Sri Shyamal Gupta, Member

Aggrieved by the order passed by the Ld. District Forum, Malda dated 19-01-2016 in EA/18/2015, one Sri Kartick Basak, DHr thereof has preferred this Appeal.

In a nutshell, case of the Appellant/Complainant is that he filed a complaint case against the Respondent/OP.  After hearing both sides, the Ld. District Forum allowed compensation to the tune of Rs. 2,00,000/-.  Thereafter, this Commission enhanced the quantum of compensation from Rs. 2,00,000/- to Rs. 4,69,211/-.  Against this order, the Respondent/OP moved a Revision before the Hon’ble National Commission and vide its order dated 03-11-2015 the Hon’ble Commission decreased the quantum of compensation from 4,69,211/- to Rs. 2,90,000/- along with interest @ 9% p.a. from the date of filing of the complaint till realization.  However, since the Ld. District Forum insisted on bringing order from the Hon’ble National Commission to get the compensation amount released by it, aggrieved by such order, the Appellant/ Complainant preferred this Appeal.

We have heard the submission made by the Ld. Advocates of both sides and perused the material on record.

It appears the Hon’ble National Commission vide its order dated 03-11-2015 directed the Respondent to pay a sum of Rs. 2,90,000/- to the Appellant together with interest @ 9% p.a. from the date of filing of the complaint till realization.

In the wake of such order, we find that the Respondent submitted a cheque for a sum of Rs. 1,69,447/- before the Ld. District Forum on 01-12-2015.  It transpires from Order No. 4 dated 01-12-2015 that the Ld. District Forum vide its aforesaid order directed to handover the said cheque to the Appellant on production of Voter ID Card or any other identification certificate. There is, however, nothing to show that the said cheque being issued by the Respondent/OP on 20-11-2015 has been received by the Appellant/ Complainant and/or that he has encashed the same.  The said cheque having a validity period of only 3 months since issuance of the same, if not encashed till date, has lost its force long ago.  Therefore, in case the same has not been encashed by the Appellant/Complainant, it is of no use now.

Also, it appears from the impugned order that the Ld. District Forum sought for necessary order from the Hon’ble National Commission to release the sum of Rs. 2,34,606/- in favour of the Appellant which is lying with it being deposited by the Respondent/OP.  There is nothing on record to show that the Respondent/OP submitted any petition giving its nod to release the deposited sum in favour of the Appellant. Also, the Hon’ble National did not give any such direction to release the said sum in favour of the Appellant/Complainant.  In such circumstances, it seems, the Ld. District Forum preferred to exercise abandon caution and sought for necessary direction from the Hon’ble National Commission to release the deposited sum in favour of the Appellant/ Complainant.

Clearly, the half-hearted manner in which the Respondent embarked on complying with the order of the Hon’ble Commission given rise to the present stalemate. 

Considering all aspects, we deem it fit and proper to direct the Respondent.OP to issue a fresh DD/Cheque in favour of the Appellant/ Complainant towards decretal amount as ordered by the Hon’ble National Commission and forward the same together with a statement of account showing calculation of accrued interest by Speed Post to the residence of the Appellant/Complainant within 45 days hence and once the said DD/Cheque is received/encashed by the Appellant/Complainant, the Respondent/OP would be at liberty to withdraw the deposited money from the Ld. District Forum after observing due official procedure.

The Appeal is allowed accordingly.

Hence,

O R D E R E D

that A/370/2016 be and the same is allowed on contest against the Respondent.  The Respondent is directed to comply with this order in the manner as stated hereinabove.  The impugned order is hereby set aside.