Smt. Pranati Ali, Presiding Member.

This Execution Application has been arisen out CC/91/2009 which was disposed of on 01.02.2011 being allowed on contest as against the OP no.3 Bajaj Auto Finance Ltd and dismissed against the OP Nos. 1 & 2, without any order as to cost. The OP no.3 Bajaj Auto Finance Ltd is hereby directed to restore possession of the vehicle being No. WB-58-H 5457 in favour of the petitioner within one month from the date of this order, in default, the complainant is at liberty to get this order executed by taking recourse to law. The OP Bajaj Finance Ltd is however at liberty to take possession of the vehicle in question in accordance with law and after observing all legal formalities, and also to recover the arrears of loan amount together with accrued interest, if any, under the law.

The D.hr has filed this Execution Application on 18.04.2011 as the Jdr.-OP no.3 Bajaj Auto Finance Ltd did not comply the aforesaid order.

The case has been fixed for awaiting order from the Hon’ble State Consumer Disputes Redressal Commission, W.B. vide FA No. 422 of 2011 for numerous dates. The D.hr. is found absent since 28.08.2014. The Jdr has also been taking no steps for a long period of time.  

Now the order of the Hon’ble State Consumer Disputes Redressal Commission, W.B. dated 03.10.2013 has been derived from ‘CONFONET’ in Appeal No. FA-422 of 2011.

The Hon’ble State Consumer Disputes Redressal Commission, W.B. has passed the order in that appeal on 03.10.2013 as under:-

‘the appeal is allowed on contest against the Respondent No.1, but without cost. The impugned judgment is set aside. Consequently, the complaint stands dismissed.’

As per above order of the Hon’ble State Consumer Disputes Redressal Commission, W.B., the complaint is dismissed and as such the execution is disposed of accordingly.

Hence,

                                                                                  Ordered

that the Execution Application No. 05/2011 be and the same is hereby disposed of as per order dated 03.10.2013 of the of the Hon’ble State Consumer Disputes Redressal Commission, W.B.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.