Execution application in consumer case against Lord Realty Private Limited

 

Before the Hon’ble District Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata - 700 144.

 

Execution Application no.                 of 2023

{arising out of CC/57/2021}

 

                                                          In the matter of ;

An application under Section 71 and Section 72 of the Consumer Protection Act’ 2019; for enforcement of Order and penalty for Non-Compliance of Order & Judgment dated 8^th February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas;

AND

In the matter of ;

Shri Asish Kumar Ghosh, Son of Late Nripendra Nath Ghosh, residing at premises being no. 20/1, Jugipara Road, Flat – C-1, Debalay Apartment, Kolkata – 700028, Police Station – Dum Dum, District North 24 Parganas.         

                   ______Decree Holder

-      Versus –

 

1.   M/s. Lord Realty Private Limited, having its Registered Office at Premises being no. 71/9, Topsia Road, Kolkata – 700046, District South 24 Parganas.

 

2.   Mr. Mohammad Anwar Azim Son of Late Azimul Hassan, of Premises being no. 71/9, Topsia Road, Kolkata – 700046, District South 24 Parganas.

  ______Judgment Debtors

To,

The Hon’ble President and His Companion Hon’ble Members of the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas;

The humble petition of the above named Decree Holder, most respectfully;

Sheweth as under;

 

1.   That the Decree Holder is a peace loving and law abiding Citizen of the Country. The Decree Holder is residing at the address as given in the cause title of the present execution application.

 

2.   That the Decree Holders have preferred a Consumer Complaint vide CC/57/2021, against the Judgment Debtors, before the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas. The said consumer Complaint has been finally decided on 8^th day of February’ 2023.

 

3.   That the operative portion of the Order & Judgment dated 08/02/2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, is reproduced as ;

“That the instant case be and the same is hereby allowed ex-parte against the OPs  with cost of Rs.25,000/- (Rupees twenty five thousand) only.

 

That the OPs are jointly and severally liable and are directed to hand over the vacant and peaceful possession of the scheduled plot of land as described in the schedule of the petition of complaint as well as agreement for sale dated 17.10.2012 along with mutation in favour of the complainant within 45 days from the date of passing this order.

 

Alternatively the OPs are jointly and severally liable and are directed to refund the entire consideration amount of Rs.9,00,000/- (Rupees nine lakhs) along with simple interest @10% p.a. w.e.f. 17.10.2012 (date of agreement for sale) till the date of final realization within 45 days from the date of passing this order.

 

That the OPs are jointly and severally liable and are also directed to pay compensation to the tune of Rs.1,00,000/- (Rupees one lakh) only for mental pain and agony suffered by the complainant within 45 days from the date of passing this order.

 

That the OPs are jointly and severally liable and are also directed to pay the litigation cost of Rs.25,000/- (Rupees twenty five thousand) within 45 days from the date of passing this order.

 

That the complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders as aforesaid are not complied with by the OPs within 45 days from the date of passing this order”.

 

4.   That the said Order & Judgment dated 08 Feb 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24-Parganas, has been duly communicated to the Judgment Debtors, by the Learned Advocate of the Decree Holder.

 

Photostat copy of the Letter of Communication, with the Postal receipts and track report of the postal authority, are enclosing herewith and marked as Annexure –“A” Collectively.

 

5.   That the Judgment Debtors are well within the knowledge of the contents and purports of the said Order and Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas; But did not comply with the directions given upon the Judgment Debtors by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas; Thus the Decree Holder is not in receipt of anything which has ever been directed on the Judgment Debtors by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas.

 

6.   That the Judgment Debtors have not preferred any appeal against the said Order and Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, in terms of Section 41 of the Consumer Protection Act 2019, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, in the statutory period and till date of the placing this present Execution application.

 

7.   That therefore the said Order and Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, is attained its finality in terms of the prescribed provisions of Section 68 of the Consumer Protection Act’ 2019.

 

8.   That the Decree Holder seeks enforcement of the said Order and penalty for Non-Compliance of Order & Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, in terms of the provisions prescribed under Section 71 and Section 72 of the Consumer Protection Act’ 2019.

 

9.   That unless the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, enforce the Order and penalty for Non-Compliance of Order & Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, the Decree Holder will highly prejudice and suffer with irreparable loss and injury thereof.

 

10.                That this application is made bonafide and in the interest of administration of Justice.

 

11.                That the Decree Holder prays for the followings before the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas;

 

In the given facts & circumstances, the Decree Holder prayed that the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, would graciously be pleased to enforce the Order and penalty for Non-Compliance of Order & Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019, and or to pass such other necessary order or orders as your Honour may deem, fit, and proper for the end of Justice.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

Verification

I, Asish Kumar Ghosh, being the Decree Holder, made this application for execution being enforcement of the Order and penalty for Non-Compliance of Order & Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtor, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019. I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my present execution application. I verify and sign this application on _______________’ 2023.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

I, Shri Asish Kumar Ghosh, Son of Late Nripendra Nath Ghosh, aged about _____years, by faith Hindu, by Occupation ____________, residing at premises being no. 20/1, Jugipara Road, Flat – C-1, Debaloy Apartment, Kolkata – 700028, Police Station – Dum Dum, District North 24 Parganas, West Bengal, do hereby solemnly affirm and declare as follows;

1.   That I am being the Decree Holder, made this application for execution being enforcement of the Order and penalty for Non-Compliance of Order & Judgment dated 8^th day of February’ 2023, passed in CC/57/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019.

 

2.   That I am Competent to swear this affidavit. I am not suffering with any legal disability as emphasize in the Indian Contract Act’ 1872.

 

3.   That I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my present execution application.

 

The above statements are true to my knowledge and belief.

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

 

Advocate

Date : _____________2023

Place : Baruipur                                                      NOTARY