ORDERS

1. This E.A. is filed for enforcement of the order in Appeal No.475/2010 dated 01.08.2011 on the file of Karnataka State Consumer Disputes Redressal Commissiona, Bangalore. 
2. The brief facts alleged in the execution petition are that this Forum has allowed CC No.426/2009 as per order dated 04.01.2010.  The same was challenged by J.Drs before Hon’ble State Commission in Appeal No.475/2010.  The Hon’ble State Commission has partly allowed the appeal modifying the credit of Rs.10,000/- instead of Rs.1,00,000/- to the Consumer Legal Aid Account and in respect of other aspects, the order passed by this Forum was upheld.  The J.Dr has challenged the order of Hon’ble State Commission in R.P.No.3709/2011 which came to be dismissed on 20.08.2015.  So, thereby, the J.Drs are liable to withdraw the advertisements displayed on buses run by them in Mysuru City which are contrary to rule 127 of Karnataka Motor Vehicle Rules.  Further, this Forum has directed to pay compensation of Rs.5,000/- to the D.Hr and also Rs.1,000/- towards costs.  Thereby, the D.Hr has sought for implementation of the order passed by Hon’ble State Commission in Appeal No.475/2010.
3. The J.Drs appeared through the advocate and filed the following objections:- Application is not maintainable.  This Forum in CC No.426/2009 has directed the J.Dr to remove honeymoon advertisements on bus No.KA-09-3709 and KA-09-4248.  Those advertisements are withdrawn by J.Dr in view of the order passed by the Hon’ble State Commission in Appeal No.475/2010.  The amount was deposited with this Forum and as such there is full compliance of the order passed by the Hon’ble State Commission in the appeal.  As such, as sought for dismissal of this petition.
4. After hearing both sides, this matter is set down for orders.
5. The point for our consideration are as follows:-
   1. Whether the J.Drs have complied with the order passed by this State Commission in Appeal No.475/2010 dated 01.08.2011?
   2. To what order?
6. Our findings on the above points are:-
   1. In the affirmative.
   2. As per following
5299419885.  
7. Point No.1:- The J.Dr. has deposited the amount to this Forum out of which an amount of Rs.5,000/- + Rs.1,000/- totally Rs.6,000/- paid to the D.Hr by means of a cheque No.477856 dated 25.10.2017 and also this Forum has collected a sum of Rs.10,000/- towards the amount to be credited to Consumer Legal Aid Account of this Forum.  So, thereby, payment part is complied by the J.Dr.  So far as removal of advertisement is concerned, the J.Dr has specifically pleaded in para 8 of the objection to the effect that the advertisement on the bus Nos. KA-09-3789 and KA-09-4248 relating to honeymoon advertisement are withdrawn.  Thereby, there is full compliance of the order of this Forum.  In addition to it, the J.Drs have placed material to show that as per the provision of section 127 of Karnataka Motors Vehicle Rules have obtained permission to display the advertisement on buses as per the endorsement dated 29.09.2011 issued by Secretary, Office of Regional Transport Office, Mysuru. Under this, authorities have permitted to display the advertisement totally on 310 buses by collecting the fee that has been deposited by J.Drs under a DD to the authorities.  In the circumstances, the say of D.Hr that there is no compliance of the order cannot be accepted since there is nothing on record to show that J.Drs have not withdrawn the advertisement as complained by the D.Hr.  Thereby, in this execution there is no more to be complained since the J.Drs have complied with the orders.  Hence,    Hence, point No.1 is answered in the affirmative.
8. Point No.2:-In view of the findings on point No.1, the J.Drs are complied with the orders passed by the Hon’ble State Commission in Appeal No.475/2010 dated 01.08.2011.  Thereby, the present application is to be dismissed as order is fully satisfied. Hence,  following

:: ORDER ::

EFS entered.Execution application is closed.