District : South 24-Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas.
Execution Application
no…………..of 2013.
(
arising out of C.C. Case no. 95 of 2011 ).
In the matter of :-
Shri Sandip Sarkar,
Son of Late Nilesh Sarkar, of 35/15, Santiram Road, Bally, Howrah, Pin –
711201.
______Decree Holder
/ Applicant / Petitioner.
-
Versus
–
1. Royal Bank of Scotland N.V.,
Hansalaya Building, 15, Barkhambha Road, New Delhi – 1100001.
2. M/s. K.K. Advisory Services,
having it’s office at 221, 2nd Floor, Jodhpur Garden, Lake
Gardens, Kolkata - 700045
__________ Judgment
Debtors / Respondents / Opposite Parties.
An
application under Section 25 and 27 of the Consumer Protection Act for the
Execution of Order & Judgment Dated 13th day of June’ 2013,
passed by the Hon’ble District Consumer Disputes Redressal Forum at Alipore,
South 24-Parganas, in C.C. Case no. 95 of 2011.
The humble petition
of the above named Decree Holders / Applicant, most respectfully;
Sheweth
as under
:-
1 : That the Petitioner got the
judgment in his favour on 13th day of June’ 2013, by virtue of the
judgment dated 13th day of June’ 2013, passed by the Hon’ble
District Consumer Disputes Redressal Forum, at Alipore, South 24-Parganas, in
C.C. Case no. 95 of 2011.
2 : That the said judgment was
duly communicated to the judgment debtor / opposite parties, for compliance,
but the judgment debtor has not the complied the said judgment dated 13th
day of June’ 2013, passed by the Hon’ble District Consumer Disputes Redressal
Forum, at Alipore, South 24-Parganas, in C.C. Case no. 95 of 2011.
3 : That the Petitioner is yet
to get relief in terms of the judgment dated 13th day of June’ 2013,
passed by the Hon’ble State District Consumer Disputes Redressal Forum at
Alipore, South 24-Parganas, in C.C. Case no. 95 of 2011. Since the judgment
debtor / opposite parties, did not act in accordance with the said judgment and
their non performing activities has again deprived the petitioner.
4 : That in the aforesaid
circumstances the proceedings for the execution of the judgment dated 13th
day of June’ 2013, passed by the Hon’ble State District Consumer Disputes
Redressal Forum at Alipore, South 24-Parganas, in C.C. Case no. 95 of 2011, is
very necessary to bring the enforcement of the judgment.
5 : That the following is
extract of the judgment dated 13th day of June’ 2013, passed by the
Hon’ble State District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas, in C.C. Case no. 95 of 2011, for the execution :-
“That the petition of complaint
is allowed on contest against the O.P.s with a cost of Rs. 10,000/-. The O.P. –
1, is directed to issue no due certificate to the Complainant in respect of the
subject credit card on receipt of Rs. 13,300/- in a lump from the complainant,
within a month from this day.
O.P.s are also directed to
return the post dated cheques deposited by the complainant to O.P.-2.
The O.P.s are further directed
to pay a compensation of Rs. 15,000/- to the complainant for his harassment and
mental agony within the time stipulated above, failing which the entire sum of
Rs. 25,000/- will carry interest @ 9 % p.a. till realization.
Complaint is directed to pay
Rs. 13,300/- to the O.P. -1”
6 : That the Xerox Certified
Copy of the judgment dated 13th day of June’ 2013, passed by the
Hon’ble State District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas, in C.C. Case no. 95 of 2013, is enclose herewith and marked as
Annexure “A”.
7 : That the Decree Holder
communicated and complied with the Order dated 13th day of June’
2013, passed by the Hon’ble State District Consumer Disputes Redressal Forum at
Alipore, South 24-Parganas, in C.C. Case no. 95 of 2011, give a Cheque being
no. 818602, dated 08-07-2013, drawn on HDFC BANK, Constantia Building, 11, Dr.
U.N. Brahmachari Street, Kolkata – 700 017, for an amount of Rs. 13,300/.- (
Rupees Thirteen Thousand and Three Hundred ) only, in favour of The Royal Bank
of Scotland N.V., and sent through his
Learned Advocate Shri Rabindra Nath Das, vide Letter dated 6th day
of July’ 2013, by Speed Post with A/D, Xerox copy of the said Letter dated 6th
day of July’ 2013, copy of the said cheque, and the Postal receipts and
Acknowledgments are enclosing herewith and marked as Annexure – “B”.
8. That the Judgment Debtor /
Opposite Party no.1, received the said Letter dated 6th day of July’
2013, as on 8th day of July’ 2013, though did not communicate anything,
and did not comply with the Order and Judgment dated 13th day of
July’ 2013.
9 : That unless the Hon’ble
Forum execute the said judgment dated 13th day of June’ 2013, passed
by the Hon’ble District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas, in C.C. Case no. 95 of 2011, against the Judgment Debtor /
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 13th day of June’ 2013, passed
by the Hon’ble District Consumer Disputes Redressal Forum at Alipore, South
24-Parganas, in C.C. Case no. 95 of 2011, against the Judgment Debtor /
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, Sri Sandip Sarkar, Decree
Holder / Applicant, place this application for the execution of the judgment
dated 13th day of June’ 2013, passed by the Hon’ble District Consumer Disputes Redressal Forum at
Alipore, South 24-Parganas, in C.C. Case no. 95 of 2011, against the Judgment
Debtor / Opposite Parties, before the Hon’ble Forum, and duly verified this
application on ………………….……2013, at Alipore Judges’ Court.
Signature.
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : _____________2013.
Place
: Alipore Judges’ Court.
Affidavit
Affidavit
of Shri Sandip Sarkar, Son of Late Nilesh Sarkar, aged about 43 years, by faith
Hindu, by Occupation Service, by Citizenship Indian, residing at premises no.
53 / 15, Santiram Road, Bally, Howrah.
I,
the above deponent do hereby solemnly affirm and declare as under :-
1.
That I am the Decree Holder /
Petitioner, in the present petition for execution of the Order and Judgment
dated 13-06-2013, passed by the Hon’ble Forum, in C.C. 95 of 2011.
2.
That I am competent to swear this
affidavit.
3.
That the facts contained in my
complaint / 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
:……………2013.
Place
: Alipore, Kolkata. N
O T A R Y
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