S. Majumder, Member.

This Revision Petition has been directed against the order dated 17.04.2008 and 14.08.2008 passed by the Executing Court, 24-Parganas, (South), wherein the said Court has ordered on 17.04.2008 to comply with the direction contained in the decree failing which the legal consequences would be followed and on 14.08.2008 as the Jdrs were absent on calls the Executing Forum was pleased to issue warrant of arrest against the Jdrs.

The main case of the Complainant before the Forum below were that he took Fire Insurance Policy against his manufacturing unit from the OPs with an assured sum of Rs.1,80,000/- for a period from 17.09.2004 to 16.09.2005. On 05.08.2005 fire broke out in the said unit within the valid policy period. Upon intimation Fire Brigade attended the fire and with their active participation fire came under control. Thereafter the Complainant lodged a diary with the local police station on the same day and the Fire Brigade Services issued a certificate in this regard. The Complainant also informed the OPs and one surveyor was appointed by the OPs to assess the loss due to fire. But since then the OPs did not bother to settle his claim in spite of his repeated requests. Finding no other alternative the Complainant filed the complaint before the Forum below.

Upon hearing from the both parties the Ld. Forum on 20.02.2007 below directed the OPs to decide the claim of the Complainant within a period of two months from the date of the judgment and communicate the decision to the Complainant in writing showing reasons thereof in case of non-acceptance of the claim. The Complainant was directed to submit the document as asked for by the Surveyor within 30 days from the date of the judgment. The OPs were directed to hear the Complainant if necessary, before deciding his claim.

Being dissatisfied by the said order the Jdr being the Revision Petitioner has preferred this Revision Petition contending that the order passed by the Executing Court is illegal, unjust and liable to be set aside.

On perusal of the record it is evident that the OPs have not preferred any appeal against the principal order passed by the District Forum below, therefore as the said order remains in force the Executing Court cannot go beyond the Forum’s order. During hearing the Ld. Counsel for the JDR has attracted our notice towards some documents i.e. the paper of the Apex Surveyor Private Limited dated 20.04.2007, the report of Sri. Dilip Kumar Saha, Surveyor and Loss Assessor, dated 25.05.2007, but after going through the said papers we have failed to find out that the Revision Petitioner-Jdrs have decided his claim. We have noticed that the Jdr has neither repudiated nor settle the claim of the Dhr. As the Jdr has failed to comply with the judgment passed by the District Forum and was absent on calls on 14.08.2008, there is no infirmity and irregularity in the orders passed by the Executing Forum on the above-mentioned dates.

Going by the foregoing discussion we are of the opinion that the Revision Petition be dismissed on contest without any cost and the orders passed by the Executing Forum be affirmed. The office is directed to send down the copy of this order to the Executing Forum and issue the same upon the recorded Advocates of the both parties free of cost forthwith. With the above observation the Revision Petition be disposed of accordingly.