PRADIPTA KUMAR DAS Vs. GOPAL CHARAN JENA
ORISSA STATE CONSUMER DISPUTE REDRESSAL COMMISSION
PRADIPTA KUMAR DAS
GOPAL CHARAN JENA
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(1.) MR . Justice R.K. Patra, President -First Appeal No. 837 of 2006 filed at the instance of the former Secretary of the Purana Mini Bank and First Appeal No. 872 of 2006 filed by the present Secretary of the said Purana Mini Bank are directed against the order dated 5.10.2006 passed by Jagatsinghpur District Forum in Execution Case No. 09 of 2006, by which both of them have been found guilty under Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') and sentenced to undergo imprisonment for a period of six months each or till realization of the awarded amount (Rupees 1,12,700) as on 18.8.2006 and to pay interest @ 9% till date of payment with fine of Rupees 5,000 each. Both the appeals are filed under Section 27A of the Act. As they are analogous, they were heard together and are disposed of by this common order.
(2.) GOPAL Charan Jena, who is respondent No. 1 in both the appeals, is the complainant who filed C.D. Case No. 111 of 1998 in Jagatsinghpur District Forum. By order dated 18.1.1999, the District Forum allowed the complaint holding both the appellants jointly and severally liable to refund Rupees 40,000 to the respondent No. 1 with interest @ 18% per annum from 27.9.1995 after deducting rupees 6,720. Against the aforesaid order of the District Forum, Secretary, Purana Mini Bank (appellant in First Appeal No. 872 of 2006) and Pradipta Kumar Das - former Secretary of the said bank (appellant in First Appeal No. 837 of 2006) filed respectively C.D. Appeal Nos. 240 and 311 of 1999. This Commission after hearing, dismissed both the appeals by common order dated 30.12.2005. As the appellants did not comply with the order of the District Forum which was confirmed by this Commission in appeal as mentioned above, the respondent No. 1 filed Execution Case No. 09 of 2006, out of which the present appeals arise.
(3.) THE order of the District Forum dated 18.1.1999 made in C.D. Case No. 111 of 1998 holding both the appellants jointly and sevrally liable to refund Rupees 40,000 to the respondent No. 1 with interest has become final after it is confirmed by this Commission by order dated 30.12.2005 passed in C.D. Appeal Nos. 240 and 311 of 1999.
It is well settled that an Executing Court cannot go beind the decree. Therefore, the District Forum while dealing with the execution case cannot go behind its order dated 18.1.1999. Section 24 of the Act declares that every order of a District Forum, the State Commission or the National Commission shall, if no appeal has been preferred against such order under the provisions of this Act, be final. The order of the District Forum has reached finality. It is, therefore, not open to the appellants to plead any new fact in execution proceedings to upset the final order.;
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