MR RAMSANKAR NAYAK, MEMBER …       The factual matrix of complaint in brief is that, the complainant on dt.23.10.1998 met with an accident while he was moving on the main Road, Nabarangpur, a vehicle 407 bearing no. OR-10A-3161 dashed him riding negligently as a result of which the complainant sustained serious injured on his right hand little finger, so he filed a claim before the M.A.C.T., Nabarangpur against the OP above along with the owner of the vehicle vide M.J.C. Case No.103/2000 where in the Hon’ble Tribunal has directed the present OP to pay a sum of Rs.18,550/- along with 9% interest p.a. from the date of filing of the claim i.e. dt.15.11.1999 with an order to comply with in a period of 30 days, besides directed to pay Rs.300/- as cost of the litigation. Being aggrieved on quantum of compensation the complainant preferred an appeal against the said order before the Hon’ble High Court of Odisha for enhancing the compensation, wherein the Hon’ble High court Permanent and Continuous Lok Adalat allowing the appeal enhanced the compensation to Rs. 35,000/- along with 7% interest p.a. But utter surprising that the OP till not complied the order of Hon’ble High Court of Odisha which is negligence and deficiency in service on the part of OP. Hence he prayed before this forum to direct the OP to carry out the order of Hon’ble High Court inter alia directed to pay Rs.5000/- as litigation cost to the complainant.

2.         The counsel for OP has filed a petition wherein he raised nothing except jurisdiction of this forum, and on maintainability of the case. He further specified that as the case is taken up by Hon’ble Tribunal, the case itself stand out of ambit of this forum. Hence he prayed to dismiss the case with cost.

3.         The counsel for complainant has filed copy of two judgment of Hon’ble M.A.C.T., Nabarangpur and Hon’ble High court of Odisha. The opposite party filed nothing except an objection petition and failed to file his counter and evidences in the case. Both the parties have been minutely heard the case and evidences considered.

4.         It reveals from the record that, the complainant met with an accident with the above said vehicle at main road Nabarangpur and inflicted serious injuries to his little finger of right hand, hence he craves the leave of the M.A.C.T., Nabarangpur and after adjudicating the matter the Hon’ble Tribunal has directed the OP to pay Rs.18,550/- along with 9% interest p.a. from dt.15.11.1999 to till the date of realization. But the complainant unsatisfying the said order preferred an appeal before the Hon’ble High Court of Odisha and the High court pleased to enhance the quantum of compensation and directed the OP on dt.30.07.2011 to pay a sum of Rs.35,000/- along with 7% interest p.a. within a period of two months. But the complainant contends that the OP has not yet complied the order of Hon’ble High Court, hence this complaint.

5.         It is also seen from the record that, the Hon’ble High Court, Odisha, through Permanent and Continuous Lok Adalat, before deciding the matter heard the matter on presence of both the parties and on agreement of both the parties the Hon’ble Court has enhanced the compensation to Rs.35,000/- along with 7% interest p.a. instead of Rs.18,550/- with 9% interest p.a. and also directed the OP company to pay the same within 02 months from the date of order i.e. Dt.30.07.2011 but the OP not yet complied the matter and under a compulsion circumstances the complainant further craves the leave of this forum alleging deficiency in service on the part of OP.

6.         After evaluating the pros and cons of the facts and circumstances of the case, we are of the view that, Sec 3 of C.P.Act 1986 envisaged that, “the Act not in derogation of any other law,” hence non compliance the order of any competent court/office or any other organization for a long period is deficiency in service as provisions contemplated in Sec.2 (d) (g) (o) of the C.P.Act. As the OP had been agreed to pay Rs.35,000/- with 7% interest p.a. in presence of complainant before the Hon’ble High Court and yet not complied the same, hence the OP falls under the certain provisions of C.P.Act 1986. So we found the OP guilty of deficiency in service and the complainant is entitled for compensatory relief. As thus we allowed the complaint against the OP with cost.

                                                                        ORDER

i.          The OP shall pay the agreed sum of Rs.35,000/- (Rupees Thirty Five Thousand only) calculating 7% interest p.a. from the dt.30.07.2011 to till the realization of such amount, inter alia to pay Rs.2,000/- (Two thousand) as cost of this litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will carry 12% interest per annum till its realization. Pronounced on this the 22nd day of May' 2017.

       Sd/-                                                                            Sd/-

   MEMBER                                                        MEMBER, DCDRF,

                                                                                NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.