The case is put up today for passing necessary order on the Execution Petition filed by the DHr who was complainant in C.C. No.54 of 2010. The present JDr was the opp.party in the aforesaid complaint case. After hearing both the parties in C.C No.54 of 2010 the then Learned President of District Forum, Angul passed final order on 04.01.2011. The case filed by the complainant was allowed on contest and the opp.party was directed to pay Rs.5,47,770.00 along with compensation of Rs.20,000.00.The JDr-opp.party preferred First Appeal bearing No. 67 of 2011 before the Hon’ble State Commission, Odisha which has been disposed by order dtd.21.01.2013. The Appeal was allowed with modification. In the aforesaid order the Hon’ble State Commission directed the appellant to pay an amount of Rs.4,50,000.00 in addition to cost of Rs.20,000.00 instead of Rs.5,27,770.00 and cost Rs.20,000.00 within two month from the receipt of the order. The JDr-opp.party preferred a Revision against the order passed by the Hon’ble State Commission which was numbered as Revision Petition No.1782/2013 by the Hon’ble National Commission and disposed of by order dtd.14.07.2022. The revision preferred by the JDr/opp.party /Appellant was dismissed. The extract of order passed by the Hon’ble National Commission runs as follows:-
The present revision being totally bereft of worth must fail. It stands dismissed.
The amount if any deposited by the insurance co with the District Commission in compliance of this Commission's Order dated 22.07.2014 along with interest if any accrued thereon shall be forthwith released by the District Commission to the complainant by way of 'payee's account only' demand draft as per the due procedure. The balance awarded amount shall be made good by the insurance co. within six weeks from today, failing which the District Commission shall undertake execution, for 'enforcement and for penalty, as per the law.
The aforesaid order was passed in presence of the Learned Counsel for the JDr. Order was also passed to upload on the website of the Hon’ble NCDRC immediately. The petitioner of the complaint case Sri Prabodha Kumar Swain also communicated the aforesaid order to the company of the JDr immediately. Although the JDr has received the said order, he failed to pay the amount to the petitioner as directed within the stipulated period. However, the insurance company deposited an amount of Rs.2,35,000.00 on 01.09.2022 through NEFT in the bank account of the petitioner without interest component. The payment was made beyond six weeks from 14.07.2022 i.e after 50 days, for which the company of the JDr-opp.party is liable to pay interest component as directed by the Hon’ble National Commission. As the order passed by the Hon’ble National Commission is not respected by the JDr- opp.party , the petitioner seeks further damage /penalty as provided under the Act. The DHr-petitioner has prayed to direct the JDr- opp.party to pay the award amount with upto date interest @ 15% per annum from the date of order passed by the Hon’ble State Commission till realisation along with Rs.20,000.00 towards cost of damages/penalty as stipulated U/s. 71 of the Act.
2. Notice was issued to the JDr-opp.party and in pursuance of such notice the JDr- opp.party filed show cause/ counter in the execution petition filed by the DHr- petitioner.
3. The case of the JDr-opp.party is that the petitioner has communicated the order passed by the Hon’ble NDRC on 21.07.2022. Six weeks period would have been completed on 01.09.2022, as 26.08.22 and 28.08.2022 were holidays being 4th Saturday and Sunday. Thereafter there were holidays for Ganesh Puja and Nuakhai as per N.I.Act. The total holidays were four days. The opp.party is a Govt. of India Public sector company. The Divisional office is the operative branch but as the file was at NLV Legal Cell New Delhi , the office which look after the appeal matter. After receiving the approval order from NLV, New Delhi on 24.08.2022, the operative branch started processing the file on 25.08.2022 for payment within 6 weeks. The DHr-petitioner received an amount of Rs.2,35,000.00 on 01.09.2022 through NEFT. The Hon’ble NCDRC directed for payment of the balance awarded amount within 6 weeks from the date of order. Accordingly the JDr-opp.party made necessary arrangement for payment of the balance amount on 22.08.2022. Due to bank holidays the DHr-petitioner’s account was credited on 01.09.2022. There was no delay at all in payment by the JDr-opp.aprty. The payment was within the time fixed by Hon’ble NCDRC. If at all there was any delay as alleged by the complainant, then the delay was unintentional and also due to unavoidable circumstances. The JDr-opp.party has complied the order, for which the execution petition is not maintainable.
4. Argument was heard from the Learned Counsels of both the parties on 13.07.2023 and the case has been posted today for order.
5. During argument the Learned Counsel for the DHr- petitioner submitted that the JDr- opp.party is to pay interest @15 per annum on the award amount passed by the Hon’ble State Commission, Odisha in C.C. No.54 of 2010 vide order dtd.04.01.2011 till the full award amount is paid. On the other hand the Learned Counsel who appeared on behalf of the JDr- opp.party has argued that the appeal is a continuous process of the suit and the order passed by the Honb’le State Commission has merged with the order passed by the Hon’ble NCDRC in Revision Petition No. 1782/ 2013 . He further argued that the effective date of judgement is when the appeal has been disposed of by the appellant authority As the JDr- opp.party has complied the order passed by the Hon’ble NCDRC , the order passed by the Hon’ble State Commission, Odisha is not effective one.
6. Perused the complaint petition filed in C.C. No. 54 of 2010 and the show cause filed by the opp.party. We have also perused the order passed by the Hon’ble District Forum, Hon’ble Sate Commission, Odisha, Hon’ble NCDRC.
7. Admittedly a complaint filed U/s. 12 of C.p.Act,1986 is not a suit. It is also clear that the JDR- opp.party has approached the Hon’ble NCDRC not in appeal as provided U/s. 19 of C.P.Act,1986 .On the other hand he has approached U/s. 21(b) of C.P.Act, 1986 for which the Hon’ble NCDRC called for the record and passed appropriate order in consumer dispute which has been decided by the Hon’ble State Commission Odisha. So the order passed by the Hon’ble NCDRC is not an order in appeal but an order on the Revision Petition filed by the JDr- opp.party. Section -24 of the C.P .Act, 1986 provides as follows :-
“Every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final”.
So from the materials on record it is clear that the order passed by the Hon’ble State Commission in F.A No. 67 of 2011 is final. The JDr-opp.party has not preferred any appeal against the order passed by the Hon’ble Sate Commission, Odisha. So the JDr- opp.party is bound to comply the order passed by the Hon’ble Sate Commission passed in C.C No.54 of 2010 dtd.21.01.2013 and 31.01.2013. By the aforesaid order, the JDr- opp.party has been directed to pay a lump sum amount of Rs.4,50,000.00 to the DHr-petitioner towards repairing cost of the vehicle besides Rs.20,000.00 towards compensation as ordered by the Learned District Forum within 2 months of receipt of the order, failing which the said amount would carry interest @ 15% per annum till payment. The JDr-opp.party has not complied the aforesaid order of the Hon’ble State Commission ,Odisha within the time given to him. He has also not paid the award amount Suomotu till the disposal of the Revision Petition by the Hon’ble NCDRC.
8. Hence order :-
The JDr-opp.party is directed to pay the balance amount after calculating the award amount Rs.4,70,000.00 (Rupees Four Lakh Seventy Thousand) only along with interest @15% per annum from the date of order passed by the Hon’ble State Commission, Odisha in F.A No. 67 of 2011 till actual payment is made.
