application in consumer execution case

 

District : South 24 Parganas.

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

 

Execution Application no. 35 of 2010.

In the matter of :

Dr. Arindam Rana, and another.

______Decree Holder / Petitioner.

 

-          Versus –

Shri Bappa Dutta.

          _____Judgment Debtor / Opposite Party.

 

The humble petition of the above named Judgment Debtor / Opposite Party, Shri Bappa Dutta, most respectfully;

Sheweth as under :

1.   That an application for execution, has been filed by the Decree Holders, for the execution of the Order and Judgment dated 07-04-2010, passed by the Hon’ble District Consumer Disputes Redressal Forum, Alipore, South 24 Parganas in C.C. no. 61 of 2009, against the Judgment Debtor / Opposite Party.

 

2.   That your petitioner states that your petitioner preferred an appeal under Section 15 of the Consumer Protection Act’ 1986, challenging the order and judgment dated 07-04-2010, passed by the Hon’ble District Consumer Disputes Redressal Forum, Alipore, South 24 Parganas in C.C. no. 61 of 2009, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, vide FA / 246 / 2010, and whereas upon the hearing of the parties of such appeal, the Hon’ble Commission passed the final order on 03-05-2011, which is as follows : “ For all the reasons as aforesaid we dispose of the appeal by modifying the impugned judgment and order only to the effect that the complainant would produce the original deed of agreement dated 21^st June’ 2007, for the purpose of impounding of the same upon payment of proper stamp duty as would be required on a deed of conveyance in respect of the flat in question as mentioned in the schedule to the aforesaid agreement by the following the procedure prescribed therefor. The complaint case thus shall stand allowed with all the directions as made by the forum below with the modification as above, indicated herein. It is made clear that upon filing of the said original agreement dated 21^st June’ 2007, by complainant, the steps would be taken for impounding of the said agreement for sale by payment of proper stamp duty. The complaint case is thus sent back on remand to the District Forum below for the purpose of production of the aforesaid original agreement for sale dated 21^st June’ 2007, by the complainant and for impounding of the same upon payment of proper stamp duty by following the procedure prescribed therefor.”

 

“A”     { copy of the Order dated 03-05-2011, passed by the Hon’ble State Commission, in FA / 246 / 2010, is enclosing herewith and marked as Annexure – “A” }

 

 

3.   That your petitioner states that thereafter the Decree Holders challenging the order of the Hon’ble State Commission, filed one Revisional Application being as Revision Petition no. 2317 of 2011, before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, and whereas on 11^th April’2013, the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, passed the following order : “On 18.2.2013, this Commission passed the following order; earned counsel for the petitioner seeks further time to place on record the original agreement as referred to by the State Commission in the impugned order. Petitioner has been enjoying the ex parte stay from 25th November, 2011. In the interest of justice last opportunity is granted to the petitioner to file the original agreement within four weeks with copy to the counsel for the respondent, subject to payment of cost of Rs.10,000/- which shall be paid to the respondent directly by way of demand draft. In case the petitioner fails to deposit the cost within the stipulated period, the revision petition shall stand dismissed automatically without any further orders. Stand over to 11th April, 2013. Today, learned counsel for petitioner states that petitioner is not in a position to pay the adjournment cost of Rs.10,000/-. Moreover, he is unable to place on record original agreement as the same is with the Investigating Officer. On 25.11.2011 at the time of admission hearing, an ex parte stay was granted in favour of the petitioner. Thereafter, on 31.7.2012 counsel for the petitioner undertook to file copy of agreement to sale which was filed before the District Forum within two weeks. Till date, petitioner has not filed that agreement which has been referred by the State Commission also in its impugned order. Since. petitioner has not filed the documents nor he has paid the adjournment cost of Rs.10,000/- and petitioner has been delaying the matter on one pretext or the other, under these circumstances, the present revision petition stands dismissed for non-prosecution. Parties shall bear their own cost.”

 

 

“B”     { copy of the order dated 11-04-2013, passed by the Hon’ble NCDRC, in Revision Petition no. 2317 of 2011, is enclosing herewith and marked as Annexure – “B” }

 

 

4.   That your petitioner states that your petitioner also preferred one Revisional application before the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, vide Revision Petition No. 807 of 2012, challenging the order of the Hon’ble State Commission, W.B., and whereas your petitioner withdrawn the said revisional application as on 24^th day of July’ 2013.

 

 

“C”     { copy of the Order dated 24-07-2013, passed by the Hon’ble NCDRC, in Revision Petition no. 807 of 2012, is enclosing herewith, and marked as Annexure – “C” }

 

 

5.   That your petitioner states and submits that in view of facts and circumstances of the proceedings before the Hon’ble National Commission, the Order of the Hon’ble State Commission is only stand for the compliance in accordance with the prescribed procedure of law.

 

6.   That your petitioner states and submits that unless the Order and Judgment dated  07-04-2010, in C.C. no. 61 of 2009, is complied with the directions of the Hon’ble State Commission’s Order dated 03-05-2011, in FA / 246 / 2010, the present Execution Application being no. 35 of 2010, can not be acted upon and thus failed to proceed therewith.

 

 

7.   That your petitioner state and submits that your petitioner seeks the dismissal of the present execution proceedings against him, in view of the order dated 03-05-2011, passed by the Hon’ble State Commission, in FA / 246 / 2010.

 

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

 

 

It is therefore prayed that your Honour would be graciously pleased to allow this application and dismissed the present execution proceedings against the Judgment Debtor, 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.

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

I, Shri Bappa Dutta, Son of Shri Narendra Nath Dutta, aged about _______ years, by faith Hindu, by Occupation Business, beinf the Proprietor of M/s. ASmbika Property, having it’s office at premises being no. 57 / 1F, Netaji Subhas Chandra Bose Road, Police Station – Regent Park, Kolkata – 700 040, do hereby solemnly affirm and says as follows :

1.   That I being the Judgment Debtor, petitioner herein, competent to swear this affidavit.

 

2.   That I made this present application for the dismissal of the execution proceedings against me.

 

3.   That the statements being para no. ________ to _______ are true as derived from the record of the proceedings, and the rests are my humble submissions before the Hon’ble Forum.

The above statements are true to my knowledge and belief.

 

 

 

 

 

DEPONENT

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : ________________2013.

Place : Alipore Judges Court.                                                      NOTARY