West Bengal

Dakshin Dinajpur

EA/12/2017

Sri Nepal Biswas, S/O- Rampada Biswas - Complainant(s)

Versus

The Station Manager/ Assistant Engineer, Gangarampur,Customer Care Centre, WBSEDCL - Opp.Party(s)

13 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Execution Application No. EA/12/2017
( Date of Filing : 26 Dec 2017 )
In
Complaint Case No. CC/22/2017
 
1. Sri Nepal Biswas, S/O- Rampada Biswas
Vill- Sahara, P.O.- Pransagar, P.S.- Gangarampur,Dist.- Dakshin Dinajpur
Dakshin Dinajpur
West Bengal
...........Appellant(s)
Versus
1. The Station Manager/ Assistant Engineer, Gangarampur,Customer Care Centre, WBSEDCL
P.O. & P.S.- Gangarampur, Dist- Dakshin Dinajpur
Dakshin Dinajpur
West Bengal
2. The Divisional Engineer, WBSEDCL
Balurghat, P.O.- Beltalapark, P.S.- Balurghat, Pin- 733103
Dakshin Dinajpur
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shyamalendu Ghosal PRESIDENT
 HON'BLE MS. Swapna saha Lady Member
 HON'BLE MR. Subhas Chandra Chakraborty MEMBER
 
For the Appellant:
For the Respondent:
Dated : 13 Apr 2018
Final Order / Judgement

Delay in complying the order of this Forum dated 09.08.2017 in regard to CC No.22/2017 has led the consumer to make this appeal for execution of the total said order by the OP.

 

The summation of the complaint  is that the OP-1 had paid  the compensation amount Rs. 5,000/- (Five thousand) on 07.02.2018 and sent a revised bill  for Rs. 38,793/- on 14.03.2018 but the OP has not paid interest @ 12% incompliance with the said order though the payment  for compensation had been delayed by six months. But the complainant has to make payment of the bill amounting Rs.38,793/- on 19.03.2018 under pressure  of the OP who had turned down his request for making installments of the huge amount on the plea that  it would be detrimental to the judgment order dated 09.08.2017of this Ld. Forum.

                                             

            On argument the Ld. Lawyer for the complainant has filed all documents (kept in file) in support of his averments and argued that if making installments for payment of the bill prepared as per order of this Ld. Forum be detrimental to the said order, delay in payment of the compensation is also detrimental to the order of this Ld. Forum and the interest amounting to Rs. 300/- for 181 days or six months @12% incompliance with the order of this Ld. Forum is the justified claim.

 

The OP through his Ld. Lawyer in writing has stated that the official procedure the OP has to undertake for payment incompliance with the order of this Ld. Forum and this caused unintentional delay. He had also prayed to waive the interest amount considering the situation of the OP.

 

From the above discussion it is revealed that the delay on the part of the OP is due to going through some official process and unintentional delay. But the OP has to keep in mind the terms of the order of this Forum and process should be started by the OP for compliance of the order accordingly. Moreover this Forum is by law cannot revise its own order. So the complainant is eligible to get the interest amounting Rs.300/- & the OP is directed to pay the interest to the OP within May 11, 2018.

 

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

 

 
 
[HON'BLE MR. JUSTICE Shyamalendu Ghosal]
PRESIDENT
 
[HON'BLE MS. Swapna saha]
Lady Member
 
[HON'BLE MR. Subhas Chandra Chakraborty]
MEMBER

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