West Bengal

Jalpaiguri

EA/5/2016

Keshab Debnath, - Complainant(s)

Versus

The Divisional Manager, New India Assurance Co.Ltd. - Opp.Party(s)

Pronab Kumar Ray Pradhan

11 May 2017

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Execution Application No. EA/5/2016
In
Complaint Case No. CC/37/2013
 
1. Keshab Debnath,
S/O Late Khagendranath Debnath, Vill. & P.O. Madhabdanga, P.S.-Maynaguri, Dist.-Jalpaiguri
...........Appellant(s)
Versus
1. The Divisional Manager, New India Assurance Co.Ltd.
Mahotra Towers, Pradhan Nagar, Hill Cart Road, Siliguri, Dist.- Darjeeling.Through the Branch Manager, New India AssuranceCo.Ltd.,Jalpaiguri Branch,P.S.- Kotwali, P.O. & Dist.- Jalpaiguri, pin-735101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Sibasis Sarkar PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Appellant:Pronab Kumar Ray Pradhan, Advocate
For the Respondent:
Dated : 11 May 2017
Final Order / Judgement

Sri Sibasis Sarkar, President, DCDRF, Jalpaiguri

 

        The Dhr. is absent without steps. The Jdr. files hajira through their Ld. Lawyer. The Jdr. have also filed a petition praying for disposal of the present EA case with full satisfaction.

        Perused the petition and other materials on record. Heard the Ld. Lawyer for the Jdr.

        From the ordersheet I find that the Jdr. deposited a Demand Draft being Sl. No.003437 dt.12/04/2016 amounting to Rs.33213/- in compliance with the order dt. 28/03/2016 passed by the Hon’ble National Commission in Revision Petition No.358/2016. The said amount is the 50% of the total awarded amount. It appears from the record that the said amount has already been received by the Dhr. It also appears from the record that the Jdr. has already deposited the remaining 50% amounting to Rs.38,075/- vide cheque no. 134133 dt.06/04/2017 in compliance with the order passed by the Hon’ble Supreme Court of India communicated to this Forum by an order dt. 30th March 2017 passed by the Hon’ble National Commission in Revision Petition no. 358/2016. From the order sheet we find that the Dhr. has already received the said cheque on 11/04/2017 duely identified by his Ld. Lawyer. Thus 100% of the awarded amount has already been paid by the Jdr. to the Dhr. So there is no necessity to proceed further with the present case.

                Hence it is

ORDERED

                  that the Execution Application no. 05/2016 be and the same is disposed off with full satisfaction.

 
 
[HON'BLE MR. Sibasis Sarkar]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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