BEFORE THE HON’BLE WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, KOLKATA
Kreta Suraksha Bhawan
11A, Mirza Ghalib Street
Kolkata – 700087
Execution
Application No. 88 of 2024
(Arising out of CC/377/2014)
IN THE MATTER OF:
Sri Sujay Bakshi & Anr.
… Decree Holders
-
Versus -
The Branch Manager, State Bank of India & Anr.
…
Judgment Debtors
APPLICATION FOR (i) RELEASE OF AMOUNT LYING WITH
SCWF AND (ii) DIRECTION FOR PAYMENT OF BALANCE DECRETAL DUES IN TERMS OF ORDER
PASSED BY THE HON’BLE NCDRC, NEW DELHI
MOST RESPECTFULLY SHEWETH:
- That
the present execution proceeding has been initiated by the Decree Holders
for enforcement of the Judgment dated 19.04.2024 passed in CC/377/2014.
- That
during the pendency of the present execution proceeding, the Judgment
Debtor No. 1 preferred a First Appeal being No. NC/FA/971/2024 before the
Hon’ble National Consumer Disputes Redressal Commission, New Delhi.
- That
the Hon’ble NCDRC was pleased to dispose of the said appeal by Order dated
28.07.2025, whereby the
earlier order of this Hon’ble Commission was partially modified, inter alia, holding that:
(i) The Decree Holders
are entitled to:
(a) Interest @ 12% p.a.
on Rs. 18,00,000/- (for 27.09.2014 to 08.02.2015)
(b) Compensation of Rs.
2,00,000/-
(c) Litigation cost of
Rs. 10,000/-
(ii) The liability of OP
No. 2 (SBI) and OP No. 3 (now Punjab National Bank) is joint and several
(iii)
Payment
to be made within 30 days, failing which the amount shall carry interest @ 15% p.a.
Photostat server copy
of the Order dated 28.07.2025, passed
in First Appeal No. NC/FA/971/2024, by the Hon’ble NCDRC, New Delhi, is annexed
herewith and marked as Annexure “A”.
- That
it is pertinent to state that during the pendency of the said appeal, the
Judgment Debtor No. 1 (State Bank of India) deposited:
(i)
Rs.
79,891/- and
(ii) Rs. 10,000/-
on 22.05.2025 with the State Consumer Welfare Fund (SCWF),
which is duly recorded in the Order dated 26.05.2025 passed by this Hon’ble
Commission.
Photostat server copy
of the Order dated 26.05.2025 passed by this Hon’ble Commission, is annexed
herewith and marked as Annexure – “B”.
- That
the said amount has been deposited for and on behalf of the Decree Holders
and is rightfully payable to them,
but the same is still lying with the SCWF.
- That
in view of the subsequent final adjudication by the Hon’ble NCDRC, the
Decree Holders are legally entitled to:
(i)
Release
of the deposited amount from SCWF; and
(ii) Payment of the entire remaining decretal dues,
including compensation of Rs. 2,00,000/- along with interest @ 15% p.a. (as applicable upon default), till
realization.
- That
despite lapse of the stipulated period as directed by the Hon’ble NCDRC,
the Judgment Debtors have failed
and neglected to comply with the modified order and have not paid
the balance amount.
- That
the conduct of the Judgment Debtors is deliberate, willful and contumacious, and they continue to be
liable under execution jurisdiction of this Hon’ble Commission.
- That
the Decree Holders are suffering financial loss and harassment due to
non-payment of the decretal dues despite final adjudication.
In the facts and
circumstances stated above, the Decree Holders most humbly pray that Your
Hon’ble Commission may graciously be pleased to;
a) Direct the appropriate authority of SCWF
to release the sum of Rs. 79,891/- and Rs. 10,000/- (as deposited by SBI) in
favour of the Decree Holders upon proper verification;
b) Direct the Judgment Debtors jointly and
severally to pay the balance decretal amount in terms of the Order dated
28.07.2025 passed by the Hon’ble NCDRC, including Compensation of Rs.
2,00,000/- and Applicable interest @ 15% per annum upon default till
realization to the Decree Holders;
c) Pass necessary
directions for expeditious compliance
and enforcement of the said order;
d) Pass such further
or other order(s) as this Hon’ble Commission may deem fit and proper in the
interest of justice.
AND FOR THIS
ACT OF KINDNESS, THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY.
VERIFICATION
We,
Sri Sujay Bakshi and Smt. Lila Bakshi, the Decree Holders above named, do
hereby verify that the statements made hereinabove are true to our knowledge
and belief.
Verified
at Kolkata
Dated:
26th day of March’ 2026
DEPONENTS
AFFIDAVIT
Affidavit of
Sri SujayBakshi, Son of Sri Gour Chandra Bakshi, aged about _____years, by
faith Hindu, by Occupation Driver, residing at premises being no. 11,
HarekrishnaKongar Lane, Kalipur, Police Station – Parnasree, Kolkata – 700061,
and Smt. Lila Bakshi, Wife of Sri SujayBakshi, aged about _____years, by faith
Hindu, by Occupation House Wife, residing at premises being no. 11,
HarekrishnaKongar Lane, Kalipur, Police Station – Parnasree, Kolkata – 700061;
We the above
named deponent do hereby solemnly affirm and declare as under :-
1. That we are being
the Decree Holders, in the present Execution Application. We are well
conversant and acquainted with the material facts of the execution proceeding.
2. That we are
conversant and acquainted with the material facts as stated in the foregoing
paragraphs of our present execution application.
3. That the facts
contained in our 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 our knowledge and belief.
Verification
We, the above
named deponents do hereby solemnly verify that the contents of our above
affidavit are true and correct to our knowledge, and no part of it is false and
nothing material has been concealed therein.
Verified this 26th
the day of March’ 2026, at Kolkata
DEPONENTS
Identified
by me,
Advocate
Prepared in my
Chamber,
Advocate
Dated : 26th
day of March’ 2026
Place :
Kolkata. N
O T A R Y
No comments:
Post a Comment