DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F. EXECUTION CASE NO.04/2008 ARISING OUT OF ORIGINAL CASE NO.63/2007 Date of filing of the Case: 26.03.2008 Complainant / Dhrs | Opposite Parties/ Jdrs | 1) Smt. Ratna Roy W/O. Lt. Goutam Roy @ Sujit Roy Vill. West Hyderpur, P.S. English Bazar, P.O. & Dist. Malda 2) Sri Sujukta Roy S/O Lt. Goutam Roy @ Sujit Roy Vill. West Hyderpur, P.S. English Bazar, P.O. & Distt. Malda. 3) Sri Suropito Roy ( Minor ) S/O Lt. Goutam Roy @ Sujit Roy Vill. West Hyderpur, P.S. English Bazar, P.O. & Dist. Malda Being represented by his mother natural guardian Smt. Ratna Roy. | 1. | The Divisional Manager, The New India Assurance Company Ltd. Howrah Division, Madhusudan Apartment, P-18, Dobson Lane, Howrah – 711101. | 2. | The Branch Manager, The New India Assurance Co. Ltd. Malda Branch Office, 21/22 Rabindra Avenue, P.O. & Dist. Malda PIN – 732 101. | | | | |
Present: | 1. | Sibsankar Pal, President. | 2. | Smt. Sumana Das, Member. | | 3. | Dr. Soumen Sikder, Member. |
For the Petitioner/Dhrs : Aliul Haque, Jagjit Singha, Advocates For the O.P.s / Jdrs. : Arijit Neogi, Advocate Order No. 19 Dt. 05.02.2009 Both parties file hazira. On gleaning through the record, it is evident that as against the order dt.14.07.2008 passed by this Forum, the Jdr. (New India Assurance Co. Ltd. Malda Branch) moved revision before the Hon’ble State Commission Disputes Redressal Commission, West Bengal. The Hon’ble Commission in the S.C. Case No.RC/08/53 by an order dt.04.12.2008 was pleased to allow the revision on contest. The Hon’ble Commission also sent back the case on remand to this Forum for disposing of the same in terms of provision of Sec.25 of the Consumer Protection Act after giving opportunity to both sides of being heard. Hence, this order arises out of Sec.25 of the said Act. At the very outset the ld. Lawyer for the Jdr. has submitted that a fresh execution case is to be filed in as much as the order dt.14.07.2008 has been set aside. But I do not find any substance in the argument of the ld. Lawyer for the Jdr because of the fact that there is a peremptory direction of the Hon’ble State Commission to dispose of this execution case in terms of Provision of Sec.25 of the Consumer Protection Act. It can never be said that with the impugned order being set aside by the Hon’ble Commission the present execution case is non est in the eye of law. It appears from the materials on record that by an order No.07 dt.19.02.2008 of Original Case No.63/2007, the Jdrs (1) The Divisional Manager, The New India Assurance Co. Ltd. (2) The Branch Manager, The New India Assurance Co. Ltd Malda Branch office, 21/22 Rabindra Avenue, P.O. & Dist. Malda, PIN – 732101) jointly and severally were directed to pay a sum of Rs.5,00,000/- to the decree holder (@Rs.2,00,000 in favour of Dhr No.1 and @Rs.1,50,000/- to each of the Dhr Nos.2 & 3). It is needless to mention that as against the main order the Jdrs. Preferred appeal which was dismissed on contest by this State Consumer Disputes Redressal Commission, W.B. in S.C. Case No.298/2008 by final order dt.04.12.2008 wherein the appellate Forum was further pleased to pass an order against the Jdr with a direction upon them to comply with the order of this Forum within 45 days from the date of communication of this Order failing which the decreetal amounts would carry interest @10% p.a. till they were paid in full. In this regard it is mentioned that till today the Jdr did not make any such kind of payment as has been ordered by this Forum as well as the order of the Hon’ble State Commission. At the cost of our repetition we say that the case was sent back on remand with the direction upon this Forum to dispose of this case in terms of provisions of Sec.25 of the Consumer Protection Act Sub. Sec (3) of Sec.25 of the Consumer Protection Act lays down that “where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, and such District Forum or the State Commission or the National Commission may issue a certificate for the said amount to the collector of the District (by whatever name called) and the collector shall proceed to recover the amount in the same manner as arrears of the land revenue.” So in tune with the spirit of the aforesaid provisions of law, this Forum is required to issue a certificate to the collector of the District who will proceed to recover the amount in the same manner as arrears of land revenue. In the above circumstances the collector, Malda is directed to proceed to recover the amount to the tune of Rs.5,00,000/- together with interest @10% p.a. till realization from the date of communication of the order of the State Commission to the Jdr. It is, therefore, ordered, that Malda D.F. Execution Case No.04/2008 arising out of Malda D.F. Original Case No.63/2007 succeeds on contest. Let a certificate along with the copy of this order be issued to the collector, Dist. Malda from the purpose of recovery of the aforesaid amount of Rs.5,00,000/- together with interest @Rs.10% p.a. till realization from the date of communication of the order of the State Commission to the Jdr. The Execution case is thus disposed of on contest with the above observation. Sd/- Sd/- Sd/- Dr. Soumen Sikder Smt. Sumana Das Sri Sibsankiar Pal Member Member President D.C.D.R.F., Malda. D.C.D.R.F., Malda. D.C.D.R.F., Malda
......................Dr. Soumen Sikder
......................Shri Sibsankar Pal
......................Smt. Sumana Das | |
