ORDER                                 Dated:  23-01-2017

Mohd. Anwar Alam, President

1. DH filed an application on 04.04.2016 to execute the order dated 07.02.2008 passed by this  District Forum read with order dated 27.11.2015 passed by Hon’ble National Commission. On 27.10.2016 he opted to proceed U/s 25 of the C.P. Act.  Notices were issued to the JDs.  JD 4 and JD 5 replied that on 24.09.2009  pay order no. 054117 amounting to Rs. 5,18,301/- was paid to the District Forum and this amount is lying in fixed deposit in excess to the amount and interest awarded by the National Commission. So excess amount be refunded to them.
2.  Heard both the parties and perused file.
3.  It is true that JD 4 has deposited an amount of Rs. 5,18,301/- vide pay order dated 19.02.2009 in compliance of the order dated 27.01.2009 passed by the Hon’ble National Commission in R. P. No. 4439/08 and this amount is lying in the account of District Forum. It is pertinent to mention herein that Hon’ble National Commission vide order dated 27.01.2009 passed in R. P. No. 4439/2008 directed petitioner ( JDs ) to deposit 50 % of the amount awarded by the State Commission along with accrued interest before the District Forum within four weeks and amount deposited be kept in an interest bearing account (Fixed Deposit) initially for a period of 2 years. In compliance of this order Rs. 5,18,301/- was deposited by the petitioner JD4. This amount was deposited in the  bank account of  District Forum and as reported by the  bank interest accrued on this amount is Rs. 1,72,449/- for the period 19.09.2009 to 09.12.2016.
4.  Hon’ble National Commission vide order dated 27.11.2015 passed in R.P. Nos 4391/2008 and 4439/2008  directed to modify the order of the State Commission to the extent  that the compensation to be paid to the complainants remains at Rs. 5 Lakhs instead of Rs. 10 Lakhs with the additional direction that the amount of compensation of Rs. 5 Lakhs will be paid to the complainants along with interest @ 7% from the date of the order of district forum i.e. 7.02.2008 till realization. The order dated 07.2.2008 of the District Forum also modified accordingly.  Hence the amount to be paid to the complainant by the Judgment Debtor is Rs 7,690/- with interest @ 9% p.a. from 20.5.1967 till date plus compensation of Rs. 5 Lakhs along with interest @ 7% from the date of order of the District Forum i.e. 07.02.2008 till realization plus a sum of Rs. 5000/- as cost of litigation.  This total amount is Rs. 8,15,522/- upto 09.12.2011  as calculated by the Decree Holder.  Interest component as per above orders will be added from 10.12.2016 till realization. J.D. did not file any calculation of this amount to be paid to the Decree Holder.
5. Hence the amount already deposited by the Judgment debtor Rs 5,18,301/- along with accrued interest i.e. Rs 1,72,449/-  plus accrued interest till date be paid to the DH and remaining amount of  Rs 3,32,221/-  with interest from 10.12.2016 till the date of realization be paid by the JDs forthwith.  In case JDs fails to make the payment of remaining balance amount to the DHs within a reasonable time of 10 days from the date of order then  Recovery Certificate be issued against JDs.  Hence this execution is disposed of accordingly.  File be consigned to record room.
6.  Copy of this order be made available to the parties free of cost as per law.

Announced on this _______________