11-03-14 – The reasons for delay in disposal of this appeal can be seen from the ordersheet.

           Nobody appears for the Opposite Parties.

2.       Mr. Chandrajit Mukherjee, learned counsel appearing for the petitioner submitted that the respondents have not complied with paragraph 11 of the Judgment dated 05.05.2010 passed by this Forum in CC no. 21 of 2002.

3.       We find no merit in this Mise. Case. The petitioner moved the Hon’ble National Commission, against the said judgment dt. 05.05.2010, which has merged in the order of the Hon’ble National Commission dated 06.01.2011 passed in First Appeal no. 281 of 2010 in which there is no directions in terms of paragraph 11 of the Judgment of this Forum.  Secondly, one of us, Shri M. L. Roy who was one of the Member in the Bench which passed the said judgment dt. 05.05.2000, clarifies that para 11 to the Judgment is the discussion and finding of the Forum, and the operative portion contained in para 13 was to be complied by the respondents.

4.       After hearing Mr. Mukherjee and going through the records, we are not inclined to issue the directions as prayed in this miscellaneous petition.

5.       After we dictated the order, Mr. Mukherjee prayed for refund/return of the amounts deposited by the respondents before this Forum.

6.       It appears that the demand drafts Rs. 2,50,000/=, 20,000/= and 40,950/=  all dated 23.06.2010 and a cheque of Rs. 1,00,000/=, dated 08.08.2012 was deposited by the respondents, which were revalidated on 06.06.2012.

7.       In the circumstances, the respondents are directed to handover fresh cheque(s)/draft(s) of the total amount i.e. Rs. 4,10,950/= to the petitioners, within four weeks from the date of communication of this order. With these observations and directions this miscellaneous  petition stands  disposed off.

Issue free copy of this order to all concerned for information and needful.

Ranchi,    

          Dated: 11.03.2014