Order No.  2  dt.  25/05/2018

            The complainant by filing this MA application stated inter alia that this Forum was pleased to pass an order dt.22.4.14 to the effect that the o.ps. were directed to repaint of affected area. After receiving the said judgment the jdrs. Informed the complainant for repainting of the affected part, but dhr. made repainting of the entire wall with Asial Paints. Since the dhr. has not complied by allowing the jdrs. to repaint the affected part and claimed the compensation of Rs.1,32,885/- which is absolutely an imaginary amount claimed by the complainant / dhr. In view of the said fact ld. lawyer for jdrs. prayed for allowing the MA application since the dhr. has flouted the order of this Forum and there was no scope of the jdrs. to act in terms of the final order dt.26.6.17. On the basis of the said fact jdrs. prayed for dismissal of the execution case allowing the MA application.

            Ld. lawyer for dhr. submits that since dhr. has not complied the order, therefore the execution case had to be filed.

On perusal of the record we find that the order passed by this Forum was flouted by dhr. and filed the execution case claiming huge amount against the jdrs. Since the complainant / dhr. failed to act in terms of the order passed by this Forum and the claim made by dhr. is fabulous one which is beyond the scope of the order passed by this Forum, therefore, we hold that the execution case filed by the complainant / dhr. is based on false allegation made against the jdrs. Therefore the execution case filed by the complainant / dhr. is not maintainable and the same is dismissed accordingly.