Order No.  24   / 14.01.2019

          Dhrs are present in person.

            Jdrs are represented through Lawyer.

            Petition dated 13.12.2018 filed by the Dhrs praying for direction upon the Jdrs to pay interest at the rate of 12 percent P.A. on the decreetal amount including deposit of penal damages to the Forum on the ground stated therein.

            Heard the Dhrs in person who submits that the Jdrs have already paid Rs.1,06,400/- after deducting 5% as Service Charges including Rs.20,000/- and Rs.10,000/- as compensation and litigation cost respectively. He further submits  that the Jdrs  paid the aforesaid amount after two years two months and seven days for which the Jdrs are liable to pay interest at the rate of 12 percent P.A. On the other hand, the Ld. Advocate for the Jdrs submits that there is no specific order in the judgment dated 17.05.2016 passed in CC No. 506 of 2015 regarding payment of interest. According to him, the impugned petition filed by the Dhrs is not maintainable and liable to be dismissed.

            We have heard the submission of both sides. Perused the impugned petition coupled with the judgment dated 17.05.2016 passed in CC No. 506 of 2015. On perusal of the said judgment in connection with the above mentioned case we do not find any whisper regarding payment of interest at the rate of 12 percent P.A. The Jdrs. have already refunded Rs.1,06,400/- after deducting Rs.5,600/- as Service Charges and also paid compensation and litigation cost of Rs.20,000/- and Rs.10,000/- respectively to the Dhrs in terms of the judgment passed in CC No. 506 of 2015. There is nothing due to the Dhrs. The claim of the Dhrs regarding interest is beyond the final order dated 17.05.2016. Thus, the Forum cannot go beyond the decree. As such, the impugned petition is not maintainable and liable to be dismissed.

            Hence,

ORDERED

That the petition dated 13.12.2018 filed by the Dhrs is rejected on contest against the Jdrs. No cost is imposed upon any of the parties.

Later-

Ld. Advocate for the JDr. is present in Ejlas. One Demand Draft bearing no.175083 dated 19.12.2018 drawn on Axis Bank for Rs.20,000/- is deposited by the JDr. as penal damages by a petition with the prayer for acceptance of same and for disposal of the execution case.

                                Heard. Considered. Prayer of the JDr. is allowed.

                             Let the amount be accepted and same be deposited to the concerned bank account of this Forum by noting it in the relevant register accordingly.

                                It appears that the DHr. has received the decreetal dues in full. And as such, the instant case being no.EA/252/2016 is disposed of.