IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  EA /15/2014 (Out of CC -25/2010).

 Date of Filing:   27.06.2014.                                                                                                                                      Date of Final Order: 28.04.2016.

Complainant/D.hr: Meherban Mondal, S/O Late Musaruddin Mondal, Vill Durlavpur,

                                P.O. Madhupur, Nowda, Murshidabad.             

-Vs-

Opposite Party/J.dr. : Tripti Mukherjee, Prop. Green Motora, N.H.34, Chuanpur More,

                                    Berhampore, Murshidabad.

                       Present:                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Samaresh Kumar Mitra, Presiding Member.

 This Execution Application has been arisen out CC 25/2010 which was disposed of on 26.02.2014 on contest allowing the same against the Opposite Party No.1 wherein the complainant do get an award of Rs.90, 000/- against the Opposite Party No.1. The said Opposite Party was directed to pay the said amount to the complainant within 30 days from the date of the order (i.e.26.02.14), failing which, the same amount would carry interest @10% p.a. from the date of filing of the complaint i.e from 5.3.2010 till the date of realization of the amount.

After the stipulated period of 30 days, the D.hr has filed this Execution Application on 27.06.2014 for realization of the awarded amount of Rs.90, 000/- with interest @ 10% p.a from the J.dr.

As per petition dt.19.09.14 of the D.hr, the J.dr. had died and he prayed for time for filing substitution petition of the legal heirs of the J.dr/OP No.1 which was granted by the Forum. Since then, no substitution petition has been filed by the D.hr.  Sufficient opportunities have been given to the D.hr. to file the substitution petition, but he does not file the same. Moreover, on date of hearing (04.04.16) the D.hr. is found absent.

In this situation, we are of the opinion that the D.hr. is not interested to proceed with this Execution Application any more for realization of his awarded amount. In our view, the Execution Application should be dropped.

Hence,

                                                     Ordered

that the Execution Application No. 15/2014 be and the same is hereby dismissed for non-prosecution on the part of the D.hr.

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.

        MEMBER                                                                                          MEMBER