DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

E.A. No-40/2013

Date of Filing:                                                                                                Date of Disposal:

05.02.2013                                                                                                        17.01.2019

Decree Holder:-                    Smt. Nimisha Bakshi,

                                               W/o Sri. Tirthankar Roy, Rahara Dakshin Pally,

                                                P.O.-Rahara, P.S.-Khardah, Kolkata-118,

                                                District-North 24 Pargans,

                                                               =Vs=

Judgment Debtors:-              1. The Branch Manager,

                                                     Manappuram Finanace Limited, Birati Branch,

                                                     196, Ground Floor, M.B. Road,

                                                     Sidheswari Kali Mandir, P.S.-Nimta,

                                                     Kolkata-51, North 24 Parganas.

                                                 2. The Manager, 

                                                     Manappuram Finance Limited, Regional Office,

                                                    2^nd Floor, Siddhivinayak Apartment,

                                                    Above India Bank, Atghara Check Post,

                                                    Rajarhat, Gopalpur, Kolkata-136,

                                                    North 24 Parganas.

                                               3. The Director,

                                                   Manppuram Finance Limited, Head Office,

                                                   Manappurm House,Valapad, Thrissur, Pin-680567,

                                                   District-Kerela.

PRESENT

:-       Smt. SilpiMajumder  ……………………………Member.

:-         Smt. Monisha Shaw …………………………………….Member.

                                        Order No-42

The order in the MA being no-32/2019 has been passed whereby the MA is partly allowed. After compliance of the order under execution by the Jdrs in respect of the Dhr on her full and final satisfaction, now the question comes that as to whether the Jdrs are liable to make payment of the punitive damage or not. In the judgment passed by this Ld. Forum punitive damage was imposed on the shoulders of the Jdrs in case of failing to comply the order within one month from the date of passing the judgment. Being aggrieved with the said order the Jdrs preferred First Appeal before the Hon’ble SCDRC. At the time of disposal of the said appeal the Hon’ble SCDRC was pleased to modify the order of the Ld. DCDRF along with setting aside the punitive damage as imposed by the Ld. DCDRF. No Revision was preferred by the Dhr against such order, hence in respect of making payment of punitive damage the order of the Hon’ble SCDRC has attained its finality. The said order also under execution. As per the order of the Hon’ble SCDRC under execution the Jdrs are not liable to make payment of any farthing towards punitive damage. Therefore question does not arise for direction to the Jdrs to make payment of the punitive damage.

On scrutiny of the record it is revealed to us that the Jdrs have complied with the orders under execution and the Dhr got the gold ornaments, compensation and litigation cost to her full satisfaction after making endorsement, hence the execution application can be disposed of.

Hence it is ordered that the EA being no-40/2013 is disposed of on full and final satisfaction.   

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

Member                                                                                                          Member                                             

Dictated & Corrected by