IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  EA/12/2013

                                                                                                    CC/07/2008

 Date of Filing: 24.04.2013                                                                                                 Date of Final Order: 23.03.2015

Ambiya Biwi

W/o Lt. Md. Hasan Ali

Vill+ P.O.- Mirzapur, P.S.-Beldanga

 Dist. Murshidabad     ..……………………………………………..Complainant/Dhr 

                                                           -Vs-

1). Branch Manager

Life Insurance Co. Ltd. Berhampore Branch

P.O. & P.S.- Berhampore.

Dist. Murshidabad

2).Branch Manager.

Golden Trust Financial Service.

S. B. Mansion,

16 R. N. Mukherjee Road.

Kolkata- 700001            ……………………..…….Opposite Party/Judgment Debtor s

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

               Samaresh Kumar Mitra ……………………Member.         

 Order  No- 21 Dated:23.03.2015

 Samaresh Kumar Mitra .Member.

 The D/hr filed an Execution Appeal on 24.4.2013 before this Forum U/S-27 of C.P.Act,1986 for Execution of order dated 14.07.2010 passed by this Forum. J/dr No.1 appeared by its agent and filed written objection on 03.06.2013 in which he stated that he is ready to comply the order of this Forum after the filing of claim Form along with the documents by the Decree Holder within a month. It appears from the case record that the Jdr did not turn up in the proceeding although there was no specific direction against the OP No.2 in the Final Order. But after perusal the case record that the Order No.15 dated 08.08.2014 clearly speaks the position of the execution case and the conduct of the D/hr is not satisfactory so she was directed to file showcause. Till date no showcause has been filed by the Decree Holder. The Decree Holder was absent on 12.9.2014, 14.10.2014, 13.11.2014& 30.12.2014  so she was directed to file showcause on today and in that context a notice was send to her address on 17.2.2015 to appears before this Forum and to file showcause but the said notice returned to this office with a remark ‘Not Known to her’.

 Today Decree Holder is absent on call and no step has been filed on his behalf. Judgment Debtor files hazira and his agent vehemently argued that sufficient liberty has given to this Decree Holder but she misused the opportunity and failed to assess the veracity of the proceeding and lost the valuable time of this Forum as such the Execution Appeal is liable to be dismissed.  

 After perusing the case record and the conduct of the Decree Holder we are in a view that she is not interested to continue with the proceeding but lapsed the valuable times of this Forum and getting sufficient opportunity she misused the same so the proceeding is dismissed due to non prosecution.                 

Dictated and corrected by me.                     

                   Member                                                                                                                      President