District : South 24-Parganas.
Before the Hon’ble District
Consumer Disputes Redressal Forum, at Alipore, Kolkata – 700 027, South
24-Parganas.
Execution Application No. of 2015.
{ arising out of C.C. no. 605
of 2014 }
In
the matter of:
1. Shri
Prithwish Sarkar, Son of Shri Parimal Sarkar, residing at Flat no. B-703, Kumar
Pragati, NIBM Road, Kondhwa, Pune – 411048, Police Station – Kodhwa,
represented by his Constituted Attorney Shri Digendra Nath Roy, Son of Late
Mahendra Nath Roy, residing at premises being no. 35, School Road, Santoshpur,
Flat no.6, Kolkata – 700 075.
2. Smt.
Sangita Sarkar, Wife of Shri Prithwish Sarkar, residing at Flat no. B-703,
Kumar Pragati, NIBM Road, Kondhwa, Pune – 411048, Police Station – Kodhwa,
represented by his Constituted Attorney Shri Digendra Nath Roy, Son of Late
Mahendra Nath Roy, residing at premises being no. 35, School Road, Santoshpur,
Flat no.6, Kolkata – 700 075.
…DECREE HOLDERS / PETITIONERS
- Versus –
1.
M/s.
Greenhaven Realty Private Limited, having Registered Office at Premises being
no. GF -12, 1953, Rajdanga Main Road, (1st floor ), Kolkata – 700
107, Police Station - Kasba.
2.
Mr.
Biswanath Mondal, Son of not known, Chairman cum Managing Director and
Authorised Signatory, of M/s. Greenhaven Realty Private Limited,
a)
M/s.
Greenhaven Realty Private Limited, having Registered Office at Premises being
no. GF -12, 1953, Rajdanga Main Road, (1st floor ), Kolkata – 700
107, Police Station - Kasba.
b)
Residing
at Village – Purba Goyalbati kheyadaha, Sonarpur, South 24 Parganas, Kolkata –
743369.
3.
Mrs. Ira Mondal, wife of not known, Director of M/s. Greenhaven Realty Private Limited,
a)
M/s.
Greenhaven Realty Private Limited, having Registered Office at Premises being
no. GF -12, 1953, Rajdanga Main Road, (1st floor ), Kolkata – 700
107, Police Station - Kasba.
b)
Residing
at Village – Purba Goyalbati kheyadaha, Sonarpur, South 24 Parganas, Kolkata –
743369.
4.
Mr.
Sudipta Kumar Ghosh, Son of not known, Director of M/s. Greenhaven Realty
Private Limited,
a)
M/s.
Greenhaven Realty Private Limited, having Registered Office at Premises being
no. GF -12, 1953, Rajdanga Main Road, (1st floor ), Kolkata – 700
107, Police Station Kasba.
b)
Residing
at premises being no. C-181, Baisakhi Abasan Block AG, Salt Lake, Kolkata – 700
091.
… JUDGMENT DEBTORS / OPPOSITE PARTIES
An application under Section 25
and 27 of the Consumer Protection Act for the Execution of Order & Judgment
Dated 16th day of February’ 2015, passed by the Hon’ble District
Consumer Disputes Redressal Forum at Alipore, South 24-Parganas, in C.C. Case
no. 605 of 2014.
The humble petition
of the above named Decree Holders / Applicants, most respectfully;
Sheweth as under :-
1 : That the Petitioners got
the judgment in their favour on 16th day of February’ 2015, by
virtue of the judgment dated 16th day of February’ 2015, passed by
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24-Parganas,
in C.C. Case no. 605 of 2014.
2 : That the said judgment was
duly communicated to the judgment debtors / opposite parties, for compliance,
but the judgment debtors has not the complied the said judgment dated 16th
day of February’ 2015, passed by the Hon’ble District Consumer Disputes
Redressal Forum, at Alipore, South 24-Parganas, in C.C. Case no. 605 of 2014.
3 : That the Petitioners are
yet to get relief in terms of the judgment dated 16th day of
February’ 2015, passed by the Hon’ble State District Consumer Disputes
Redressal Forum at Alipore, South 24-Parganas, in C.C. Case no. 605 of 2014.
Since the judgment debtors / opposite parties, did not act in accordance with
the said judgment and their non performing activities has again deprived the
petitioners.
4 : That in the aforesaid
circumstances the proceedings for the execution of the judgment dated 16th
day of February’ 2015, passed by the Hon’ble State District Consumer Disputes
Redressal Forum at Alipore, South 24-Parganas, in C.C. Case no. 605 of 2014, is
very necessary to bring the enforcement of the judgment.
5 : That the following is
extract of the judgment dated 16th day of February’ 2015, passed by
the Hon’ble State District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas, in C.C. Case no. 605 of 2014, for the execution :-
“That the application under
Section 12 of the C.P. Act is allowed against O.Ps. The O.Ps are hereby
directed to pay Rs.6 lacs only within 30 days from the date of this order,
failing which further interest will carry @ 10% p.a. till its realization.
The O.Ps are further directed
to pay Rs. 1 lac towards compensation and Rs. 2,000/- towards litigation cost
within 30 days from the date of this order”.
6 : That a xerox of certified
copy of the Order and Judgment dated 16-02-2015, passed by the Hon’ble District
Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas, in C.C. no.
605 of 2014, is enclosing herewith and marked as Annexure – “A”.
7 : That the Decree Holders
communicated the said Order & Judgment dated 16th day of
February’ 2015, passed by the Hon’ble State District Consumer Disputes
Redressal Forum at Alipore, South 24-Parganas, in C.C. Case no. 605 of 2014,
through their Learned Advocate, vide Letter being Ref.: AKS / Legal / PS / 2980,
dated 20th day of February’ 2015, by Speed Post with A/D, to the
Judgment Debtors / Opposite Parties. The Xerox copy of the said Letter 20th
day of February’ 2015, the Postal receipts and Acknowledgments ( i.e. Track
Report ) are enclosing herewith and marked as Annexure – “B”.
8. That the Judgment Debtors /
Opposite Parties, received the said Letter dated 20th day of
February’ 2015, though did not communicate anything, and did not comply with
the Order and Judgment dated 16th day of February’ 2015, passed by
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24
Parganas, in C.C. no. 605 of 2014.
9 : That unless the Hon’ble
Forum execute the said judgment dated 16th day of February’ 2015,
passed by the Hon’ble District Consumer Disputes Redressal Forum at Alipore,
South 24-Parganas, in C.C. Case no. 605 of 2014, against the Judgment Debtors /
Opposite Parties, the petitioners would be highly prejudiced and affected
seriously.
10 : That this application is
made bona fide in the interest of administration of justice.
In the above
mentioned circumstances, it is prayed that your Honour would be graciously
pleased to execute the judgment dated 16th day of February’ 2015,
passed by the Hon’ble District Consumer Disputes Redressal Forum at Alipore,
South 24-Parganas, in C.C. Case no. 605 of 2014, against the Judgment Debtors /
Opposite Parties, in terms of the provisions of Section 25 and Section 27 of
the Consumer Protection Act, (as amended up to date ),
and / or to pass
such other or further 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, Shri
Digendra Nath Roy,
being the constituted attorney of Decree Holders / Petitioners, place this
application for the execution of the judgment dated 16th day of
February’ 2015, passed by the Hon’ble
District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas, in C.C. Case no. 605 of 2014, against the Judgment Debtors /
Opposite Parties, before the Hon’ble Forum, and duly verified this application
on ………………….……2015, at Alipore Judges’ Court.
Signature.
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : _______________2015.
Place
: Alipore Judges’ Court.
Affidavit
Affidavit of Shri
Digendra Nath Roy, Son of Late Mahendra Nath Roy, aged about ________years, by
faith Hindu, by Occupation retired from service, residing at premises being no.
35, School Road, Santoshpur, Flat no.6, Kolkata – 700 075.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1. That I am constituted attorney
of the Decree Holders / Petitioners, in the present petition for execution of
the Order and Judgment dated 16th day of February’ 2015, passed by
the Hon’ble Forum, in C.C. 605 of 2014.
2. That I am competent to swear
this affidavit.
3. That the facts contained in my Execution
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
…………….2013, at the Alipore Judges Court, Kolkata.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………2015.
Place : Alipore, Kolkata. N
O T A R Y
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