ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/77/2018

             (Against the order dated 13-02-2018 in Execution Case No.

                  3/2016 of the District Consumer Forum, Saharanpur )

01.Station Master, Northern Railway

Saharanpur Junction

Saharanpur (U.P.)

02.Divisional Railway Manager

Northern Railway, Ambala

Haryana

03.Divisional Railway Manager

Northern Railway, New Delhi.

1. General Manager, Norther Railway

New Delhi

                                                                                      ...Revisionists

                                                     Vs.

Dr.  J. K. Jain

S/o Sri S C Jain

R/o 13-14, Prem Vatika

Chandra Nagar Road

Saharanpur (U.P.)

                                                                                      ...Opposite party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist          :    Mr. Ajay Singh, Advocate.

For the Opposite Party    :    Mr. Vinayajit Lal Verma, Advocate.

Dated :  18-04-2018

                                                  ORDER

       MR. JUSTICE A. H. KHAN, PRESIDENT 

          Sri Ajay Singh, learned Counsel for the revisionists appeared.

          Sri Vinayajit Lal Verma, learned Counsel for the caveator/opposite party appeared.

          I have heard learned Counsel for the parties and perused impugned order dated 13-02-2018 passed by District Consumer Forum, Saharanpur in Execution Case No. 3/2016 Dr. J. K. Jain V/s Northern Railway whereby District Consumer Forum has held that revisionists/judgment debtors are liable to pay interest awarded by Hon’ble National Commission in its

:2:

 judgment and order dated 31-07-2015.

          Perusal of judgment and order dated 31-07-2015 passed by Hon’ble National Commission shows that Hon’ble National Commission has directed revisionists to pay to complainant now opposite party as compensation a sum of Rs.50,000/- within four weeks from the date of receipt of copy of this order (order of Hon’ble National Commission). The Hon’ble National Commission has further ordered that in case of default the said amount shall carry interest at the rate of 9% from the date of filing complaint till actual realization.

The District Consumer Forum has held that the copy of judgment and order dated 31-07-2015 passed by Hon’ble National Commission has been received by the judgment debtors now revisionists on 12-08-2015 and this fact is supported by the letter of Hon’ble National Commission whereby copy of judgment and order of Hon’ble National Commission under execution has been sent to opposite parties now revisionists. The endorsement made by official of revisionists who are opposite parties in complaint shows that this letter has been received on 12-08-2015 by opposite parties. Therefore the period of 28 days stipulated by Hon’ble National Commission for payment of compensation shall be counted from this date 12-08-2015 and this period expires on 09-09-2015 whereas the payment in compliance of order of Hon’ble National Commission has been made on 10-09-2015. Therefore in view of direction contained in the judgment and order of Hon’ble National Commission the District Consumer Forum has rightly held that revisionists who are judgment debtors in execution case are liable to pay interest as ordered by Hon’ble National Commission.

In view of above revision is dismissed .

The parties shall bear their own costs.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT                                                                                   

            Pnt