1) The Executant has filed this execution application under section 27 of the Consumer Protection Act, 1986 for the execution of the order of this Forum in CC/04/2 dated 12th July, 2006. Under this order, this Forum has directed the Respondents/Original O.P.No.1&2 to pay Rs.1,04,040/- to the complainant with interest at the rate of 12% per annum from the date of complaint till its realization. The Respondents were also directed to pay compensation amount of Rs.15,000/- and cost of Rs.1,500/- to the complainant. Appeal was preferred against this order vide First Appeal No.1610/2006. But, the same was dismissed and the order of this Forum was confirmed. As per execution application, the Respondents/Original Opponents paid Rs.1,04,040/- to the complainant vide cheque dated 5th July, 2010. As per execution application, the Respondents have not paid the interest as per the direction of this Forum and compensation and cost amount. Therefore, the Executant has filed this execution application.
2) The application is opposed by the Respondents. According to the Respondents, in execution application the Executant has claimed interest on interest which is inconsistent to the order of this Forum. According to the Respondents, the Executant can not claim interest on interest. He can claim interest till the payment of decreetal amount. The decreetal amount was paid on 5th July, 2010. In execution application, the Executant has claimed interest on interest which is inconsistent to the order of this Forum. The Executant can claim interest on decreetal amount only. He can not claim interest on interest. Therefore, the relief claimed by the Executant can not be granted.
3) Heard the learned advocate for both the parties.
4) On calculation, the amount comes to Rs.1,05,000/- till today. The Respondents have already deposit Rs.1,05,000/- with this Forum on 17th June, 2014.
5) In last para of the written notes of argument dated 2nd June, 2014, the learned advocate for the Executant has prayed to convict the Respondents for maximum imprisonment of three years under section 27 of the Consumer Protection Act, 1986. The learned advocate has reproduced the provisions of Section 27 and 25 of the Consumer Protection Act, 1986 in the written notes of argument. The Respondents have already deposited the amount in this Forum therefore there is no need to argue the provisions under section 25 and 27 of the Consumer Protection Act, 1986. Those provisions will arise only on failure to pay the amount. It appears that the Executant is interested only in sending the Respondents in jail and not in payment as per the order of this Forum. The argument of the learned advocate is contrary to the legal provisions therefore it can not be accepted.
6) The Respondents have already deposited the amount as per the order of this Forum. The Executant may withdraw it. Hence, the proceeding is closed as fully satisfied. Inform the parties accordingly.
Pronounced Dated 8th July, 2014
