DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M. A. NO- 409/2018

E.A. No- 352/2015

Date of Filing:                                                                                                Date of Disposal:

 20.12.2018                                                                                                       21.12.2018

Dhr :-                                       Biswanath Mukhopadhyay

S/o Chandra Nath Mukhopadhyay

132A Central Road Anandapuri,      

Barrackpore, North 24 Parganas,

Kol. 700122

=Vs=

Jdr :-                                        Naihati Motors

(Hero Dealer)

having its place of

business at-

Naihati, North 24 Pgs.

PRESENT       :-         Sri. Bankim Chandra Chattopadhyay………..…..President.

:-         Smt. SilpiMajumder  ……………………………………Member.

:-         Smt. Monisha Shaw …………………………………….Member.

Order No- 15

This order is arising out of the MA being no- 409/2018 in the Execution Application no- 352/2015 filed by the Jdr praying for exemption from making payment of Rs. 10,000/- punitive charges to the SCWF by the Jdr as directed by the Ld. Forum in the judgment dated 19.06.2015 in the C.C. no- 695/2014.

It is stated by the Jdr in the application that the Dhr-Complainant filed the Consumer Complaint no- 695/2014 alleging deficiency in service against the Jdr-OP and the Ld. Forum upon hearing was pleased to pass the judgment on 19.06.2015 whereby the complaint was allowed ex pate against the OP-Jdr and the OP-Jdr was directed to refund a sum of Rs.710/- to the Complainant-Dhr along with cost of Rs. 2,000/- and compensation of
Rs. 1,000/- within one month from the date of the judgment in default the OP-Jdr was also directed to pay Rs.10,000/- as punitive charges within one month from the date of the judgment to the SCWF. After expiry of the stipulated period the Dhr has filed the instant Execution Application for compliance of the order execution. The Jdr has already complied with the decreetal portion of the Judgment apart from making payment of Rs. 10,000/- to the SCWF.  According to the Jdr the direction for making payment of Rs.10,000/- as punitive charges became very much hardship to this Jdr and the Jdr is not in a position to pay the same. For this reason the Jdr by filing this application has prayed for exemption from making payment of the punitive damage.

Cont………………………2

:2:

According to the Jdr unless and until this application is allowed the he will suffer irreparable loss and injury and prayer is made for allowing the application.

We have carefully perused the content of the application. The Ld. Counsel for the Jdr has also advanced argument on this application. In our view though the Jdr has prayed for exemption from making payment of the punitive charges by him as directed by the Ld. Forum in the judgment passed in the C.C. no- 695/2014, but in our view the settled law is that the Executing Forum/Court cannot go beyond the decree. It is the only duty of the Executing Forum/Court to execute the decree/order passed by the Forum/Court. Therefore having no power for exemption to the Jdr from making payment of the punitive damage by him, the application filed by the Jdr has no merit at all and it should be dismissed.

Going by the foregoing discussion hence it is ordered that the MA being no- 409/2018 is hereby dismissed without any cost.

Fix 04.04.2019 for compliance of the remaining portion of the judgment dated 19.06.2015 by the Jdr positively.

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

Member                                                          Member                                              President

Dictated & Corrected by