CC(Ex.) 03 of 2016

05.01.2018                Today the case if fixed for order. The complainant/D.Hr. filed this Execution Case on non-compliance of order of this Hon’ble Forum dtd. 27.01.2009 arising out of CD Case No. 46 of 2007. On appearance of the O.P/J.Dr with his other documents submitted the surveyor’s report dtd. 10.11.2008 which was not filed during the proceedings of original CD Case No. 46 of 2007. The Surveyor’s Report prepared by Er. S.C.Senapati assessed the net loss for Rs. 1,92,000/- only.

The said surveyor’s report could have been filed much earlier i.e at the time of proceedings of the CD /CC Case No. 46 of 2007 but the J.Dr/O.P has filed after filing of this Execution Case. The activities of the J.Dr/O.P put the D.Hr/Complainant in must hardship and harassment and also in mental agony.

Hence, for the end of justice and basing on the said order passed by this Hon’ble Forum dtd. 27.01.2009 the J.Dr/O.P is here by directed to pay a sum of Rs.1,92,000/- (Rupees one lakh ninety two thousand) only to the D.Hr/Complainant along with interest @12% per annum from the date of previous order of CD Case No. 46/2007 dtd. 27.01.2009 within 30(thirty) days from the date of receipt of this order, failing which the said interest @12% will be charged on the awarded amount of Rs.1,92,000/- (Rupees one lakh ninety two thousand) only till the date of its legalization.

Order pronounced in the open court today on this the 05^th day of January 2018. Free copy of this order shall be communicated to the parties as per Rule.

Member                                                                                         President