IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. EA /05/ 2015
CC/108/2014
Date of Filing: 19.01.2015 Date of Final Order: 25.06.2015
Abdul Lahil Baqui
Vill+ P.O.- Hareknagar, P.S.-Beldanga.
Dist. Murshidabad ………………………………..Complainant/Dhr
-Vs-
The Manager /Proprietor,
Joy Buroma Gas Distributor
P.O.-Cossimbazar Raj,P.S.- Berhampore
Dist. Murshidabad ……………….Opposite Party/Judgment Debtor.
Abdul Lahil Baqui in person.
Mr.Debraj Mukherjee, Ld. Advocate …….for the Judgment Debtor.
Present: Hon’ble President, Anupam Bhattacharyya.
Hon’ble Member, Samaresh Kumar Mitra.
FINAL ORDER
Samaresh Kumar Mitra, Presiding Member.
The instant complaint u/S 25 & 27 of C.P.Act, 1986 has been filed by one Abdul Lahil Baqui Decree Holder herein against The Manager /Proprietor, Joy Buroma Gas Distributor, P.O.-Cossimbazar Raj, P.S.- Berhampore, Dist. Murshidabad (Judgment Debtor herein) for execution of an order dated 03.12.2014 passed by this Forum directing the Opposite Party, The Manager /Proprietor, Joy Buroma Gas Distributor, P.O.-Cossimbazar Raj, P.S.- Berhampore, Dist.Murshidabad to unlock and normalize the supply of gas to the complainant and pay compensation of Rs.1000.00 to the complainant within 15 days from the date of receipt of order and in default the Op will pay fine @Rs.50/- for each day’s delay, and the accumulated amount is to be deposited in the State Consumer Welfare Fund.
The Dhr further averred that he visited the Jdr several times after passing the order dated 3.12.2014 but the OP/Jdr did not comply the order of this Forum so he filed the instant execution case for complying the order dated3.12.2014 and prayed for direction upon the OP for paying compensation to the tune of Rs.1,000/- for harassment and mental agony.
Despite receiving the notice of the execution case the Jdr did not turn up so this Forum find W/A against the said Jdr for non compliance of the order.
That on 12.05.2015 the police of Berhampore Police Station arrested the Jdr and produced before this Forum. After hearing the advocate this Forum granted bail to the accused /Jdr on P.R.Bond of Rs.2000/ -after deposit of Rs.4600/- in cash towards fine in the fund of SCWF and also with the condition to deposit the remaining fine amount of Rs.3000/- ( Rs.1000/- to the Dhr and Rs.2000/- in the SCWF) on the date fixed.
And on 03.06.2015 the Jdr deposited a sum of Rs.2000/- in the fund of SCWF and another Rs.1000/- to the complainant but the gas service could not be normalized by the Jdr and the Dhr withdrew the sum of Rs.1000/-.
Then next date was fixed on 25.06.2015 for compliance of this Forum’s order. The Dhr filed a petition in that regard that the Jdr supplied gas to this Dhr on 20.06.2015 and he filed KYC to get subsidy but till date no subsidy amount has not been credited in the account of the Dhr so he prayed to normalize the same . He produced the xerox copy of customer copy of cash receipt which shows that the gas as booked by the Dhr has delivered on 20.06.2015.
The advocate on behalf of the Jdr submits to dispose the execution case as the Jdr complied all the direction of this Forum.
Heard both sides and considered that there is no impediment to dispose the above noted Execution Appeal case as the dispute in question has been redressed and there is no further claim of the Dhr and as such the execution case be disposed of accordingly.
ORDER
Hence it is ordered that the Execution Appeal be and the same is disposed of being the order of this Forum has duly been complied with by the Jdr.
The Jdr is discharged from the Execution case.
The Jdr is directed to look into the matter so that the Dhr may avail the gas service smoothly.
Let, plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and Corrected by me.
Member, President,
District Consumer Disputes District Consumer Disputes Redressal Forum, Murshidabad. Redressal Forum, Murshidabad.