This Execution Case has been filed for execution of the final order dt.16.08.2018 passed by this Forum in C.D. Case No. 73 of 2016 between The Chief Manager ,SBI Chandabali Branch ,At/Po/Ps-Chandabali ,Dist: Bhadrak and The Branch Manager ,United Bank Of India, Motto Branch ,At/Po- Motto, Ps- Chandabali ,Dist- Bhadrak who were Opposite parties in the C.D. Case No. 73 of 2016. Direction of the Forum to both opposite parties is as follows :-
“In the result, the present complaint be and the same is allowed against the OP Bank on contest and allowed ex-parte against OP No. 3. OP No. 1 is directed to credit a sum of Rs 10,000/- to the complainant together with interest @ 4% as applicable to SB accounts from the date of occurrence till the date of payment. This much of amount to be paid to the complainant by OP No. 1 Bank shall be recovered from the OP No. 3 Bank for its gross negligence in resolving the matter within the time frame and has to pay Rs 2,000/- as cost of litigation to the complainant. The order must be implemented within a period of 30 days failing which interest @ 7% shall be imposed on the award amount from the date occurrence till the date of payment”.
In response to the order the O.P/Jdr The Branch Manager - United Bank Of India, Motto Branch who was O.P No. 3 in the C.D. Case No. 73 of 2016 has deposited two DDs bearing 084271 dt. 17.08.2019 amounting to Rs.11,290/- and DD No. 084285 dt. 21.08.2019 amounting to Rs. 2000/- . In total O.P No.3 has deposited Rs. 13,290/- in favour of the O.P No.1- The Chief Manager ,SBI Chandabali Branch ,At/Po/Ps –Chandabali ,Dist: Bhadrak who is now Complainant/Dhr in the present execution proceeding. Accordingly O.P/Jdr prays to drop the proceeding in view of compliance of order by him.
On perusal of para-4 ,Page 2 of the execution complainant field by O.P No.1 who is the complainant/Dhr in present execution proceeding has admitted to have made payment of Rs. 13,290/- to Sanatan Sahoo on 11.09.2018 as per the order of the Forum. As such the payment so made by the Complt/Dhr was to be released from O.P/Jdr. As O.P/Jdr delayed to pay the ordered amount, the this execution proceeding is field with a prayer as follows :-
“Hence it is prayed the petition be admitted and the process be issued for realization of the execution amount along with prevailing rate of interest till the payment made by OPP. And the cost and damage be realized from OPP. In fovour of the petitioner and which the petitioner is in duty bound shall ever pray”.
In our considered views the amount of Rs. 13,290/- which has been deposited by the O.P/Jdr is included with interest and compensation which compiles the order of the Forum. No further penalty is required to be imposed on O.P/Jdr as he has already complied the order.
Accordingly the Complt./Dhr is hereby directed to receive the DDs with proper identification within seven days of receipt of the order. The Execution Case is dropped in view of compliance of order by O.P/Jdr.
