IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No. E.A./01/2014.

 Date of Filing:              08.01.2014.                                                             Date of Final Order: 10.07.2017.

Complainant/D.hr:      Amal Kumar Ghosh, 41/1, Krishnanath Road, P.O. &P.S. Berhampore,

                                    Dist. Murshidabad. Pin 742101.

-Vs-

Opposite Party/J.Dr:   Branch Manager, State Bank of India, Berhampore Branch.

                                     Criminal Court Complex, P.O.&P.S. Berhampore, Dist. Murshidabad. 

                       Present:   Sri Anupam Bhattacharyya ………………….        President.                              

                                         Smt. Chandrima Chakraborty ……………………..Member.

FINAL ORDER

Sri Anupam Bhattacharyya-Presiding Member.

The instant execution case is for compliance of final order dated 8.10.14 in CC/20/2013 for payment cost of Rs.3000/- and for refund of excess amount of Rs.31, 440/- to the complainant within 30 days failing which an interest@10% p.a. will carry upon the awarded amount from the date of filing of this case(I.e. 6.3.13) unit full payment.

Decision with Reasons.

Against the instant final order appeal was preferred by the OP before the Hon’ble State Commission and the same was dismissed on contest with cost of Rs.25, 000/- affirming the final order passed on 8.10.13 in CC/20/2013.

The order of the Hon’ble State Commission has duly been complied with by the J.dr./Appellant.

Thereafter, the D.hr-complainant has filed the instant petition dt. 23.6.17 praying for payment of further outstanding as to excess payment of Rs.72,979/- along with interest                         @10% totaling to Rs.1,55,879/-.

On the other hand OP-Bank has filed Written Objection against the instant petition challenging the claim of the D.hr-complaint. There is no outstanding to comply with the order of the Hon’ble Appellate Commission.

            The D.hr –complainant has filed Xerox copy of Bank Pass-Book showing the alleged excess payment of Rs.7300/- p.m since 05.04.13 after filing of the instant CC/20/13 on 6.3.13 and also after passing final order in 8.10.13 and the same was debited up to 05.07.14 @7,300/- p.m. and lastly on 31.8.14 for Rs.4718.56.

In this case appeal being preferred the order of the Hon’ble Appellate Commission passed on 22.07.2016 will prevail wherein the appeal was dismissed with cost of Rs.25,000/- affirming the final order of this Forum passed on 8.3.13 in CC 20/13.

The Ld. Lawyer for the J.dr-Appellant submits that they have already paid Rs.25,000/- towards cost before the Hon’ble State Commission.

Though no document has been filed by the J.dr-OP but the D.hr-complaint has not disputed as to compliance of that order by the J.dr-OP.

Further, it appears from this record that the D.hr-complaint has received a cheque bearing No.228667 dt. 26.5.17 for Rs.47540/- complying with the direction of the impugned final order in toto and the J.dr-OP has credited Rs.15, 200/- in the Consumer Legal Aid Account complying with the direction as to payment of fine for delayed payment in the State Consumer Welfare Fund which is now Consumer Legal Aid Account.

Now, the instant petition filed by theD.hr praying for further claim of Rs.1,55,879/- towards excess payment which is beyond the decree.

The settled principle is that executing court cannot go beyond the decree.

It is also that the impugned final order has been affirmed by the Hon’ble State Commission where the question raised now was also in the execution petition but the same was not raised before the Hon’ble State Commission during hearing appeal and also there is no whisper in the judgment to that effect.

Considering the argument advanced by the Ld. lawyer for both sides in respect of the instant petition dt. 23.6.17 claiming further amount of Rs.1,55,879/- also the documents filed by the D.hr-complainant along with the materials on record we find that the same is for the period from5.04.12 to 31.08.14  which is after filing the instant complaint case and the same may be , if any treated as a separate cause of action and the same being beyond the final order as well as order of Hon’ble State Commission, we have no other alternative but to conclude that the instant petition has no legs to      stand upon and as such the instant petition stands rejected.

At the same time the final order dt. 8.10.13 affirmed by Hon’ble State Commission on 22.07.2016 being complied with fully the instant execution case be disposed of with full satisfaction.

Hence,

                                                 Order

that the petition dated 23.06.17filed by the D.hr –complainant stands rejected on contest without any order as to cost.

The execution case be and the same is disposed of on contest being complied with full satisfaction.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.