O r d e r

1. Present appeal has been filed on behalf of complainant/decree holder for a direction to the executing court to recalculate the decretal amount of compensation in terms of order passed by this Commission in Appeal no. 168 of 2018 and Appeal no. 185 of 2018 which has not been correctly calculated by the executing court vide its order dated 24.05.2023 passed in Miscellaneous case no. 09 of 2018.
2. Appeal no. 169 of 2018 and Appeal no. 185 of 2018 was disposed of by order dated 26.07.2022 with modification in the order dated 19.02.2018 passed in complaint case no. 30 of 2015 passed by District Consumer Forum, Nawada by which the compensation of Rs. 25,000/- awarded for physical, mental & pecuniary loss to the complainant was reduced to Rs. 10,000/- and remaining part of the order passed by District Consumer Forum, Nawada was left intact. 
3. The District Consumer Forum, Nawada by its order dated 19.02.2018 passed in Complaint case no. 30 of 2015 had directed payment of Rs. 16,500/- to the complainant with interest @9% p.a from September, 2003 till its payment. The District Forum further awarded compensation of Rs. 25,000/- for physical, mental and pecuniary loss and Rs. 10,000/- as cost of litigation and further directed payment of total amount of Rs. 51,500/- with interest @9% per annum from September, 2003 within 30 days failing which interest @12% per annum shall become payable.
4. Complainant/Decree holder filed Miscellaneous case no. 09 of 2018 in which Rs. 64,963/- was paid to the complainant by cheque dated 23.11.2022 which was accepted by the complainant. The calculation was made on the amount of Rs. 16,500/- with interest @9% per annum from September, 2003 to November, 2022 i.e 19 years 2 months and thereafter, Rs. 10,000/- as compensation and Rs. 10,000/- as cost of litigation  Total Rs. 64,963/- was paid to the complainant.
5. It is submitted on behalf of appellant that executing court can not go behind the decree and can not look into the correctness of decree and has to execute it as it stands. Direction was to pay Rs. 16,500/- + Rs. 10,000/- + Rs. 10,000/-= Total Rs. 36,500/- with interest @9% per annum from September, 2003 till date of payment. However, judgment debtor has calculated 9% interest per annum on the amount of Rs. 16,500/- and no interest has been paid on Rs. 10,000/- and Rs. 10,000/- in terms of the decree passed by the District Consumer Forum and upheld by State Consumer Commission.
6. The judgment debtor have calculated the decretal amount which is as follows:

Net Payment= 16,500/-+(16,500/-x0.09x19)+{16,500x0.09)x2/12}+10,000/-+10,000/-= Rs. 64,963/-

7. The decree holder has calculated the decretal amount which is as follows:

Total amount- Rs. 36,500/-

Rate of interest- 9%

Period- 19 Years 3 months

Simple interest on principal amount- 36,500/-x9x19 years 3 months

                                                                           100 
​       

Total simple interest= Rs. 63,236.25

Rs. 63236.25 (interest) + 36,500/- (Principal) = Total Rs. 99,736.25/-

8. In said view of the matter the District Consumer Commission, Nawada shall recalculate the decretal amount in terms of the decree. The above calculation of parties is for illustration purpose only and District Consumer Commission has to recalculate the decretal amount and if any, amount is found payable after recalculation same to be paid within 30 days to decree holder by judgment debtor.
9. With aforesaid observation and direction this appeal is disposed of.

(Raj Kumar Pandey)                                                                                                              (Sanjay Kumar,J)

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Md. Fariduzzama