The record is taken up today for order. Perused the judgment dated 11.01.2012. The judgment inter alia is  “The complainant do get an award of Rs.8,29,000/-towards the refund of the deposited amount and Rs.2000/- towards litigation cost, totaling Rs.8,31,000/-(Rupees Eight Lac Thirty One Thousand Only) against O.P. Nos. 1,2 and 4 who are individually and collectively liable to satisfy the award within 30 days from the date hereof, in default, they will be liable to pay interest @ 9% on the entire awarded amount till recovery.”

So being an executing Court / Commission cannot go behind the decree.

As per decree the complainant is entitled to get 9% interest on the entire awarded amount of Rs.8,31,000/-(eight lakh thirty one thousand) only since February’2012, because the OPs / Jdr failed to advance the principal awarded amount within one month(30 days) from the date of the judgment to the hand of the complainant /Dhr.

It is pertinent to mention here that as per order of the Hon’ble National Commission the Jdr deposited 50% of the decrital amount before the District Commission, the Jdr deposited the 50% decreetal amount together with interest @ 9% a sum of Rs.4,82,500/- at the District Commission in the year 2013.

So the Jdr already started making their payment on and from 03/12/2013. So the object of the judgment was started as compliance on and from 03/12/2013. Furthermore the amount of Rs.4,82,500/- and Rs.84,484/- was issued by this Commission on 23/08/2021 vide two cheques which were the 50% decreetal amount deposited by Jdr in the year 2013,which was kept in the safe custody of this Commission and was handed over to the Dhr on 31/08/2021, thereby there is no fault on the part of Jdr in non compliance of the original order. Default in withdrawal on the part of  the Dhr does not tantamount to a default of the Jdr.

Thereby calculation stand as follows:-

Total awarded amount = Rs.8,31,000/-

50% of the dereetal amount with interest @9% was deposited by Jdr i.e = Rs.4,82,500/- (principal -4,15,500/- + interest- 67,000/-)

Rest 50% of the dereetal amount of Rs.4, 15,500/- + from 2012 to 2019 being Rs.7, 14,660/-(principal- 4,15,500/- + interest- 2,99,160/-) which was deposited by Jdr and withdrawal by the Dhr on 26/09/2019 vide cheque.

So total decreetal amount (+) interest @9% comes to Rs.11,97,160/- till 2019.

Whereas amount received by Dhr is Rs.12, 81,167/- as the decreetal amount.

Such amount of Rs.84, 484/- received by Dhr is the bank interest is the difference in the total sum of money received by Dhr i.e Rs.12,81,167/- (-) Rs.11,97,160/- = Rs.84,007/- round of Rs.84,884/-.

As per calculation and conclusion of this Commission Dhr has no amount outstanding from the Jdr as such the execution case is dropped.

Petition 03/09/2021 & 25/11/2021 is rejected since being meritless.