PRAVABATI RAYER Vs. TAPOBANA HOUSING FINANCE LTD

JUDGEMENT

(1.) The aforesaid execution case arises out of the order dated 17.5.1993 passed by this Commission in CD. Case No.108 of 2002.

(2.) The petitioner filed the aforesaid complaint alleging deficiency in service. Her case was that she applied to the opposite parties for sanction of loan by paying Rupees 25,000 as security and Rupees 2,000 as process money. Although she complied all the formalities required for the purpose, the opposite parties neither sanctioned the loan nor refunded the money (Rupees 27,000 ) deposited by her. This Commission by order dated 17.5.1993 allowed the complaint and directed the opposite parties to pay her Rupees 27,000 with interest at the rate of 12% per annum from the date of receipt of the deposits. Opposite party No.2-Subash Chandra Pani filed an application praying to recall that order on the ground that he had no notice of the case. By order dated 19.5.1995, the said application was dismissed by this Commission after hearing him. The opposite parties without complying the order dated 17.5.1993 filed two separate appeals bearing First Appeal Nos.369 of 1995 and 370 of 1995 challenging the said order. Both the appeals were dismissed by the National Commission by order dated 19.2.2002 for default. Thereafter they filed two Misc. Petition Nos.115 of 2002 and 131 of 2002 praying for restoration of the appeals. By order dated 9.7.2002 both the misc. petitions were dismissed by the National Commission.

(3.) From the above, it is clear that the final order passed by this Commission on 17.5.1993 has become final. The opposite parties are bound to comply it.