Both sides are represented. Heard learned counsel for both sides. Perused the case record.

It appears that this Misc. proceeding was drawn up on the basis of a petition so filed by applicant Sri Atul Chandra Dutta, under Order 21 Rule 11 of C.P.C for execution of decree that was issued in his favour. According to the petitioner, this forum has granted relief in favour of him, vide judgment and order dated 03/12/2012 where under this forum finding the deficiency of service directed the O.P. to pay the insurance maturity amount along with cost litigation of Rs.5,000/-. Now, it is pleaded by the petitioner that total Rs.2,00,100/- needs to be calculated for final payment of the amount.

I have heard the learned counsels of both sides and, upon perusal of the instant case record, it appears that the O.P./National Insurance Co Ltd, on 28/08/2014, submitted a cheque for a sum of 1,20,750/-. It is submitted by the learned counsel for the complainant that total interest amount should be calculated as 85,100/- from 21/01/2006 to 21/05/2014. It appears that, on 21/01/2006, the Petitioner filed a petition relating to consumer case No.CC/06/2007. However, upon going through the judgment delivered by this forum, dated 03/12/2012, in connection with consumer case No.CC/06/2007, it appears that this forum allowed the petition of the complainant with a direction to the O.P./National Insurance Co. Ltd to pay the maturity amount of Rs.1,00,000/- along with a sum of Rs.5,000/- as cost of litigation and it was further directed that, in the event of non-payment of the amount along with the cost amount within three months from the date of that order, the O.P./National Insurance Co Ltd will have to pay interest at 10% per annum till final realization of the amount. Thus, it appears that this order took effect from the date. From the said order, it cannot be assumed that the interest amount should be calculated from the date of filing of the petition. Thus, we have found that the O.P./National Insurance Co. Ltd has paid an amount of Rs.1,05,000/-, as per the direction of this forum and, additionally, it has paid 15,750/- as interest calculated from the date of order till the date of payment.

I have considered this matter and have found that there is no anomaly in this payment. The O.P. has rightly paid the amount and the petitioner is not entitled to get the amount as shown in his petition. Having found no merit this petition stands dismissed and this proceeding is concluded with this finding.