:ORDERS ON MEMO OF CALCULATION:
SMT.NIVEDITA RAVISH – LADY MEMBER
We have heard the arguments on memo of calculation filed by the LRs of DHR and memo of compliance filed by the JDR. We have also gone through the order passed in CC No.121/2012 dated:18.01.2013 and order passed in E.P.No.42/2013 dated:06.07.2017 by this Commission and available documents in the file.
2) On verifying the Execution Petition/Application, it is noticed that the Lrs of DHR has mentioned in the column of “Previous Application if any with date of result” as, “E.P.No.42/2013 part payment only paid, not complied as per the order and EPS 1995”. Hence, we peruse the order sheet and file of previous execution petition Number 42/2013 and it reveals that the DHR has filed Execution Petition/Application No.42/2013 to execute the order passed in C.C.No.121/2012 and this Commission has disposed the Execution Petition/Application on 06.07.2017. In the order dated:06.07.2014 in Execution Petition/Application No.42/2013, this Commission has observed that the JDR has revised/re-fixed the pension of the complainant by giving two years weightage and also paid arrears amount of the pension along with interest to the complainant/DHR and this Commission has also observed that the JDR has complied the order of this Forum/Commission fully and disposed the Execution Petition. Hence, we have considered that the present Execution filed by the Lrs of the DHR to execute the order passed in C.C.No.121/2012 is not maintainable and same is liable to be dismissed with cost as fully satisfied.
3. Further, the Lrs of the DHR has not preferred an appeal against the order passed in Execution Petition No.42/2013 on 06.07.2017 and filed another Execution Application before this Commission, thereby wasted the time of the Commission. Hence, the Lrs of the DHR is liable to pay the cost of Rs.2,500-00 to the Consumer Legal Aid Account of this Commission. Accordingly, we proceed to pass the following:-
:ORDER:
The Execution Petition/Application filed by the Lrs of the DHR is dismissed with cost of Rs.2,500-00. It is further directed that the Lrs of DHR shall pay/deposit Rs.2,500-00 to the Consumer Legal Aid Account of this Commission within 30 days from the date of receipt/knowledge of the order.
Furnish copy of this order to both parties are free of cost.
