West Bengal

Murshidabad

EA/15/2017

Adtya Kumar Saha - Complainant(s)

Versus

Station Master, Berhampore Court Railway Station, Another - Opp.Party(s)

26 Jun 2024

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Execution Application No. EA/15/2017
( Date of Filing : 29 Jun 2017 )
In
Complaint Case No. CC/117/2015
 
1. Adtya Kumar Saha
S/O- Late Sudhir Kumar Saha, Vill- Jahadannanpur (W), PO- Bethuadahari, PS- Nakashipara, Pin- 741126
Murshidabad
West Bengal
...........Appellant(s)
Versus
1. Station Master, Berhampore Court Railway Station, Another
PO- Berhampore, PS- Berhampore Town, Pin- 742101
Murshidabad
West Bengal
2. Officer-in-Charge, R.P.F. Berhampore Court Railway Station
PO & PS- Berhampore,Pin- 742101
Murshidabad
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 26 Jun 2024
Final Order / Judgement

DISTRICT CONUSMER DISPUTES REDRESSAL COMMISSION,

MURSHIDABAD AT BERHAMPORE.

EA/15/2017

Audytta Kumar Saha V/s Station Master, Berhampore Court Rly. Station & another

 

Order No.31 dated 26.06.2024

                The record is put up today on the strength of the petition filed by the Dhr.

The facts of the Execution Case Being No. 15/2017 is that District commission disposed of the case being No. CC/117/2015 after passing the following order…

“Hence, it is ordered that the complaint case being No. 117/2015 be and same is allowed on contest against the Opposite Party No. 1 & 2 with a litigation cost of Rs. 4,000/-.

The Opposite Party No. 1 & 2 are directed jointly and/or severally to pay a sum of Rs. 58,480/- to the Complainant including interest @8% since 27.09.2014 till the payment within 45 days from the date of final order….”

Against the said impugned order O.P. filed an appeal before the State Consumer Commission being No. First Appeal No. A/585/2017. The State Consumer Commission, Kolkata disposed of the appeal after passing the following order…

“that the Appeal be and the same is allowed in part with cost of Rs. 4,000/- payable to the Respondent/Complainant by the Appellants/OPs jointly and/or severally. The Appellants/OPs are further direct to pay jointly and/or severally Rs.58,480/- being the cost of the luggages along with simple interest @8% p.a. from 27.09.2014 till the date of the instant order within 45 days hence. Failing which, a further simple interest @8% p.a. shall accrue to the cost of the luggage with interest accrued on it at the date, as ordered, from the date of default till the amount is fully realized.

The impugned judgment and order stands modified accordingly.”

Thereafter the respondent filed revisional application before the National Commission being No. 1025/2019.The Hon’ble National Commission passed the following order dated 31st October, 2019 in connection with the revisional application No. 1025/2019, “in the meanwhile, execution of the impugned order is stayed subject to the petitioner depositing the entire awarded amount along with updated interest, if any with the District Forum concerned within four weeks. The amount, if deposited shall be kept in fixed deposit initially for a period of one year renewable thereafter.

In case, petitioners fail to comply with above directions within the prescribed period, then the ex-parte stay granted today shall stand vacated, automatically without any further order. I.A. No. 8122 of 2019 is disposed of.”

On 02.01.2024, we had received the order of the Hon’ble National Commission passed in connection with the revisional petition No. 1025/2019. The Hon’ble National Commission had been pleased to dismiss the said revisional application. The copy of the order passed by the Hon’ble National Commission was kept with the record.  

Now, the Dhr files a petition praying for payment of the sum of Rs.99439/- (Rs.90128 deposited amount along with interest till date).

            Heard. Considered. Prayer is allowed.

 

            The Registrar is directed to issue cheque of Rs.99439/- in favour of the Dhr and to make payment to the Dhr on proper verification and proper identification.

                       

 

MEMBER                                                                             PRESIDENT

 

 

 

 

 

 

DISTRICT CONUSMER DISPUTES REDRESSAL COMMISSION,

MURSHIDABAD AT BERHAMPORE.

EA/15/2017

Audytta Kumar Saha V/s Station Master, Berhampore Court Rly. Station & another

 

Later

26.06.2024

                The Dhr has received the cheque of Rs.99439/- with full and final satisfaction.

Hence the case is disposed of.

 

 

MEMBER                                                                             PRESIDENT

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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