02/04/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Appeal is directed against the order no.08 dated 15/05/14 in EA 145 of 2013 passed by Learned District Forum, Kolkata, Unit-I issuing bailable W/A against the Jdr.  It appears that the complaint case bearing no.318 of 2010 was allowed by the Learned District Forum directing the OPs jointly and severally to supply the copy of home loan agreement standing in the name of the husband of the Complainant and to let the Complainant know the exact amount inclusive of all interest as on the date of passing the judgment within 3 weeks and on receipt of the same the Complainant was directed to pay the said total amount in 10 instalments and is further directed to pay to the Complainant a sum of Rs.5000/- as compensation and litigation cost of Rs.2,000/- within 45 days from the date of communication of the order, in default the amount shall carry interest @ 10% p.a. till realisation. 

            The Learned Counsel for the Appellant/Complainant has submitted that the Complainant took loan from the Respondent Bank and OP was directed to supply the statement of account.  It is submitted that in the execution application it has been mentioned that the outstanding amount was Rs.13,09,262/- as on 06/06/13 and in the W.V. it was mentioned that the outstanding stood at Rs.2,64,310/-.  It is contended that the Complainant did not pay any amount after the passing of the decree and no Appeal was preferred by either side u/s 15 of the C. P. Act, 1986.  It is submitted that the issuance of W/A against the Complainant/Jdr is bad in law. 

            The Learned Counsel for the Respondent Bank has submitted that in the judgment it was mentioned that the outstanding amount as on the date of judgment was to be paid by the Complainant and the Bank claimed Rs.13,09,262/- as on the date of filing execution application.  It is submitted that the Bank complied with the order of the Learned District Forum, but the Complainant did not file any written objection against the execution application.  It is submitted that the Complainant/Jdr did not pay any amount towards the outstanding dues and the Learned District Forum was justified in passing the impugned order. 

            We have heard the submission made by both sides and perused the papers on record.  As per the judgment the Complainant is to pay the outstanding as on the date of the judgment, that is, 16/05/13 and the OP Bank was directed to supply the copy of statement of account to the Complainant.  It has been stated in the execution petition that the OP Bank by letter dated 26/06/13 called upon the Complainant to collect the demand draft of Rs.7,000/- towards compensation and litigation cost, but the Complainant did neither turn up to collect the demand draft nor could pay the outstanding which stood at Rs.13,09,262/- as on 06/06/13. 

            Evidently, no Appeal was preferred u/s 15 of the C. P. Act, 1986 by either side against the judgment and order of the Learned District Forum in CC 318 of 2010.  The said order, therefore, attained finality and both parties are bound to comply with the direction passed in the judgment of the Learned District Forum.  In the impugned order there is no mention as to what was the claim of the Bank as on the date of passing the judgment in the complaint case and whether the Bank paid the compensation and cost to the Complainant.  The impugned order is not speaking one and the matter is sent back to the Learned District Forum to pass a reasoned order in the matter. 

            The Appeal is allowed.  We set aside the impugned order dated 15/05/14.  The Learned District Forum after hearing both sides will pass a reasoned order in the matter.  Both parties are directed to appear before the Learned District Forum on 23/04/15.