WEST BENGAL STATE ELECTRICITY BOARD Vs. DHARMADASHI SAHA

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 21.12.2005 passed by the Birbhum District Consumer Forum in its Execution Case No. Bir/8/Ex./2004 arises out of the original C.F. Case No. 64/99. Under this order the Forum, consisting of 2 non -judicial members, has directed the O.P. judgment debtors (the present appellant to give connection to S.T.W. No. 1650 of the complainant - Decree Holder on or before 16.1.2006 failing which the judgment debtors would be liable to pay damages to the tune of Rs. 10,000 to each of the decree holders. The Forum further directed that the said amount of damages would be deducted from the salaries of the officers who were responsible for non -compliance of the order and in such an event the decree holder would be at liberty to approach the Court for issuing warrant of arrest against the O.Ps. for non -compliance of Court's order. The Forum then fixed a date viz., 20.1.2006 for report from the decree holders.

(2.) BEING aggrieved by this order of the Executing Forum the judgment debtors have preferred the present appeal challenging that order is erroneous, illegal and improper.

(3.) IN the main case out of which this execution case arose, the Trial Forum passed its order dated 13.12.1999 allowing the complaint and directing the O.Ps. (the present judgment Debtors) to give electric connection in the S.T.W. of the petitioner immediately not exceeding a month from the date of the order. But the O.Ps. did not care to comply with this order of the Forum. The complainant then filed the execution case in which the afore -mentioned order has been passed. The judgment debtors have now challenged that order of the Executing Forum in the present appeal. It should be borne in mind at the very outset that the main order of the Trial Forum dated 13.12.1999 remains unchallenged and in force and, therefore, the appellants herein have no escape from making compliance of that original order. They cannot in this appeal challenge that main order of the Trial Forum. Keeping this position in view, let us see how far this appeal has got any merit.