Order No.9 dtd.19.12.2023

                    Complainant has filed the Execution Application seeking implementation of order dt. 14.03.2023 passed in C.C.Case No. 7/2022, wherein this Commission directed as under-

        “Taking into consideration of facts & laws discussed above it is directed the Ops shall have to pay Rs. 1,21,475.57/- with @11.54% to the Complainant till date of payment with Rs. 25,000/- for mental agony and Rs. 2000/- as litigation cost within a period of one month from receipt  of this order failing which the Ops are liable to pay @18% interest till date of payment and also  liable for legal consequences for enforcement of this Commission’s order. Ops shall provide NOC or deducting hypothecation in the vehicle RC Book forthwith”.

       Complainant has filed the Execution Application seeking execution of the order of C.C. Case basing on the observation made in Para-4 of the order. Heard the Counsel for Op Mr. P.K.Ray who submitted that the amount has been paid on basis of order passed by this Commission and there is no modification or review petition filed to charge the amount mentioned in the operative part of the order.

          The operative part of the order is based on the findings of the preceding paragraph of the order. When the question of execution comes and the dispute arises regarding observation and operative part of the order, naturally the operative part of the order shall prevail. As such we found that Op has carried out the order as per operative part of the order. Hence, we do not find any merit in the present proceeding and accordingly the E.A Case No.25/203 is hereby dropped.