EA/08/2020

Order No.23

09.01.2023

Today  is fixed for filing show cause by the Dhr.and passing necessary order. The Complaint Case No.08/18 is allowed exparte against O.P.Nos.1 & 2. In that final order both the O.Ps. are liable jointly and severally O.Ps. are direc ted to repair the T.V.set by correcting the defect of it, if it is not possible, replace the disputed T.V.Set by defect free new one of similar description, if the O.Ps. fail to do that , to refund Rs.43,000/- to the Complainant and a sum of Rs.10,000/- as compensation and Rs.5,000/- as li9tigation cost within one month from this order. Failing which entire amount shall have carry interest @ 10% p.a. from filing this case till realisation.

Being aggrieved complainant filed the Execution No.08/20 on 13.8.20. On 09.3.21 Jdrs. Great Eastern Trading Co. appeared this case and filed a A/C Payee Cheque bearing No.254343 dt.10.02.21 amounting Rs.76,067/- ( Seventy-six thousand sixty seven) only in favour of complt. Kakali Mondal of Axis Bank by the Director “Great Eastern Hire Purchase Pvt.Ltd.”  who is Jdr. in this Ex.Case.

After seriously ill Dhr.Kakali Mondal was under treatment at  Dibakar Hospital, Joypur, Rajasthan. In this situation on 09.03.21her husband filed a petition supported by affidavit that his wife could not able to attend this Commission personally as she was in out of West Bengal  and for which she has already authorized her husband to withdraw the said cheque and pursue the above noted case matter on her behalf.

It reveals from the petitioi n that Monindra Mohan Mondal by an Undertaking through Affidavit assured the Commission that he will deposit the cheque in the A/C of his wife Kakali Mondal and also declared that he will be responsible if his wife claim further the award amount.

In presence of the representing Advocate the Commission Order No. 09 dt.09.03.21 that the Cheque bearing No.254343 of Rs.76067/- of Axis Bank dt.10.02.21 may be handed over to Mr.Monindra Mohan Mondal (husband of Kakali Mondal) and that the said cheque delivered to the Monindra Mohan Mondal on 09.03.21 in presence of both the Lawyer and taking all formalities. In this order Commission directed the Dhr. to provide the Bank A/C statement after collection the said cheque bearing No.254343 of Rs.76067/-.

On 04.07.22 (Order No.1a) Jdr. submit a petition supported by affidavit praying for dispose of the instant  execution proceeding  along with an extract of Axis Bank statement of Judgement Debtor. It has seen in this statement that the said A/C Payee Cheque bearing No.254343 dt.10.02.21 of Rs.76067/- only dtrawn on Axis Bank Ltd. in favour of Kakali Mondal, the Dhr. had been duly encashed.

Several dates were gone but Dhr. Could not take any steps and not complied the order. On 24.08.2022 in Order No.20 Commission has directed to Dhr. to file Show Cause as to why this case shall not be dismissed for non-prosecution. On 20.10.22 Dhr. took no steps.

                                                Hence it is,

                                                                Ordered.

That the Execution Case and the same is dismissed for non-prosecution.