District : South 24 Parganas.
Before the Hon’ble District Consumer
Disputes Redressal Forum, at Baruipur, South 24 Parganas.
Execution
Application no. 250 of 2013.
{ arising out of CC / 233 / 2013 }
In the matter of :
Shri Animesh Chakraborty,
__________Decree Holder.
-
Versus –
M/s.
Ghosh Brothers Automobile ( India ) Pvt. Limited. And others.
_________Judgment Debtors.
An application for getting back the
vehicle from the Decree Holder in accordance with order & judgment dated
27-09-2013, passed by the Hon’ble Forum, in CC / 233 / 2013.
The
humble petition on behalf of the Judgment Debtor no.1, M/s. Ghosh Brothers
Automobile ( India ) Pvt. Limited, most respectfully ;
Sheweth as under :
1.
That the Judgment Debtor no. 1, states
that the Judgment Debtor no.1, M/s. Ghosh Brothers Automobile ( India ) Pvt.
Limited, is represented by it’s authorized representative Shri Lakshman
Chhetri, Son of Buddhi Bahadur Chhetri, aged about 39 years, by faith Hindu, by
occupation Service, residing at premises being 1 No. Nadibag, Mollapara Gate,
Degberia, Post Office – Badu, Police Station – Madhyamgram, Kolkata – 700 128,
District – North 24 Parganas, in the present proceeding.
2.
That the Judgment Debtor no. 1, states
that the present proceeding is arising out of CC/ 233 / 2013, for the
compliance of Order and Judgment dated 27-09-2013, passed by the Hon’ble
District Consumer Disputes Redressal Forum, South 24 Parganas, in CC / 233 /
2013. The extract of the relevant portion of such judgment reproduced below
herein :
“
That the case being C.C. no. 233 of 2013 be and the same is decreed on contest
against O.P. – 1 and exparte against rest with cost payable by O.P. nos. 1 and
2.
The
O.P. nos. 1 and 2 are directed to refund the sum of Rs. 1,82,014/- to the
complainant and to take back the vehicle from the complainant in as its
condition, to pay cost of Rs. 10,000/- and compensation to the tune of Rs.
5,00,000/- totaling to Rs. 6,92,014 rounded up to Rs. 6,92,000/- to the
complainant within one month from this day, failing which, the entire amounts
shall carry on interest @ 10% p.a. from the date of default till realization.”
3.
That the Judgment Debtor no. 1, states
that the Judgment Debtor no.1, preferred an appeal against such Order &
Judgment dated 27.09.2013, before the Hon’ble State Consumer Disputes Redressal
Commission, West Bengal, through it’s employee, vide appeal being no. FA / 1149
/ 2013 { M/s. Ghosh Brothers Automobile
( India ) Pvt. Limited. – Versus – Animesh Chakraborty and others } and whereas
stay of the present proceeding granted by the Hon’ble Commission, and the
appeal was admitted for final hearing before the Hon’ble State Commission, but
due to latches of the said employee and the Learned Advocate appointed by him
on behalf of the Judgment Debtor no.1, herein, the said appeal was dismissed
for default, on 08-05-2015, and therefore the said purported order and judgment
dated 27-09-2013, came into its existence for compliance by the Judgment Debtor
no.1, herein before the Hon’ble Forum.
4.
That the Judgment Debtor no. 1, states
that the Judgment Debtor no.1, thereafter also not proper on record due to
latches of such employee, who authorized to look after the present proceeding,
and consequently on 16-09-2015, warrant of arrest was directed by the Hon’ble
Forum against the Judgment Debtor no.1, herein in the name of it’s Directors
Pratul Kumar Ghosh and Pranab Kumar Ghosh, and thereafter the dates in the
present proceeding followed as for execution report of warrant of arrest.
5.
That the Judgment Debtor no. 1, states
that as nothing has been properly communicated by the said employee to the
company, the company was not in the proper knowledge of the present proceeding.
6.
That the Judgment Debtor no. 1, states
that the Judgment Debtor no.1, on being came into knowledge of the warrant of
arrest issued by the Hon’ble Forum, the Judgment Debtor no.1, authorized it’s
person to appear before the Hon’ble Forum, in the present proceeding and to
comply with the Order & Judgment dated 27-09-2013, passed by the Hon’ble
Forum, in CC / 233 / 2013.
7.
That the Judgment Debtor no. 1, states
that in pursuance of Order & Judgment dated 27-09-2013, passed by the
Hon’ble Forum, in CC / 233 / 2013, the Judgment Debtor submitted Demand Draft
in favour of the decree holder ANIMESH CHAKRABORTY, in the following manner :
a)
Demand Draft being no. dated , for Rs. 6,92,000/- ( Rupees
Six Lakhs and Ninety Two Thousand ) only. { the total amount as directed }.
b)
Demand Draft being no. dated , for Rs. 1,44,200/- ( Rupees
One Lakh and Forty Four Thousand and Two hundred ) only. { being amount of
interest as directed }.
8.
That the Judgment Debtor no. 1, states
and submits that the following are the manner of calculation of interest amount
in accordance with the direction of the Hon’ble Forum in CC / 233 / 2013, vide
Order & Judgment dated 27-09-2013 :
“
The O.P. nos. 1 and 2 are directed to refund the sum of Rs. 1,82,014/- to the
complainant and to take back the vehicle from the complainant in as its
condition, to pay cost of Rs. 10,000/- and compensation to the tune of Rs.
5,00,000/- totaling to Rs. 6,92,014 rounded up to Rs. 6,92,000/- to the
complainant within one month from this day, failing which, the entire amounts
shall carry on interest @ 10% p.a. from the date of default till realization.”
Therefore
for entire year of 2014 – 10% per annum become Rs. 69,200/- ( Rupees Sixty Nine
Thousand and Two Hundred ) only.
And
for the entire year of 2015 - 10% per annum become Rs. 69,200/- ( Rupees Sixty
Nine Thousand and Two Hundred ) only.
And
for the month of November and December for the year 2013 – for two months only
– Rs. 5,800/- ( Rupees Five Thousand and Eight hundred ) only.
Totaling
of Rs. 1,44,200/- ( Rupees One Lakh and Forty Four Thousand and Two Hundred )
only.
9.
That the authorized person of the
Judgment Debtor no.1, is seeking to take back the said Vehicle from the Decree
Holder with all the Original Paper and with the necessary paper for the
transferring the name of such vehicle from the decree holder to the Judgment
Debtor no.1, in accordance with the Order & Judgment dated 27-09-2013,
passed by the Hon’ble Forum in CC / 233 / 2013, in the interest of
administration of justice.
10.
That the authorized person of the
Judgment Debtor no.1, states and submits that unless the Hon’ble Forum, direct
the decree holder to return the said Vehicle from the Decree Holder with all
the Original Paper and with the necessary paper for the transferring the name
of such vehicle from the decree holder to the Judgment Debtor no.1, in
accordance with the Order & Judgment dated 27-09-2013, passed by the
Hon’ble Forum in CC / 233 / 2013, will highly prejudice and suffer with
irreparable loss and injury.
11.
That the authorized person of the Judgment
Debtor no.1, states and submits that the balance of convenience and
inconvenience is in favour of the Judgment Debtor no. 1, and the Decree Holder
will not prejudice in any manner.
12.
That the authorized person of the
Judgment Debtor no.1, states and submits that the Judgment Debtor no.1, is
entitle to get substantial justice and equity before the Hon’ble Forum, as the
compliance has been occurred, in the present proceeding before the Hon’ble
Forum.
13.
That the authorized person of the
Judgment Debtor no.1, states and submits that the prayer of the Judgment Debtor
no.1, are in accordance with the natural justice.
14.
That this application is made bonafide
in the interest of administration of justice.
It
is therefore prayed that the Hon’ble Forum, would graciously be pleased to
allow this application and to direct the Decree Holder to return the said
Vehicle from the Decree Holder with all the Original Paper and with the
necessary paper for the transferring the name of such vehicle from the decree
holder to the Judgment Debtor no.1, in accordance with the Order & Judgment
dated 27-09-2013, passed by the Hon’ble Forum in CC / 233 / 2013, in the
interest of administration of justice, and or to pass such other necessary
order or orders or further order or orders as the Hon’ble Forum, may deem, fit,
and proper in the interest of administration of justice.
And for this act of kindness, the
Petitioner, as in duty bound shall ever pray.
Verification
I, Shri Lakshman Chhetri, being the
authorized person of the Judgment Debtor no.1, herein in the present proceeding
before the Hon’ble Forum, made this application. I am conversant with the
material facts as stated in my application and I acquainted thereof. I verify
and sign this application as on 31st day of December’ 2015, at
Baruipur.
Shri Lakshman Chhetri,
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Date : 31st day of
December’ 2015.
Place : Baruipur.
District : South 24 Parganas.
Before the Hon’ble State Consumer
Disputes Redressal Forum, at Baruipur, South 24 Parganas.
Execution
Application no. 250 of 2013
{ arising out of CC /
233 / 2013 }
In the matter of :-
Shri
Animesh Chakraborty,
……Decree Holder.
-
Versus
–
M/s.
Ghosh Brothers Automobile ( India ) Pvt. Limited. And others,
………Judgment Debtors.
AFFIDAVIT
Affidavit
of Shri
Lakshman Chhetri, Son of Buddhi Bahadur Chhetri, aged about 39 years, by faith
Hindu, by occupation Service, residing at premises being 1 No. Nadibag,
Mollapara Gate, Degberia, Post Office – Badu, Police Station – Madhyamgram,
Kolkata – 700 128, District – North 24 Parganas.
I,
the above deponent do hereby solemnly affirm and declare as under :-
1
: That I am being the Authorized Person of the Judgment Debtor no.1, M/s.
Ghosh Brothers Automobile ( India ) Pvt. Limited., in the above Execution proceeding, thoroughly
conversant with the facts and circumstances of the present proceeding and am
competent and authorized to swear this affidavit.
2
: That the facts contained in my accompanying 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.
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 …………….2015, at Baruipur.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
: 31st day of December’ 2015.
Place
: Baruipur.
N O T A R Y
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