Sri Utpal Kumar Bhattacharya, Member

               Instant Appeal u/s 27A of the C.P Act, 1986 has been filed challenging the judgment and order dated 30.08.2013 disposing the Execution Case bearing No.CDF/ii/Ex/159/2010 arising out of the judgment and order dated 09.03.2010 passed by the Ld. District Forum in CDF Case No. 1175 of 2008 allowing the complaint with the direction upon the Opposite Parties to supply the generator set to the Complainant within a fortnight from the date of receipt of the balance amount of Rs.10,000/-, failing which, as ordered, the entire amount of Rs. 1,20,000/- shall have to be refunded within a period of one month, in default, the amount, as further ordered, will carry an interest @ 12% p.a. from the date of filing the complaint till full realization.

            The OP was also directed to pay a compensation of Rs.50,000/- to the Complainant as compensation for causing harassment, mental agony and loss of business for dragging the Complainant to Forum.

             It appeared that the aforesaid order was affirmed by this Commission. It further appeared that the Revision Petition preferred before the Hon’ble National Commission against the Appellate order passed by this Commission in SC Case No. FA/248/2011 was dismissed by the Hon’ble National Commission for non-prosecution. The impugned order of the Ld. District Forum has, therefore, reached finality.

                Heard the Appeal ex-parte against the Respondent/JDr. The Ld. Advocate appearing on behalf of the Appellant/DHr. argued in favour of her client alleging the Ld. District Forum of not applying mind while passing the impugned judgment and order. The Appellant/DHr. as continued, has been put to deprivation of an entitled amount of interest to the tune of Rs.64,600/- accrued on the principal amount in terms of the order awarded by the Ld. District Forum in the impugned judgment and order.

                We have perused the papers on record, consulted the LCR and considered submission of the Ld. Advocate appearing on behalf of the Appellant/DHr. It appears on perusal of record, the crux of the issue centers around the sole point as to whether the Decree Holder is entitled to the interest during pendency of the Appeal before the Appellate Fora.

                We are of the opinion that the Appellant/DHr. should get interest at the rate specified in the impugned order during pendency of the Appeals since the Appeals have been dismissed, for whatever may be the reason, by both the Appellate Fora.

            In view of the above observation, the Bench considers the case to be a fit one to be remanded to the Ld. District Forum for revisiting its order for disposal of the execution case No.CDF/ii/Ex—159/2010.

                 Hence,

                                                                        Ordered

            that the Appeal be and the same stands allowed in part. The case be remanded with the direction upon the Ld. District Forum to hear the case afresh in view of the prayer in the instant Appeal by the Appellant/DHr allowing both the parties a hearing and to dispose of the Execution Case on merit.

            The impugned judgment and order stands set aside. No order as to costs.

            The parties are directed to appear before the Ld. District Forum on 16.11.2018. The LCR be returned immediately.