Challenge in this Appeal under Section 27A of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is to the Order No. 31 dated 20.08.2018 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur (for short, Ld. District Forum) in Execution Application No. 27/2015 arising out of CC/327/2014.  

          I have scrutinised the materials on record and considered the submission advanced by the Ld. Advocates appearing for the parties. 

          Having heard the Ld. Advocates appearing for the parties and on going through the materials on record it would reveal that the Respondent herein being Complainant initiated a consumer complaint under Section 12 of the Act being CC/327/2014 against the Appellant/developer before the Ld. District Forum on the allegation for deficiency in services on the part of developer for not providing the shop room measuring about 70 sq. ft. as per terms of the Agreement.  By a judgement/final order the Ld. District Forum allowed the complaint with the direction upon OP/appellant to refund a sum of Rs.10,00,000/-, compensation of Rs.1,00,000/- and litigation cost of Rs.5,000/- aggregating Rs.11,05,000/- within one month from the date of order failing which the entire amount shall carry interest @ 10% p.a. till the date of realisation. 

          To assail the said order, the Opposite Party preferred an appeal in this Commission being FA/1306/2015 and the said appeal was disposed of by an order dated 17.01.2018.

          In the meanwhile for non-execution of the order, the Complainant initiated the instant execution proceeding.  Due to non-execution of the order, an order of W.A. was issued against the Judgement Debtor/Appellant.  Admittedly, on payment of Rs.3,00,000/- with an assurance to pay the balance amount, the judgement debtor/appellant was released on bail.  Subsequently, the J.Dr/appellant was taken into custody in this case as he was already in jail custody in connection with EA/88/2015.

          Thereafter, being emboldened with the order dated 17.01.2018 passed in Appeal, the J.Dr./appellant filed an application in order to release him on bail on the plea that in accordance with the observation of this Commission in appeal, the J.Dr,. was liable to pay of a sum of Rs.2,00,000/- and as he has already deposited Rs.3,00,000/-, he should be released.  The Ld. District Forum by the impugned order rejected the application with the observation that the bail petition is without any merit. 

      The Ld. District Forum while passing the impugned order has observed about misconduct of Mr. Ashok Kr. Singh, Ld. Advocate and referred the matter to the Bar Council of West Bengal.  Since Bar Council of West Bengal is the appropriate authority to decide the subject, I restrain myself from making any comment.

      Coming to merits of the case, it would reveal that the Decree Holder/Complainant filed an application being MA/122/2018 arising out of A/1306/2015 in this Commission and by an order dated 09.10.2018, this Commission modified the judgement passed in appeal and held that out of total consideration of Rs.10,00,000/-, the judgement debtor has paid only Rs.3,00,000/-.  Therefore, it is palpably clear that the J.Dr./appellant is still liable to pay Rs.8,05,000/- along with interest accrued thereon as per order passed by the Ld. District Forum.  It is well settled that an executing Court cannot go beyond its order.

      Needless to mention here that a Court of law should not only pass an order but to see its order is being obeyed, executed and carried out in its letter and spirit.  Evidently, an amount of Rs.8,05,000/- along with accrued interest thereon is still due and payable by the appellant/judgement debtor.  Therefore, the order of rejection of bail should not be interfered with.

      For the reasons aforesaid, the appeal being devoid of merit is dismissed on contest.  However, there will be no order as to costs.

       The impugned order is hereby affirmed.

          The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Baruipur for information.