Order No.12, dated 20/09/2016

Put up the record on petition filed by the D/hr, Sri Asis Bhattacharjee.

The D/hr by filing a verified petition praying for disposal of this Execution Case as he already received Rs.74,577/- from the J/dr No.1 i.e. The Branch Manager, S.B.I., Khagrabari Branch, Cooch Behar.

This Execution has been filed by the D/hr on 08/09/2014 for non-payment of decreatal amount of Rs.77,076.96 by the J/dr No.1. An appeal was preferred by the J/dr No.1 bearing No. A/1291/2014.

This case is fixed on 30/12/2016 for awaiting order of H/S/C. This Forum received a copy of the order of H/S/C as to the aforesaid appeal. On perusal the said order it appears that the H/S/C pleased to pass an order that “the Final Order dated 31/03/2014 passed by the Ld. District Forum in CC/31/2013 is hereby affirmed” and the appeal is dismissed.

The J/dr No.1 deposited a Bankers cheque being No.203314 dated 17/09/2016 in favour of the D/hr of Rs.74,577/- and the D/hr received the same with full satisfaction and wanted for disposal of this case.

The Final Order dated 31/03/2014 goes to show that if the O.P. No.1 failed to comply the order within reasonable time i.e. 60 days, the O.P. No.1 shall have to pay Rs.50/- for each days delay.

Considering the appeal period it appears that the J/dr No.1 paid the decreatal amount to the D/hr after elapsing 47 days of the order dated 01/08/2016 by H/S/C.

In this premises, we have no other alternative but to hold that the J/dr No.1 shall have to pay Rs.2,350/- (47 days X Rs.50/-) in favour of State Consumer Welfare Fund, West Bengal.

The Ld. Agent for the J/dr. No. 1 deposited an amount of Rs. 2,350/- in favour of the State Consumer Welfare Fund against proper receipt and also praying for disposal of the present execution case.

Having heard both sides and considering the facts & circumstances the petition of the D/hr is considered and allowed.

Hence,

          it is Ordered that

                       the present execution be and the same is disposed of with full satisfaction.

Let a copy of this order be sent to the parties free of cost.