Sri Shyamal Gupta, Member

Present Appeal is directed against the Order dated 22-04-2016 of the Ld. District Forum, Unit-I (North) passed in EA/62/2013.

In short, case of the Appellant is that, in terms of the order of the Hon’ble National Commission, he deserved the entire compensation amount of Rs. 15,000/- from the Respondent Bank.  However, ignoring his fervent appeal in the matter, the Ld. District Forum rejected his legitimate claim. Therefore, the instant Appeal.

We have heard the parties and gone through the documents on record.

Operational part of the decree passed in CC/306/2009 by the Ld. District Forum is appended below:

“...O.ps are directed to restore credit limit to Rs. 94,000/- as it were initially and at the same time complainant is directed to pay the dues in five monthly instalments due to the credit of o.ps without charging any interest by the o.ps over the dues, if any.  O.ps are further directed to pay compensation of Rs. 15,000/- (Rupees fifteen thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs. 5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d., an interest @ 9% p.a. shall accrue over the entire sum of Rs. 20,000/- due to the credit of the complainant till full realization”.

Notwithstanding this Commission vide Order dated 22-03-2013 passed in FA/254/2012, reduced the compensation sum from Rs. 15,000/- to Rs. 5,000/-, by virtue of the Order dated 29-09-2016, passed by the Hon’ble National Commission in RP/684/2015, the original decree was restored with a clear direction to the Ld. District Forum to see that the order passed by “it” stood fully complied with. 

In view of this, there was hardly any room for any confusion as to the fact that in the wake of the decision of the Hon’ble National Commission, the aforementioned order of this  Commission became null and void.

Thus, we are fully on the same page with the contention of the Appellant that he deserves the entire sum of Rs. 15,000/- from the Respondent as compensation.  The Ld. District Forum went terribly wrong in interpreting the decision of the Hon’ble National Commission.

Accordingly, we are inclined to allow this Appeal.

Hence,

O R D E R E D

The Appeal stands allowed on contest against the Respondent.  The impugned order is hereby set aside.  Respondent to ensure strict compliance of the decree passed by the Ld. District Forum in the Complaint Case being no. CC/306/2009.