Date of Filing:       24.09.2018

                                                                                                                       Date of Disposal:  28.02.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

THIRU.  J. JUSTIN DAVID, M.A., M.L.                                         .…. PRESIDENT

TMT.      K. PRAMEELA, M.Com.                                                  ….. MEMBER-I

THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.                          ..… MEMBER-2

EA. No.03/2018 IN CC.No.40/2010

THUSDAY, THE 28^th  DAY OF FEBRUARY2019

D.Thiruvateeswaran,

L 13A, Sarvamangala Colony,

Ashoknager, Chennai -600 083.               …..Decree Holder/Complainant

                                                     //Vs//

The Chief Executive Officer,

Central Govt.Employees welfare

Housing organization,

6^th Floor, A Wing Janpath Bhavan,

New Delhi 110 001.                                  …Judgment Debtor/Opposite party.

This Execution Application is filed by the decree Holder/Complainant against the Judgment Debtor/opposite party U/S-12 of Consumer Protection Act-1986.

This execution petition is taken on the file is on23.08.2018 and is coming upon before us finally on 22.02.2019 in the presence of M/s. M. Krishnamurthy counsel for the opposite party and complainant is called absent, no  representation and upon hearings arguments, having perused the documents and evidences this Forum delivered the following

ORDER

PRONOUNCED BY THIRU J. JUSTIN DAVID,  PRESIDENT

The complainant filed this Execution petition under section 26 of the Consumer Protection Act against the Chief Executive Officer, Central Government Employees Welfare Housing Organization, New Delhi for nonpayment of decree amount of Rs.50,000/-and interest at the rate of 12% per annum from 05.07.2011 till date and the complainant requested this Forum to issue warrant against the Judgment Debtor/Opposite party.

2 The petitioner/complainant originally filed EA.No.03/2015 in CC.No.40/2010 against the Respondent/Opposite party under section 27 of the consumer Protection Act and the same was dismissed for default on 03.02.2016.  Against the order, the Petitioner/Complainant preferred FA.No.138/2016 before State Consumer Disputes Redressal Commission and the SCDRC passed an order on 03.11.2017 dismissed the appeal with direction to the complainant to file a fresh execution application for recovery of the amount.  Hence as per the direction of the State Consumer Disputes Redressal Commission, Chennai the complainant filed this 2^nd execution application for the 2^nd time for the same relief as claimed in execution application No.03/2015.

3.  The complainant filed CC.No.40/2010 against the opposite party before this Forum for payment of compensation and other reliefs.  This forum on 05.07.2011 passed an order directing the opposite party to pay Rs.50,000/- as compensation within one month from the date of  receipt of the order copy. Against the order the petitioner/complainant filed FA.No.925/2011 and the opposite party filed FA.No.813/2011 before State Consumer Disputes Redressal Commission, Chennai.  Both the appeals were heard together and a common order was passed on 05.07.2012.  In that appeal compensation of Rs.50,000/- granted by the district forum has been reduced to Rs.20,000/- and pay Rs.5,000/-towards legal expenses.  Against the order, the petitioner/complainant filed revision petition No.4502/2012 and Respondent/opposite party filed revision petition No.4940/2012 before the National Commission, New Delhi, The National Commission dismissed the appeals filed by the complainant and the opposite party respectively. Therefore the order passed by the State Commission is final.  As per the State Commission order the opposite party has to pay compensation of Rs.20,000/- to the complainant.

4. Under these circumstances, the opposite party filed a memo on 04.01.2019 stating that they have sent a demand draft for Rs.25,000/- drawn on 24.12.2018 towards compensation to the complainant and therefore the complaint may be closed, thereafter on 25.01.2019 the opposite party filed another memo stating that the Demand Draft for Rs.25,000/- drawn on 24.12.2018 was duly acknowledged by the decree holder on 26.12.2018.  Subsequently on 22.02.2019 the opposite party filed another memo stating that the complainant has acknowledged the payment and thereafter the complainant has not appeared before this forum and therefore the execution application may be closed.  All memo filed by the opposite party were recorded by this Forum.

5. The respondent/opposite party paid the decree amount as per order of the State Commission, Chennai to the petitioner/complainant and the complainant also received the amount by way of Demand Draft.  Subsequently the petitioner/complainant failed to appear before this forum on several hearings and therefore the petitioner/complainant has no interest in the execution application after receiving the decree amount of Rs.20,000/- with cost that is Rs.25,000/-.  This forum finds that the opposite party has paid entire decree amount and therefore no useful purpose will be served in keeping execution application pending.  Further the petitioner/complainant also has no interest in the execution application.  Under these circumstances the execution petition is closed.

In the result, this E.A. is closed.

    This order was dictated by the president to the steno-typist, typed by him corrected, signed and pronounced by us in the open forum, today on this day 28^th February 2019.

-Sd-                                                      -Sd-                                          -Sd-

MEMBER-II                                  MEMBER-I                         PRESIDENT