Delhi

New Delhi

EA/62/2016

Muzammil Siddiqui - Complainant(s)

Versus

Oriental Bank Of Commerce - Opp.Party(s)

16 Jan 2019

ORDER

 

 

 

                               CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.Ex. 62/2016                                                                 Dated:

In the matter of:

Muzammil Siddiqui                                                                                             

                                                                                           ……… Decree Holder

 

VERSUS

 

Ghaziabad Development Authority & Ors.                                

          .....Judgement Debtor

 

                 NIPUR CHANDNA, MEMBER

 

O R D E R

 

By way of this order, we are disposing off the application filed on behalf of DH enhancement of the interest, compensation and cost of litigation. Heard on application.

 

It is stated by DH that in the present execution petition, OP-1 has complied the order dated 09/09/2009 passed by this Forum by paying a sum of Rs. 87,020/- by way of DD dated 05/04/2017, approx. after 8 years of the award passed by this Forum, hence she is entitled for enhancement of the interest, compensation and cost of litigation on an awarded amount.

On the issue of recalling, modifying, alteration of orders passed by the District Forums, we are guided by the Hon’ble Supreme Court in Civil Appeal NO.4307 of 2007 titled as Rajeev Hitendra Pathak & Others Vs. Achyut Kashinath Karekar & Another with Civil Appeal No.8155 of 2001 M.O.H. Leathers Vs. United Commercial Bank in which it was held that:-

“on careful analysis of the provisions of the Act, it is abundantly clear that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute.  The District Forums and the State Commissions have not been given any power to set aside ex-parte orders and power of review and the powers which have not been expressly given by the Statute cannot be exercised”.

In the present application, DH has prayed for enhancement of the interest, compensation and cost of litigation. Since this Forum has no power to review its own order as per the judgement of Hon’ble Supreme Court (Supra), the application filed by the DH is dismissed. In its application DH herself has admitted that she received the awarded amount by way of DD dated 05/04/2017, hence in our view the present execution petition was satisfied by the JD-1 longback in the year 2017.

In view of the above discussion, the present execution petition is disposed of as satisfied. File be consigned to Record Room.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post.

 

 

                                           (ARUN KUMAR ARYA)

                                                               PRESIDENT

 

                   (NIPUR CHANDNA)                                                                     (H M VYAS)

              MEMBER                                                                                  MEMBER