National Consumer Disputes Redressal
Masarat Islam Soharwardy vs Ashfaque Karim on 17 July, 2007
Equivalent citations: 1(2008)CPJ414(NC)
ORDER
S.N. Kapoor, J. (Presiding Member)
1. An execution application has been filed by the complainant for attachment of college building of Katihar Medical College, Karim Bagh, PO Box No. 23, Katihar - 854105, Bihar, India.
2. Heard the complainant.
3. On 4th May, Mr. M. Khairati, Advocate appeared for Mr. D. Mishra, Advocate on behalf of the opposite party on the last date and was given four weeks time to pay the amount. Mr. M. Khairati, Advocate is also present today but he states that he has no instructions.
4. Since Section 25 is relevant for the present prayer of attachment of college building and is quoted hereinbelow:
Section 25, Enforcement of orders of the District Forum, the State Commission or the National Commission(1) Where an interim order made under this Act is not complied with, the District Forum or the State Commission or the National Commission, as the case may be, may order the property of the person, not complying with such order to be attached.
(2) No attachment made under Sub-section (1) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum or the State Commission or the National Commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto.
(3) Where any amount is due from any person under an order made by a District Forum, State Commission or the National Commission, as the case may be, the person entitled to the amount may make an application to the District Forum, the State Commission or the National Commission or the National Commission may issue a certificate for the said amount to the Collector of the District (by whatever name called) and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue.
5. The order, which is sought to be executed, is not an interim order but a final order. Sub-sections (1) and (2) of Section 25 relates to execution of interim orders and not final orders. Insofar as final orders are concerned, this Commission can only issue a certificate for the amount due from the respondent/Ashfaque Karim, Managing Director of Katihar Medical College, to the Collector, Katihar and the Collector is supposed to proceed to recover the amount in the same manner as land revenue is recovered. Consequently, no attachment order can be issued.
6. Besides, even if this Commission had power, personally speaking, I feel inhibited in attaching the college building for it would lead to sealing and closure of the Katihar Medical College and thus it would adversely affect hundreds of students of the college just for recovery of Rs. 5.00 lakh with interest @ 9% per annum from 1st July, 1995 with cost of Rs. 10,000. The career of hundreds of students of the college cannot be put in jeopardy for none of their fault, if there are other methods to ensure recovery. The amount, which was taken by Mr. Ashfaque Karim was evidently not deposited in the account of the college for no receipt was given. As such, the amount could be recovered from Ashfaque Karim. Accordingly, the personal property as well as bank account of Mr. Ashfaque Karim could be attached.
7. Accordingly, I feel that the complainant should give details of the property of Mr. Ashfaque Karim, Managing Director, Katihar Medical College, Katihar, Bihar, number of his bank accounts as well as the bank account of Katihar Medical College, within a period of two weeks to provide adequate information to the Collector, Katihar for recovering the amount in terms of recovery certificate. As such, it would neither be legal nor socially just to issue attachment warrants on the Katihar Medical College.
The Registry may issue certificate to the Collector, Katihar for recovery of the amount in terms of Sub-section (3) of Section 25 after adjusting the amount, if any amount has been deposited.
8. In view of the above, the complainant is also at liberty to move an appropriate application under Section 27 of the Consumer Protection Act to issue show-cause notice.
On moving application under Section 27, notice maybe issued to Mr. Ashfaque Karim, Managing Director, Katihar Medical College, Karim Bagh, PO Box No. 23, Katihar-854105, Bihar, India returnable on 7.9.2007 to show cause as to why he should not be punished for his failure to comply with the order passed by this Commission on 14th December, 2006 despite taking time to pay the amount to the complainant on 4th May, 2007.