Kalidas Mukherjee, President:
1. This appeal u/s 27A of the C. P. Act is directed against the order no.37 dated 30/07/13 passed by the Learned District Forum, Alipore, South 24-Parganas in EA No.55/2010 recording that the Execution Case was disposed of on full satisfaction. The Complaint Case No.25 of 2009 was allowed on contest directing the OP to handover the printed copies of books to the Complainant within 30 days from date. The OPs were also directed to pay compensation of Rs.500/- and litigation cost of Rs.500/- to the Complainant within 30 days from the date of order, in default the OP shall pay penalty of Rs.25/- per day from the date of default till the compliance of the order. The Learned District Forum in the impugned order in connection with EA 55 of 2010 recorded that the litigation cost and compensation were paid. It was further recorded that vide order no.36 the Dhr was at liberty to take the copies of books and if not received the Jdr shall take back the same and keep it with him. The Dhr received the decretal amount. By order no.38 the Learned District Forum recorded that the decretal amount was deposited in compliance with the order no.37 dated 30/07/13 and, as such, the Execution Case bearing no.EA 55 of 2010 was disposed of on full satisfaction.2. It has been contended by the Appellant/Complainant that there was no written agreement. It has been contended in the Memo of Appeal that the Dhr was further entitled to Rs.2,750/-. It has been contended that the Learned District Forum wrongfully accepted bound printed material of the novel with about 100 mistakes as the novel was without the name of the novel or of the author, price thereof etc.
3. The Learned Counsel for the Respondent has filed BNA and submitted that the order of the Learned District Forum was complied in full and thereafter the Execution Case was disposed of on full satisfaction. It is contended that the agreement was verbal and taking advantage of that the Dhr is trying to extract more money from the Jdr.
4. We have heard the submission made by both sides and perused the papers on record. It appears that the CC Case No.25 of 2009 was disposed of on contest. No appeal u/s 15 of the C. P. Act was preferred. The judgment passed in the Complaint Case by the Learned District Forum, therefore, attained finality. It further appears from the papers on record that the Execution Case was disposed of on full satisfaction. At this stage the contentions raised by the Appellant/Complainant touching the merits of the Complaint Case cannot be looked into. The matter in issue already decided in the Complaint Case cannot be reopened. We are of the considered view that there is no merit in this appeal u/s 27A of the C. P. Act.
5. The appeal is dismissed. We make no order as to costs.