IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. EA /12/2016(arose out of CC/41/15).
Date of Filing: 30.05.2016. Date of Final Order: 19.12.2016.
Complainant: Nripendra Nath Saha, 27/12, joy Chand Road (Indrapuri), P.O. Khagra,
Dist. Murshidabad. Pin 742103.
-Vs-
Opposite Party: Koyel Caterer, Prop. Malay Das, 27/80, Joychand Road (Indrapuri), P.O. Khagra,
Dist. Murshidabad, Pin 743103.
Present:
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Samaresh Kumar Mitra, Presiding Member.
This Execution Application has been arisen out of CC 41/2015 for the non-compliance of the final order passed on 11.03.16 in the original case by the J.dr within the stipulated time. Hence, the Execution Application.
So before disposing of the Execution Application, it is pertinent to recap the ordering portion of the final order.
The final order states “The complainant is entitled to get Rs.5000/- plus compensation of Rs.500/-. The OP is directed to pay Rs.5500/- to the complaint in two monthly installments. The first installment of Rs.3000/- is to be paid by the 20th April, 2016 and the second installment of Rs.2500/- is to be paid by the 20th May, 2016.
In default, the OP is to pay Rs.50/- as find for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account”.
Though the notice of this Execution Application was served upon the J.dr but he remains absent day by day. Lastly, W/A was issued against the J.dr. and was arrested and found interim bail with P.R. Bond of Rs.2000/- before the concerned officer and compliance of the final order. The J.dr deposited the amount of Rs.5500/- and sought time to pay the fine amount due to delayed payment. By calculation the fine amount comes to Rs.7900/-.
The D.hr received Rs.5500/- in cash as full and final amount from the Forum on 16.11.2016. He has no other grievance.
On 30.1.2016 the J.dr paid Rs.3000/- out of Rs.7900/- as fine amount and prayed further time to pay the rest of the fine amount which was granted.
That on 19.12.16 the Ld. Advocate for the J.dr filed a petition along with a cheque No. 977977 dt.16.12.2016 for Rs.4000/- drawn on SBI, Khagra Br as fine amount for delayed payment as per final order and submitted for waiving his client from paying the balance fine amount which is Rs.900/-
From the case record, it appears that total fine for delayed payment stands at Rs.7900/- where the J.dr has already paid Rs.3000/- on 30.11.16 in cash and Rs.4000/- by a cheque on 19.12.16. In total the J.dr deposited Rs.7000/- out of Rs.7900/- as fine.
Considering the financial position of the J.dr as well as his small venture to earn his livelihood, we are of the view that the rest of the fine i.e. Rs.900/- should be waived.
Hence, it is ordered that the rest of the fine amount i.e Rs.900/- is waived and the J.dr namely Malay Das, Prop. of Koyel Caterer has been discharged from this Execution Case as he has already complied with the final order dt.11.03.2016 of the original case.
Let the cheque No. 977977 dt.16.12.2016 for Rs.4000/- collected as fine, be deposited in the Consumer Legal Aid Account maintained by SBI, Berhampore, immediately.
The Execution Case is thus disposed of.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member
