BHAGWAN DAS MAURYA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) this is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against judgment and order dated 6.9.1997 passed by District Forum, Deoria in execution case No.7 of 1995 arising out of Complaint No.1996 of 1991.

(2.) Initially a complaint was filed bearing No.96 of 1991 which was decided on 24.11.1992 whereby learned District Forum directed the respondents to give 692 dollars in Indian currency @ Rs.30/- per dollar along with interest @ 12% per annum and Rs.10,000/- as compensation and Rs.10,000/- for physical, mental and financial loss. On an application for setting aside the order dated 24.11.1992, the learned District Forum on payment of cost of Rs.15/- allowed the application and directed the opposite party to file written statement which they failed. Consequently learned District Forum allowed the complaint in presence of the Counsel for respondent on 8.2.1994. The appellant/complainant moved another application under Sec.27 of the Act which was registered as Execution Case No.7 of 1995. On 29.1.1997 the opposite parties moved an application mentioning therein that they have paid Rs.12,456/- on 28.12.1992 and as such amendment after reviewing the order dated 8.2.1994 is required. Accordingly, the order dated 6.9.1997 has been passed by the learned District Forum which has been challenged in the appeal.

(3.) Mr. B. K. Upadhyay, learned Counsel for the appellant has been heard and the entire record has been perused very carefully. The impugned order dated 6.9.1997 was criticised on the following grounds : (1) It was not open for the District Forum to have passed three orders dated 24.11.1992, 8.2.1994 and 6.9.1997 on the same cause of action. (2) That in case the opposite party was having any grievance against the order dated 24.11.1997 an appeal under Sec.15 of the Act should have been filed which has not been done.