IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. EA 05/2014(Arose out of CC/78/2012) .
Date of Filing: 25.02.2014. Date of Final Order: 15.07.2015.
Complainant: Asif Iqbal, S/O Mostak Ahmed, Vill. Osmanpur, P.O. Jangipur, P.S. Raghunathganj,
Dist. Murshidabad.
-Vs-
Opposite Party: The New India Assurance Co. Ltd., Berhampore Division Office, 37A, R.N. Tagore Rd.
P.O.& P.S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya – Presiding Member.
The instant petition dt. 14.01.15 filed by the petitioner is praying for interest on Rs.47,800/- @ 10% p.a. for the period from 05.09.2013 to 09.01.15 and award of Rs.10,000/- towards compensation for harassment.
The instant petition dt. 14.01.15 filed by the D.hr/complainant, in brief, is that the petitioner’s informed the matter to the local P.S and also informed before the OP Insurance Company. But the Insurance Company did not care about it for that reason the petitioner filed this case for recovery of the price of motor cycle. Thereafter, the case was ended in favour of the petitioner and directed the OP to pay the price of motor cycle. But the OP did not pay any amount to the petitioner. Thereafter, the D.hr. has filed the instant Execution Application. Ultimately, the J.dr-OP submitted a cheque amounting to Rs.47,800/- but no amount of interest has been given. The petitioner received the said cheque from the court with protest as the OP did not give any amount of interest for the said amount. So, the petitioner filed this petition before your honour to give a direction to the OP to pay up interest accrued thereon. The order has been made on 5.9.13 and Execution Application has been filed on 25.2.14 and cheque paid on 9.1.15. The petitioner is entitled to get the interest for the period from 5.9.13 to 9.1.15 and till payment of the interest accrued thereon.
The J.dr has raised strong objection against this petition on the ground that executing court cannot go beyond the decree.
Decision with reasons.
The instant petition dt. 14.1.15 filed by the D.hr complainant is praying for interest on Rs.47,800/- @ 10% p.a from 5.9.13 to 9.1.15 plus compensation of Rs.10,000/- for harassment.
This petition has been filed in this execution case on 14.1.15 immediately after receipt of cheque on 14.2.15 amounting to Rs.47, 800/- deposited by the J.dr as per order of this Forum on 9.9.14.
The instant execution has been filed for non-compliance of the final contested order on 5.9.13.
The final contested order passed in CC/78/2011 on 5.9.13 is as under:-
“The complainant is directed to submit the copy of FIR Copy of Final report, tax token registration certificate, policy certificate and keys of motor cycle before the OP/Insurance Company within 20 days from the date of order.
It is further directed that after submission of all required documents, mentioned above the OP/Insurance Company will settle the claim of the complainant on the basis of the policy in view of the observations made in the later part of the judgment within six weeks from the date of submission of all papers.”
In the aforesaid final order there is no order awarding interest on the entitled insured amount in respect of theft motor cycle and also there is no award passed in the aforesaid order towards any compensation for harassment.
In the aforesaid final order dt. 5.9.13 there was no specific amount of award.
There was direction upon the complainant to file the specific documents relating to theft of the impugned motor cycle before the OP Insurance Company within 20 days from that order and OP to settle the claim of the complainant on the basis of policy within six weeks from the date of submission of papers.
For the non-compliance of the said final order by the J.dr-OP, the D.hr has filed the instant execution case on 25.02.14.
In the execution petition the D.hr –complainant has prayed for realization of Rs.57,617/- towards price of stolen motor cyle and interest accrued thereon as well as Rs.10,000/- towards mental agony and harassment.
But, in this execution case on 9.9.14 order was passed for E/R of W/a against the J.dr-OP Insurance Company with the direction of payment in terms of policy and there will no depreciation where it has been mentioned that the ld. lawyer for the complainant has claimed Rs.47,800/- as price of the motor cycle as awarded by this Forum.
Accordingly, the J.dr-OP submitted cheque in favour of the D.hr –complaint before this Forum on 9.1.15 and prayed for recall of W/A and the D.hr –complainant received the said cheque amounting to Rs.47,500/- on 14.1.15 acknowledging receipt of the said cheque on the margin of the order sheet dt. 14.1.15.
In the order dt. 9.9.14 passed by this Forum in the instant execution case there is no whisper about payment of any interest and compensation. And this order has not been challenged by the D.hr complainant.
In the instant petition dt. 14.1.115 filed by the D.hr complainant praying for interest and compensation, there is averment that the complainant received the cheque with protest.
But, there is no such protest mentioned at the time of receiving the cheque on the margin of the order sheet.
Be that as it may, on the very day immediate after receipt of the impugned cheque on 14.1.15 the D.hr-complainant has filed this petition praying for interest and compensation on protest against the cheque payment without interest and compensation.
Admittedly, the instant execution case has been filed for non-compliance of the final order passed on 05.09.13 in C.C. No. 78/2011.
In the aforesaid final order dt. 05.09.13 passed in the C. C. No. 78/11 as well as in the body of the judgment there is no whisper about payment of interest and compensation.
The settled principle of law is that the execution court cannot go beyond the decree.
In this regard the ld. lawyer for the D.hr complainant has advanced argument that the D.hr-complaint has filed this petition praying for interest and compensation for delay in paying the cheque in this execution case.
On this point we find that there is no provision in the Consumer Protection Act as to passing any interest and compensation for the delay in execution proceeding. The instant execution case has been filed u/s 25& 27 of the C.P Act for realization of the award or in the other words, for non-compliance of the order passed by the Forum by attachment, issuing W/A and by starting certificate case under Public Debt Recovery Act( PDR Act).
Ld. Lawyer for the D.hr.-Complainant has not referred to any such provision as well as any ruling in this regard in support of his argument.
On the basis of above discussions as a whole , we have no other alternative but to conclude that the D.hr is not entitled to get any relief as prayed for towards interest and compensation and as such the petition be rejected.
Accordingly, the Execution Application be disposed of finally.
Hence,
Ordered
that the petition dt. 14.01.2015 filed by the D.rh.-complainant stands rejected on contest.
The Execution Application No. 05/2014 is disposed of finally.
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.
