Petition to drop the consumer execution proceeding

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas.

 

EA/77/2019

{ arising out of Complaint Case no. CC/25/2017 }

In the matter of :

Smt. Ranu Ghosh,

                   ________Decree Holder.

-      Versus –

Shri Ram Chandra Shaw,

          _______Judgment Debtor

 

Petition to Drop the present Execution proceeding;

 

The humble petition on behalf of the above named Judgment Debtor Shri Ram Chandra Shaw, most respectfully;

Sheweth as under :

 

1. That the present Execution proceeding submitted by the Decree Holder from the final Order & Judgment dated 17-04-2019, passed by the Learned District Consumer Disputes Redressal Forum, Baruipur, South 24 Parganas, in CC/25/2017.

 

2. That it is pertinent to states that one Appeal under Section 15 of the Consumer Protection Act’ 1986, has been placed by the appellant being the Judgment Debtor herein vide memo of appeal being no. A/426/2019, arising out of the proceeding being no. CC/25/2017, decided by the Learned District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas. The said appeal has been admitted by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, on 17-06-2019, and the direction for notices has been given.

 

3. That it is to states that in the said Appeal being A/426/2019, the Respondent no.1. Smt. Ranu Ghosh, being the Decree Holder herein made her appearance before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal. The said appeal  has been decided finally on 14^th day of September’ 2023, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal. The said Appeal being A/426/2019, is allowed in part on contest. The operative portion of the said Order dated 14^th day of September’ 2023, passed in the Appeal being no. A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, is as follows;

 

“Therefore, for the finality of the litigation, we think it would be just and proper to pass an order towards refund when both parties agreed to the same. As a result, the impugned order dated 17-04-2019, is hereby set aside. Thus, the appeal succeeds in part, hence, the appeal being No. A/426/2019 be and the same is allowed in part on contest. Accordingly, the impugned order is modified to the following extent : The appellant is directed to refund Rs. 12,30,000/- (Rupees Twelve Lakh Thirty Thousand) only with simple interest @ 8% per annum in favour of the Respondent no. 1, from the date of each payment till full realization within 60 (Sixty) days from the date of passing this order. The appellant is also directed to pay litigation cost of Rs. 20,000/- (Rupees Twenty Thousand) only within the aforesaid stipulated period. Thus, the Appeal is disposed of accordingly”..

 

Server Copy of the Order dated 14-09-2023, passed in A/426/2019, is annexed herewith and marked as Annexure – “A”.

 

4. That the Judgment Debtor states that the Decree Holder herein is well within the knowledge of the said Order dated 14-09-2023, passed in appeal being A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, wherein the Hon’ble State Commission was pleased to set aside the impugned Order dated 17-04-2019, passed in CC/25/17, by this Hon’ble Commission, which being the basis of the present Execution case.

 

5. That in the given situation the present Execution case referred herein above lost it surface against the Judgment Debtor. If at all the Decree Holder wish to continue against this Judgment Debtor, the Decree Holder may lodge new Execution application, against the Judgment Debtor.

 

6. That it is pertinent to states that this Judgment Debtor has preferred a Revision Application under Section 21(b) of the Consumer Protection Act’ 1986, against the said Order dated 14^th day of September’ 2023, passed in the Appeal being no. A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, which is yet to be register as the same is lying under verification & scrutiny, in the Registry of the Hon’ble NCDRC, New Delhi.

 

7. That in the given facts and circumstances, the present execution proceeding is liable to stopped being dropped in terms of the said Order dated 14^th day of September’ 2023, passed in the Appeal being no. A/426/2019, by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, in the interest of administration of Justice.

 

8. That this application is made bonafide in the interest of administration of justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to dropped the present execution proceeding, in the interest of administration of justice, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Before the Hon’ble District Consumer Disputes Redressal Forum, at Baruipur, South 24 Parganas.

EA/77/2019

{ arising out of Complaint Case no. CC/25/2017 }

In the matter of :

Smt. Ranu Ghosh,

                   ________Decree Holder.

-      Versus –

Shri Ram Chandra Shaw,

          _______Judgment Debtor

AFFIDAVIT

Affidavit of Sri Ram Chandra Shaw, Son of Kapil Shaw, aged about _______years, by faith Hindu, by Occupation Business, Proprietor of Sarda Construction of East Baidya Para, Post Office & Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas;

I, the above deponent do hereby solemnly affirm and declare as under :

 

1.   That I am the Judgement Debtor No. 1, in the above referred Execution proceeding, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

 

2.    That the facts contained in my present application, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

 

3.   That the above statements of my declarations are true to my knowledge and belief.

 

 

                                                                                      DEPONENT

Verification

 

 

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, and no part of it is false and nothing material has been concealed therein.

Verified this ………….the day of …………….2023, at the Baruipur, South 24 Parganas.

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

                                                                   Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : __________________ 2023.

Place : Baruipur, South 24 Parganas.

N O T A R Y