HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       This appeal under section 27A of the Consumer Protection Act, 1986 has been filed questioning the propriety of the order being order no. 21 dated 13/09/2016 passed by the District Consumer Disputes Redressal Forum, North 24-Pagans, Barasat.

    This appeal has a long chequered history. The decree holder filed a complaint case being complaint case no. CC 439 of 2013 before Ld. District Consumer Disputes Redressal Forum, North 24-Pagans, Barasat where the complaint case was allowed on contest against the judgment debtor/appellant and the judgment debtor was directed to hand over possession of the 3^rd floor flat to the complainant after receiving the balance consideration within two months from the date of the order dated 28/10/2014. The judgment debtor was also directed to pay compensation to the tune of Rs. 5,000/- (Rupees five thousand) towards mental agony and another Rs. 5,000/- (Rupees five thousand) towards litigation cost within the said period. It was further directed that the judgment debtor would execute and register the deed of conveyance in favour of the present decree holder after receiving the balance consideration and in default the judgment debtor will be liable to pay Rs. 100/- daily as penalty which would be payable to the State Commission Welfare Fund.

       As the judgment debtor failed to comply with the direction of the District Consumer Forum, passed in CC 439 of 2013, the execution case being EA-23 of 2015 was filed, recovery of possession of 3^rd floor flat was sought for along with litigation cost etc. In the said execution proceeding, the parties intended to settle their disputes amicably out of court and the order no. 14 dated 14/01/2016 revealed that at the instance of the judgment debtor the case record of EA-23 of 2015 was put up and as per statement recorded in the said order sheet, it is found that the decree holder was ready to accept Rs. 8,00,000/- (Rupees eight lakh only) as compensation money and as the judgment debtor agreed to pay the said amount, the warrant was recalled but subsequently by order dated 25/02/2016 due to non-compliance of the order for amicable settlement, warrant of arrest was again issued against the judgment debtor fixing 06/05/2016 for E.R. In the mean time (as the order sheet which at page 6 of the file reflects) the JDR paid a sum of Rs. 1,00,000/- (Rupees one lakh) by cheque to the decree holder and 4 (four) post dated cheques concerning the balance consideration amounting to Rs. 9,80,000/- (Rupees nine lakh eighty thousand only). Warrant of arrest was again recalled but the said cheques were dishonored by the Bank concerned for insufficiency of fund. The order impugned being order no. 21 dated 14/09/2016 clearly points out that the judgment debtor filed a money receipt which is at page 19 of the file and tried to impress Ld. Executing Court that the judgment debtor paid a sum of Rs. 1,00,000/- (Rupees one lakh) which has been paid to the bank account of the decree holder on 08/08/2016 but as per said order the Ld. Forum concerned was not satisfied w