Order No. 5  dt.  09/01/2019

            Dhr. / complainant filed the execution case being no. 208/2006. The o.ps. preferred an Appeal before Hon’ble State Commission and Hon’ble State Commission passed an order reducing the amount passed by this Forum and the order was passed for payment of Rs.13 lakhs by Jdr. along with interest @ 9% till realization by Hon’ble State Commission. Against the said order o.ps. preferred a revisional application being R.P. No. 1779 of 2018. Dhr. also preferred a revisional application for enhancement of the compensation. Both the revisions were heard by Hon’ble National Commission and ultimately judgement was passed on 02/08/2018 with the observation that the compensation awarded by Hon’ble State Commission to the tune of Rs.13 lakhs having no illegality and infirmity and the revision application filed by o.p. was dismissed. But the revision petition of the petitioner was allowed in part by awarding compensation of Rs.2 lakhs more along with cost of Rs.25,000/- in respect of R.P. No.2479 of 2013. On the basis of the said order ld. lawyer for decree holder prayed for the  balance amount towards the interest which was not paid by o.ps. In view of such fact Dhr. prayed for direction upon the o.ps. for payment of balance amount including the interest @ 9% on the basis of the order passed by Hon’ble State Commission.

Ld. lawyer for o.ps. vehemently opposed the said submission stating inter alia that after the order passed in revision petition filed by both the parties the order passed by Hon’ble State Commission merged with the order passed by Hon’ble National Commission. In support of the said contention ld. lawyer for o.ps. brought to our notice regarding some dates which are relevant for the purpose of disposal of this MA Case and to negate the claim of Dhr. towards the interest as sought for by him. From the materials on record it is found that on 07/06/2011 this Forum passed the final order in CC No.208/2006. The o.p. nos. 1 to 6 filed an Appeal being FA No.379 of 2011 before Hon’ble State Commission on 26/08/2011. Dhr. filed the execution case no. 77/2011 on 11/11/2011. Hon’ble State Commission was pleased to pass the final order on 06/03/2013. Hon’ble State Commission directed the o.p. nos. 1 to 6 to comply the order within 45 days from 06/03/2013 i.e. within 19/04/2013 failing which it will carry 9% interest. The o.p. nos. 1 to 6 filed a revision petition no. 1779 of 2013 before Hon’ble National Commission on 26/04/2013. Stay was obtained from Hon’ble National Commission against the order dated 06/03/2013 passed by Hon’ble State Commission, West Bengal subject to payment of 50% of the decreetal amount i.e. Rs.6.50 lakhs within four weeks from the date of the order and the stay will be effective from the date of deposit. The said order was passed on 29/04/2013 and after depositing the amount of Rs.6.50 lakhs on 22/05/2013 the stay granted by Hon’ble National Commission started to operate. Since there was stay and subsequently Hon’ble National Commission passed the order on 17/09/2018 and as per the order of Hon’ble National Commission Jdrs. paid the amount of Rs.15,25,000/- i.e. Rs. (13,00,000 + 2,00,000 + 25,000) to the Dhr. before this Forum and the receipt has been filed to that effect. In view of such back ground of the case and the order passed by Hon’ble National Commission and for compliance of the order Jdrs. are not required to pay any further amount to the Dhr. On the basis of the said fact o.ps. prayed for dismissal of the M.A Case.

            Considering the submissions of the respective parties and on perusal of the order passed by Hon’ble National Commission it is relevant to mention here that in paragraph 16 of the said order Hon’ble National Commission in the body of the said order observed that Hon’ble State Commission did not consider the reasonable compensation for which Rs.2 lakhs was allowed to meet the ends of justice and also awarded  Rs.25,000/- towards the cost. On perusal of the order as well as the respective dates and the steps taken by both the parties before Hon’ble State Commission as well as Hon’ble National Commission and Hon’ble National Commission at the time of granting stay of the order of Hon’ble State Commission was pleased to direct the Jdrs. to deposit a sum of Rs.6.50 lakhs and after depositing the said amount the stay was granted.  Since the stay of all the proceedings continued as per the order of Hon’ble National Commission and after the pronouncement of the order whereby Hon’ble National Commission was pleased to grant compensation and cost and since the said order has been complied by Jdrs., therefore, the prayer of the Dhr. for further interest as claimed by Dhr. cannot have any substance in view of the order passed by Hon’ble National Commission.  It is relevant to mention here that Jdrs./O.ps. complied the order and handed over the draft of Rs.15,25,000/-. Therefore, the claim of the Dhr. for further interest on the said amount cannot be accepted and, therefore, the claim made by Dhr. is not maintainable.

            Hence, ordered,

            That the M.A Case No. 28/2018 is dismissed on contest without cost against the o.ps.