Execution Application in Consumer Case

 

Before the Hon’bleDistrict Consumer Disputes Redressal Commission

South 24 Parganas

Baruipur, Kolkata - 700 144.

 

Execution Application No.              of 2024

 

                                                          In the matter of ;

An application under Section 71 and Section 72 of the Consumer Protection Act’ 2019; for enforcement of Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024 passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas, Baruipur, Kolkata - 700144;

                                                        

AND

 

 

In the matter of :

 

Sri Milan Ghosh, Son of Late Phani Bhusan Ghosh, aged about 47 years, residing at Sonarpur Gorkhara Badamtala, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas. Mobile No. : 9051530289.

                   ____Decree Holder

-      Versus –

 

1.   Joyguru Construction, a partnership firm, having its Registered office at Village – Gorkhara (Langal Para), Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

 

2.   Smt. Nandita Singh, Wife of Sri Ranjit Singh, residing at Village – Gorkhara (Langal Para), Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

 

3.   Sri Monoranjan Mondal, Son of Sri Arabinda Mondal, residing at Village – Gorkhara, Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

 

4.   4.A. Smt. Kalpana Paul Wife of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

 

5.   4.B. Bhramer Paul, Daughter of Late Mantu Paul, Wife of KartikBaidya, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

 

6.   4.C. Anjana Paul, Daughter of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

 

7.   4.D. Tanushri Paul, Daughter of Late Mantu Paul, residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

 

8.   4.E. Arijit Paul, Son of Late Mantu Paul,  residing at Village – GorkharaLangal Para, Post Office & Police Station – Sonarpur, District – South 24 Parganas, Kolkata – 700 150.

 

9.   6. Sri Nakul Paul, Son of Late PuliunBehari Paul, residing at Village – Gorkhara( Langal Para ), Post Office and Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas.

_____Judgment Debtors

 

 

Application under Section 71 & 72 of the Consumer Protection Act’ 2019; [ Enforcement and penalties for non-compliance of the Order & Judgment dated 14^th day of August’ 2024 passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas, Baruipur, Kolkata - 700144]

 

 

To,

The Hon’ble President and His Companion Members of the Hon’ble District Consumer Disputes Redressal Commission, South 24 Parganas.

 

The humble petition of the above named Complainant, most respectfully;

 

Sheweth as under :

 

1.   That the Decree Holder is a peace loving and law abiding Citizen of the Country. The Decree Holder is residing at the address as given in the cause title of the present execution application.

 

2.   That the Decree Holders have preferred a Consumer Complaint vide CC/143/2021, against the Judgment Debtors, before the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas. The said consumer Complaint has been finally decided on 14^th day of August’ 2024.

 

3.   That the operative portion of the Order & Judgment dated 14/08/2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, is reproduced as ;

“that the instant complaint case be and the same is hereby allowed on contest against the OP Nos.1 & 2 and ex-parte against the rest with cost of Rs.20,000/- (Rupees Twenty Thousand) only.

The OPs are jointly and severally liable and are directed to execute and register a proper Deed of Conveyance in favour of the complainant in respect of the scheduled flat within 45 days from the date of passing this order on receipt of the balance consideration amount on the day of registration of the Deed of Conveyance in default the complainant is at liberty to put the order into execution and get the Deed of Conveyance executed and registered through the machinery of this Commission depositing the balance consideration amount in the Consumer Welfare Fund / Legal Aid Fund.

The OPs are jointly and severally liable and are directed to hand over the possession letter to the complainant obtaining the same from the competent authority and to complete the incomplete work within 45 days from the date of passing this order before execution and registration of the Deed of Conveyance in default the cost and expenses to complete the incomplete works and to obtain the completion certificate will be adjusted from the balance consideration amount of Rs.2,28,181/-.

The OPs are jointly and severally liable and are directed to pay compensation of Rs.1,00,000/- (Rupees One Lakh) only for mental pain, agony and harassment caused to the complainant within 45 days from the date of passing this order.

The OPs are jointly and severally liable and are directed to pay litigation cost of Rs.20,000/- (Rupees Twenty Thousand) only within 45 days from the date of passing this order.”

4.   That the said Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24-Parganas, has been duly communicated to the Judgment Debtors, by the Learned Advocate of the Decree Holder.

 

Photostat copy of the Letter of Communication, with the Postal receipts and track report of the postal authority, are enclosing herewith and marked as Annexure –“A” Collectively.

 

5.   That the Judgment Debtors are well within the knowledge of the contents and purports of the said Order and Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas; But did not comply with the directions given upon the Judgment Debtors by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas; Thus the Decree Holder is not in receipt of anything which has ever been directed on the Judgment Debtors by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas.

 

6.   That the Judgment Debtors have not preferred any appeal against the said Order and Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, in terms of Section 41 of the Consumer Protection Act 2019, before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, in the statutory period and till date of the placing this present Execution application.

 

7.   That therefore the said Order and Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, is attained its finality in terms of the prescribed provisions of Section 68 of the Consumer Protection Act’ 2019.

 

8.   That the Decree Holder seeks enforcement of the said Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, in terms of the provisions prescribed under Section 71 and Section 72 of the Consumer Protection Act’ 2019.

 

9.   That unless the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, enforce the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, the Decree Holder will highly prejudice and suffer with irreparable loss and injury thereof.

 

10.                That this application is made bonafide and in the interest of administration of Justice.

 

11.                That the Decree Holder prays for the followings before the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas;

 

In the given facts & circumstances, the Decree Holder prayed that the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, would graciously be pleased to enforce the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019, 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.

 

 

 

 

 

Verification

I, Milan Ghosh, being the Decree Holder, made this application for execution being enforcement of the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019. I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my present execution application. I verify and sign this application on _______________’ 2024.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

I, Sri Milan Ghosh, Son of Late Phani Bhusan Ghosh, aged about 47 years, residing at Sonarpur Gorkhara Badamtala, Post Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24 Parganas, West Bengal, do hereby solemnly affirm and declare as follows;

 

1.   That I am being the Decree Holder, made this application for execution being enforcement of the Order and penalty for Non-Compliance of Order & Judgment dated 14^th day of August’ 2024, passed in CC/143/2021, by the Hon’ble District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas, against the Judgment Debtors, in terms of the prescribed provisions of Section 71 and Section 72 of the Consumer Protection Act’ 2019.

 

2.   That I am Competent to swear this affidavit. I am not suffering with any legal disability as emphasize in the Indian Contract Act’ 1872.

 

3.   That I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of my present execution application.

 

The above statements are true to my knowledge and belief.

 

 

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber,

 

 

Advocate

Date : _____________2024

Place :Baruipur                                                       NOTARY