17/02/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to MA 937 of 2015 filed by the Jdr praying for dismissal/disposal of the execution case.

            The Learned Counsel for the Misc. Applicant/Jdr has submitted that against the order passed by this Commission on 19/09/13 in complaint case no.30 of 2010 the FA No.744 of 2013 was preferred by the Complainants/Dhrs which was disposed of by the Hon'ble National Commission vide order dated 09/09/14.  It is contended that on consent of both parties the said order was passed directing the Respondent to refund to the Appellants a sum of Rs.47,62,000/- with simple interest @ 12% p.a. on the said amount from 22/07/08 to 31/10/14.  It is submitted that the Hon'ble National Commission was further pleased to record on submission made by Learned Counsel appearing for the Respondent that the principal amount of Rs.47,62,000/- had in fact been tendered to the Appellants which they refused to accept and the principal amount shall be paid to the Appellants on or before 30/09/14 and the balance amount towards interest shall be paid on or before 31/10/14.  The Learned Counsel has referred to the order dated 09/10/14 on the Review Application No.187 of 2014 filed by the Dhrs praying for review of the order dated 09/09/14 which was dismissed.  The Learned Counsel has further referred to the order dated 12.12/14 passed by the Hon'ble Apex Court wherein another six weeks time was granted to the Jdr to implement the orders passed by the Hon'ble National Commission.  It is submitted that the cheques were issued to the Dhrs on 17/12/15, that is, within the time fixed by the Hon'ble Apex Court.  It is submitted that the said cheques were encashed by the Dhrs.  The Learned Counsel for the Jdr thus submitted that the order of the Hon'ble National Commission dated 09/09/14 which attained finality was fully complied with and execution case should be disposed of.

            The Learned Counsel for the Dhr filed written objection and submitted that in connection with MA 114 of 2015 filed by the Dhrs the Hon'ble National Commission passed an order on 13/03/15 wherein it was contended that the Jdr should be directed to pay compensation of Rs.2 lakh and litigation cost of Rs.10,000/- in terms of the order dated 09/09/13 passed by the State Commission, but the Hon'ble National Commission observed that the said orders merged in the final order dated 09/09/14.  It is submitted that so far as the prayer for award of interest for delay of 70 days in making payment in terms of final order dated 09/09/14 is concerned liberty has been given to the Dhrs to raise the issue in execution proceedings and with this observation the Miscellaneous Application was disposed of.

            We have heard the submission made by both sides.  As regards the order dated 13/03/15 in connection with RP 114 of 2015 it is submitted by the Learned Counsel for the Jdr that the said order was passed ex parte without issuing notice to the Respondents/Jdrs and in view of the finality of the order dated 09/09/14 passed by the Hon'ble National Commission and the date of payment has further been extended by the Hon'ble Apex Court, there is no scope to raise such point as to delay in payment.  It has further been submitted that when Hon'ble Apex Court granted time of six weeks for implementation of the order dated 09/09/14 of the Hon'ble National Commission, such question at this stage cannot be raised and the matter cannot be reopened in any way.  On this point Learned Counsel for the Dhr has submitted that all the papers including the order passed by the Hon'ble Apex Court were submitted before the Hon'ble National Commission and liberty was given to the Dhr to raise the point of delay of 70 days in making the payment in the execution case.

            Evidently, the order dated 09/09/14 passed by the Hon'ble National Commission attained finality.  It further appears that the date of payment thereof has further been extended for six weeks by the Hon'ble Apex Court by order dated 12/12/14 in connection with SLP to Appeal (C) Nos.33023-33024/2014.  The payment has admittedly been made within that period.  In view of such order passed by the Hon'ble Apex Court and the compliance thereof having been made by the Jdr, we are of the considered view that the final order dated 09/09/14 has been fully complied with.

            The execution case bearing EA 14 of 2014 is thus disposed of.  MA 937 of 2015 is also disposed of.