ORDER NO. 8 DT. 7.4.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Revisionist is present through Mr. P.Banerjee, Ld. Advocate.  OP is present through Ms. Baby Basu, Ld. Advocate.  Heard both sides at length.  Judgement is delivered as under :-

This Revisional Application is directed against the order dt. 29.3.10 passed in Execution Case No. 2 of 1996 by the Executing Court of South 24 Parganas Consumer Disputes Redressal Forum.  It is not in dispute that the complaint case was disposed of with a direction upon the JDRs/Ops to pay to the complainant an amount as indicated in the order no. 65 dt. 8.12.2000 passed in the above Execution Case.  The said amount had not been paid by the JDrs to the DHr after the said order was passed.  However, at a later stage, the JDrs offered to make payment in part of the said amount which the DHr refused to accept.  It further appears from the records of this case that by an order dt. 9.4.01 passed by the Executing Forum the said Execution Case was dismissed.  However, it is not in dispute that the said order of dismissal of the Execution Case was thereafter set aside by the Appellate Forum and the Execution Case was consequently revived.  In the meantime, both the JDrs have paid different amounts to the DHr.  The DHr, however, contends that such payment has not been made in full and final satisfaction of the award by the aforesaid Order No. 65 dt. 8.12.2000 passed in the Execution Case.  It would be much more upon computation of interest thereon than the amount that has been paid by the JDrs to the DHr as above.  Be that as it may, since the above Execution Case was dismissed by an order dt. 9.4.01 and thereafter restored by order of  the Appellate Forum upon setting aside the said order of dismissal, we are of the view that the DHr would not be entitled to any interest on the awarded amount for the period from 9.4.01 till such restoration of the Execution Case by order of the Appellate Forum. 

This Revisional Application is accordingly disposed of by directing the Executing Forum to determine the interest on the awarded amount as indicated in the aforesaid order no. 65 dt. 8.12.2000 from the date of restoration of the Execution Case pursuant to the order of the Appellate Forum till payment as above made by the JDrs to the DHr/Complainant.  The Executing Forum upon such determination would proceed with the Execution Case for recovery of the same from the JDrs for satisfaction of the award as passed in this complaint case.  With this observation this Revisional Application shall stand disposed of.