HON’BLE MR. TARAPADA GANGOPADHYAY,MEMBER
This Appeal U/s 27A of the C.P.Act 1986 is directed by the Decree Holder against the Order dated 2.9.2017 passed by the Ld. District Forum , Kolkata Unit –I, in connection with Execution Case No. EA/79/2013 with prayer for “Rejecting order dated 2.9.2017 of CDF vis-à-vis an interim order for full compliance of Order dated 13.9.2014 by payment of Rs.7.55 Lakhs”.
Brief facts of the case, as emerging from materials on record, are that the order dated 17.9.2013 of the Ld. District Forum concerned in C.C.Case No. 219 of 2012 was affirmed in Appeal No. FA/240/2014 by order dated 30.3.2017 of this State Commission. After the said affirming order of the State Commission Execution case as referred to hereinbefore was filed by the Decree Holder. After filing the Execution case the Ld. District Forum concerned, allegedly without issuing any warrant of arrest , is allowing repeated adjournments to the Judgement Debtors for compliance of the order dated 17.9.2013 of Ld. District Forum in Complaint Case No. 219 of 2012, which reached finality. With the aforesaid facts the Decree Holder has filed the instant Appeal.
The Decree Holder/Appellant, appearing in person, submits that the Ld. District Forum concerned is allowing adjournments to the JDR one after another for compliance of the order dated 17.9.2013 instead of issuing warrant of arrest for non-compliance of the final Order concerned, which clearly implies that the ld. District Forum is allowing “Undue accommodation to the JDR”.
The Decree Holder/Appellant concludes that upon allowing the instant appeal for the failure of the District Forum concerned to enforce the Execution of the final order dated 17.9.2013 of the Ld. District Forum, Ld. District forum should be directed to execute the said final order without any further delay and pass order for payment of Rs.7.55 Lakhs (Rupees seven lakhs fifty five thousand) by JDR to the Decree Holder as due to the Decree Holder.
On the other hand, Ld. Advocate for the Judgement Debtor/Respondent submits, without mentioning the amount due to the Decree Holder and filing Money Receipts, that payment due to the Decree Holder has been made in full and hence the instant Appeal deserves dismissal.
Heard both the sides, considered their respective submissions and perused the materials on record on record.
Materials on record do not reveal that Appeal order dated 30.3.2017 in FA/240/2014 of this State Commission against the Order dated 17.9.2013 of the Ld. District Forum in Complaint Case No. 219 of 2012, affirming the said order of the Ld. District Forum, has been challenged before any higher Forum, which indicates that order dated 17.9.2013 of the ld. District Forum concerned has reached finality.
Regulation 11(1) of the Consumer Protection Regulations 2005 provides “every proceeding before a Consumer Fora shall be conducted as expeditiously as possible” and the use of the word “shall” in the said Regulation clearly indicates that it is mandatory for the Ld. District Forum to dispose of the pending Execution case as referred to the above as expeditiously as possible. Allowing adjournments to the Judgement Debtor one after another for compliance of the Order dated 17.9.2013 of the Ld. District Forum which reached finality, goes against the said Provision of Regulation.
Consequently, the Instant Appeal is allowed in part, the impugned order dated 2.9.2017 is set aside and the Ld. District Forum concerned is directed to execute the order dated 17.9.2013 of the Ld. District Forum at the earliest without any further adjournment of the Execution Case concerned.
Ld. District Forum is also directed to ascertain the total amount of dues payable to the Appellant /DHR for non- compliance of the Order within the date of compliance as mentioned therein.
The instant Appeal is thus disposed of in the aforesaid manner.
Fix 9.8.2018 for appearance of both the sides before the ld. D.C.D.R.F. concerned.
