Execution petition disposed by the district forum
yogesh
(Querist) 13 October 2017
This query is : Open
In Consumer case, filed before the Distt Forum, against the nationalized bank for not awrding the interests on two Fixed Depoists, ( Principle amount 45,000 & 43,000 respectively) from 2003 to 2011. The Distt Forum, vide its order in July 2016, in its order directed the bank to calculate the saving interest rate, from 2003 to 2011, and issued 2 fresh FDR within one month
The bank did not comply the order, the execution application was filed . The bank did not appear even after receiving the notices . The court, after receiving the application from Decree Holder, issued bailable warrant returnable October 2017. The bank filed an application, without evens erving the copy to the Complainant, recalled the order of bailable warrant. The court also disposed the application in Septmeber 2017( though communicated for October 2017), by accepting the demand draft of 15000/- from the bank, in the absence of the complainant
My query is
1 Though the Ld Distt forum, has directed the bank to calcaulte the saving interest rate and issue fresh FDR, which normally comes to be 23,000/- and 21,000/- respectively and after interest of 5 years it may goes to 40,000 each respectively( Total 80,000/-), yet the Ld Distt Forum has accepted the meager amount of DD, without even going through its own order?
2 The Bnak has not complied the order of the Ld Distt Forum, but the Distt forum has closed the case, by accepting the DD of Rs 15,000 FROM THE BANK( We have not accepted the DD from the Court),.In such case whether fresh Execution application can be filed, complelling the bank to comply the order? If yes, under which section for filing second execution application/opening of case? Or we should have to file the Revision Petition before the state Commission? Please elaborate on this.?
P. Venu
(Expert) 14 October 2017
The State Commission could be moved, but is it worth the efforts?
yogesh
(Querist) 14 October 2017
Sir, The order of the Distt Forum still has not been complied. The Distt forum vide its order has issued directions, calculating the saving interest rate from 2003 till 2011, and issue 2 fresh FDR which comes to nearly 80,000. The Bank has given only DD of rs 15,000/- The case has been closed.so the option of opening the case, by filing fresh execution application. still left ?
Advocate Bhartesh goyal
(Expert) 15 October 2017
you should have to move State commission against the order of District Forum.
yogesh
(Querist) 31 October 2017
Since the order has not complied by the O.P and concealed the material facts, and fresh execution application before the Distt form will not solve the purpose?
