MAHADEV DHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioners have impugned the judgment and order of the District Consumer Forum, Murshidabad dated 18.3.99 passed in Cons. Prot. case No. Ex whereby the earlier order dated 30.4.98 in CDF Case No. 187 of 1997 passed by the District Consumer Forum, Murshidabad was re-called.

(2.) The petitioners herein filed an application before the District Consumer Forum, Murshidabad alleging deficiency of service rendered by the Postal Authorities (respondent No. 3 herein) which withheld the amounts under MIS Account No. 6736834 in respect of Rs. 54,000/- and another MIS Account No. 6736835 in respect of Rs. 48,000/- opened by Satyanarayan Dhar since deceased although the petitioners being brothers of the deceased were recorded as nominees in respect of the said two accounts. The postal respondent entered into appearance and explained that the payment was not made to the petitioners in view of the Civil Suit No. 256 of 1997 was pending in the Court of the Civil Judge, Junior Division, 2nd Court at Behrampore but subsequently an order was passed for making the payment to the petitioners. The learned CDF directed the postal authorities to make the payment within one month from 30.4.98 when the order was passed. An execution case No. 72 of 1998 was filed by the petitioners as the order was not complied with. The execution case however, was disposed of by order No. 8 dated 23.9.98 when the Post Master, Khagra filed withdrawal form showing payment of Rs. 1,17,470/- to the claiments.

(3.) The resondent No. 4 herein, the window of the deceased Satyanarayan Dhar filed an application dated 25.9.98 under section 151 CPC before the District Consumer Forum praying for a review of the order dated 30.4.98 passed in case No. 187/97 on the ground that the aforesaid order was obtained by suppressing the fact that the Civil Court in Title Suit No. 256 of 1997 directed the petitioners to furnish security under Order 38 rule 5 CPC. The learned CDF by its order dated 18.3.99. set aside the order passed in case No. 187 of 1997 on the ground that the order was obtained by the petitioners herein on practising fraud upon the Forum.