Sri Shyamal Gupta, Member

Challenge in this Appeal is the Order dated 10-10-2018, passed by the Ld. District Forum, Kolkata-I (North) in EA/6/2017.

The case of the Appellant, in short, is that, once the higher Forum modifies the order of the lower Forum, the order of the Forum below becomes infructuous. Accordingly, while this Commission allowed 40 days time for compliance of the order of the Ld. District Forum, the operative part of the order, whereby the Appellant was directed to ensure strict compliance of the order within 30 days from the date of communication, the same became non est in the eye of law. Accordingly, it prayed for setting aside the impugned order.

Having heard both sides and on perusal of the referred orders, we find that vide order dated 27-07-2018, this Commission in unequivocal terms affirmed the final order of the Ld. District Forum dated 29-11-2016 passed in CC/376/2014.  Besides, the Appellant was directed to pay Rs. 25,000/- within 40 days from the date of the order being passed by us earlier.  Nowhere in the operative part of our previous order, we used any such word which could be misconstrued as modification of the final order of the Ld. District Forum. 

Clearly, it was a misnomer on the part of the Appellant to read between the lines of our previous order in its true perspective. 

The Appeal being bereft of any merit, the same is dismissed.  No costs.