Judgment:
Oral Order:
Per Shri S.R. Khanzode, Honble Presiding Judicial Member
This appeal is filed against the order dated 14/11/2008 passed by District Consumer Forum Thane in Execution Application No.140/2007 Shri Sambhaji Prabhakar Tekwade V/s. The New India Assurance Co. Ltd. Execution Application stood dismissed obviously pointing out to the fact that awarded amount was already received by the decree holder.
We heard appellant Shri S.P. Tekwade in person.
Appellant tried to submit orally that a cheque of Rs.1,52,000/- dated 26/06/2007 received by him does not satisfy the entire award. However, he failed to satisfy to us that same is the correct statement. He has mentioned in Para 7 of the application his calculations which is per se wrong since it even includes expenses of Execution Application which were in fact not awarded to him while disposing of the Execution Application by the Forum below. If he has any doubt, he can always file a fresh execution application before the Forum below satisfying the Forum below that the award is yet to be fully satisfied. Under the circumstances, we find no merit in the appeal and pass the following order :-
Order:
1. Appeal stands dismissed summarily.
2. No order as to costs.
3. Copies of the order be furnished to the parties.