Order No.  17   / 09.01.2019

          Dhr is absent without taking any steps. The Ld. Advocate for the Jdrs is present.

            Jdrs file an application praying for drop the instant execution case on the ground stated therein. He also files photocopy of the order of the Hon’ble NCDRC passed in connection with RP No. 622 of 2018.

            Heard the Ld. Advocate for the Jdrs. who submits that against the order dated  21.11.2017 passed in First Appeal No. A/1256 of 2015 the Jdrs preferred Revision Petition before the Hon’ble NCDRC, New Delhi and the Hon’ble National Forum  has been set aside the order passed by the Hon’ble State Commission.  According to him, the instant execution application is liable to be  dropped.

            Perused the order passed in CC No. 152 of 2015 coupled with the order dated 21.11.2017 passed in First Appeal No. A/1256 of 2015. On perusal of those orders it appears to us that this Forum allowed the complaint and directed the Jdrs to pay a sum of Rs. 2,00,000/- along with the cost of litigation quantified at Rs.10,000/- as well as punitive damages quantified @ Rs.200/- per day till compliance of its order and the Hon’ble State Commission has been pleased to set aside the direction for punitive damages by maintaining the rest portion of the order passed by this Forum. It is true that the Jdrs preferred Revision Petition being No. 622 of 2018 before the Hon’ble National Commission, New Delhi and it appears from the photocopy of the order that the Hon’ble National Commission has been pleased  to set aside the order dated 21.11.2017 passed by the Hon’ble State Commission.

 In view of the above aspect, the instant execution case is not maintainable and liable to be dropped. Hence,

ORDERED

            That the execution case be and  the same is dropped in view of solemn observation of the Hon’ble NCDRC.