument the Ld. Lawyer of the decree holder argued that this Forum in C.C. Case No.12/98 on 24-12-1999 passed an order for restoration of telephone connection by the O.P and further ordered that the decree holder will get an order for recovery of compensation at the rate of Rs.300/-per day from 27-03-1997 till restoration of the telephone connection. But in the petition it has been claimed Rs.1754000/- for recovery of the decreetal amount. On the other hand the ld. Lawyer of the JDR submitted that the decree holder has not come to the forum with a clean hand. It has been further stated that the telephone connection was restored on 08/04/2002 which has been admitted by the decree holder in execution case No-03/12. Accordingly, as per Forum’s order the JDR has paid the amount and transferred the amount to his account to the tune of Rs.550900/-. The Ld. Lawyer of the JDR further submitted that in execution case No-03/12 filed by the decree holder it has been clearly stated that service connection was restored on 08/04/2002. But in the present case that is Execution Case No- E.A-14/18 the complainant did not state anything about the matter of restoration of telephone connection though the Dhr in the previous Ex.Case has clearly stated that was restored on 08.04.2002. So, he has suppressed the real fact and he is claiming compensation for non restoration of telephone connection to the tune of Rs.1715400/ on the date of filing of the instant Ex. Case.

 On perusal of the documents it is found that in Execution Case No- 03/2002 the decree holder has clearly stated that the telephone connection was restored on 08-04-2002. Accordingly, the JDR paid the amount. So, the decree holder has not come to this forum with a clean hand. It may be the fact that after restoration of the telephone connection the decree holder did not  pay the amount this is why the telephone line was disconnected for which the JDR has no liability to pay the amount along with the interest from the date of order to the date of restoration of telephone connection. So, considering such facts and circumstances the instant execution case is not maintainable and liable to be rejected as the complainant has not come to the forum with a clean hand and suppressed the real fact.

Hence,

                                         Ordered

 That the execution case be and the same is rejected on contest with cost of Rs.500/- (Five Hundred) and the BSNL Authority is an liberty to recover the amount from the decree holder through process of Law.