Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

Heard Mr.H.S.Thakkar-Advocate for the executant complainant. 

Undisputed facts are that the original complainant in respect of delivery of the vehicle and related issue alleged deficiency in service on the part of the opponents and consumer complaint bearing no.161/2000 was filed.  On hearing it was dismissed.  Therefore, the original complainant took the matter in appeal before the State Commission.  Appeal was allowed and compensation was awarded along with the direction to deliver a car.  The opponents in the said consumer complaint, who are opponents before us also, took up the matter in revision before the Hon’ble National Commission.  The Revision came to be dismissed confirming the order passed by the State Commission in appeal.  Thereafter, complainant filed execution proceeding before the forum.  Opponents partly complied with the directions given.  It is now submitted at the bar that execution proceedings are no more pending.

It is further contended on behalf of the complainant that by advocate’s notice dated 24/04/2010, it demanded interest of `34,37,566/-, which was awarded by the Commission in appeal.  However, dispute regarding payment of this interest is not settled and, therefore, this consumer complaint is filed.

We asked Ld.counsel as to how this separate consumer complaint is maintainable since the matter can be taken before the forum since it relates to earlier complaint and execution arising out of it filed in the forum.  We received no satisfactory answer.  Since dispute was already settled in appeal before the State Commission, supra, any issue relating to the non compliance of the said order needs to be taken in execution before the forum only. There is no question of filing any separate consumer complaint for the same.  Thus, finding this consumer complaint devoid of any merit, we pass the following order:-

                                      ORDER

Consumer complaint stands dismissed in limine.

No order as to costs.

Copies of the order be furnished to the parties.  

Pronounced

Dated 29^th March, 2011.