Date of Filling:      24.02.2014

                                                                                                                       Date of Disposal:  26.10.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT:   THIRU.S.PANDIAN, B.Sc., L.L.M.                                 ….PRESIDENT

THIRU:R.BASKARKUMARAVEL, B.Sc.L.L.M., BPT., PGDCLP.,      …MEMBER

 EA. No.04/2014 IN CC.No.46/2008

FRIDAY, THE 26^th  DAY OF OCTOBER  2018

 G.Sukumaran Nayar,

 No.F.-3, D-Block,

Sai Vishal Flats,

39, Palli Vinayanagar Koil Street,

Thirumullai Voyal,

Chennai -600 062.                                                          …..Petitioner/DH/Complainant

                                                     //Vs//

M/s.Sree Sai Builders,

Rep.by its Proprietor,

Mr.L.Balamuragan,

No.4/295, Sai Sakthi Flats.

N.G.O.Colony Main Road, Thudiyalur,

Coimbatore -641 022.                                                   …Respondent/JD/OP.

Counsel for the complainant            :           G.Malathi, Advocate.

Counsel for the opposite party        :            Thiru.M.Nithiyanantham,Advocate

ORDER

PRONOUNCED BY THIRU S.PANDIAN. PRESIDENT.

This petition is filed by the petitioner/decree Holder against the Respondent/Judgment Debtor for compliance of the order in Consumer Complaint No.46/2008 dated 10.01.2014 failing which, order for Arrest  of the Respondent/Judgment debtor U/S of Consumer Protection Act-1986.

  No other representation. However, passed it over 4.00 P.M.

At.4.00.P.M.

Heard.  It is seen from the adjudication that this EA is pending from 2014.  Further, in spite of issuance of Non Bail able Warrant long time back and sent many reminders to the police personnel, the Non Bail able Warrant could not be executed till date and it is adjourned for execution of Non Bail able Warrant.  But, even lapse of nearly 4 years the NBW has not been executed and it is seen from the adjudication that from 09.11.2016 on wards the petition/DH/Complainant has not appeared continuously and has not chosen to take further steps for the execution of NBW till date.  Eventhan, this Forum voluntarily in the interest of justice, the reminder sent to the concerned police personnal for clearing execution. But, no fruitful result.  Therefore mere adjourning this matter without any progress is not justification. Moreover, there is no limitation for the execution of the order of this forum has to be noted.

In such circumstances, this EA is Dismissed for default.  No Cost.

  This order has been pronounced by us in the open Forum on this 26^th October 2018.

   -Sd-                                                                                         -Sd-                                                                                        

MEMBER                                                                           PRESIDENT