(Delivered on 2/8/2017)

Per Mr. B.A. Shaikh, Hon’ble Presiding Member

1. Advocate Mr. Abhyankar is present for complainant/applicant. He submitted that notices have been duly served to all the opposite party ( for short OP)  Nos. 1 to 3 and despite service of notice they have not appeared before this Commission. He filed today a pursis along with one of the issue of the newspaper namely ‘Dainik Bhaskar’ in which the notice issued against the OP No. 1 has been duly served. It is also seen that notice issued to OP Nos. 2 and 3 have been also duly served. The learned advocate of the complainant submitted that the OP Nos. 1 to 3 have not complied with the order passed by this Commission and they are trying to sell their immovable property so as to defeat the recovery of the execution proceeding initiated against them.  He therefore requested that recovery warrant may be issued under Section 25(3) of Consumer Protection Act, 1986 against the OP Nos. 1 to 3 as sought for.
2. After perusal of the record and proceedings of this  execution application, it is found that the complaint bearing No. 11/20 filed by the complainant has been  allowed on 11/2/2015 and direction has been given to OP Nos. 1 to 3 to refund  jointly and severely an amount of Rs. 28,73,343/- to the complainant within 30 days from the date of that order and in case of default, the amount would be payable with interest at the rate of 9 percent per annum and also to pay them Rs. 80,000/- as compensation   for wrongful loss and agony  and Rs. 1,000/- as cost of the proceedings.
3. It is seen that from the record that the said order is not complied with by the OP Nos. 1 to 3. They have also not appeared despite service of notice. Therefore we are satisfied that the recovery certificate  under Section 25 (3) of the Consumer Protection Act, 1986 needs to be issued against the OP Nos. 1 to 3. Accordingly the application is granted . Issue recovery certificate under Section 25 (3) of the Consumer Protection Act, 1986  to the District Collector of Nagpur for recovery of Rs. 3205462/- with further interest at the rate of 9 percent  per annum till full recovery of the said amount from the OP Nos. 1 to 3.