Sunday, August 9, 2026

application under Section 72 of the Consumer Protection Act 2019

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal

Khadya Bhawan, 11A, Mirza Ghalib Street,

Kolkata – 700 087.

 

I.A. No. _________of 2026

IN

Execution Application No. 16 of 2026

(Arising out of Consumer Case No. SC/19/CC/263/2020)

 

In the matter of:

 

Shri Sanjib Das, Son of Late Sankar Chandra Das, Residing at Premises No. Block – E6, Tagore Park, Ward No. 10, Kolkata – 700039, District – South 24 Parganas, West Bengal.

 

Decree Holder / Applicant

 

 

-      Versus –

 

1.   M/s. Riverbank Developers Private Limited, Having its Office at: Premises No. 225C, A.J.C. Bose Road, 4th Floor, Kolkata – 700020, District – Kolkata, West Bengal.

 

2.   M/s. Riverbank Developers Private Limited, Having its Office at: Premises No. 227, A.J.C. Bose Road, Block – B, 4th Floor, Kolkata – 700020,
District – Kolkata, West Bengal.

Judgment Debtors / Opposite Parties

 

 

APPLICATION UNDER SECTION 72 OF THE CONSUMER PROTECTION ACT, 2019;

 

FOR INITIATION OF PENAL PROCEEDINGS AGAINST THE JUDGEMENT DEBTORS FOR WILFUL, DELIBERATE AND CONTUMACIOUS NON-COMPLIANCE OF THE FINAL ORDER PASSED BY THIS HON'BLE COMMISSION

 

To,

The Hon’ble President and His Companion Members of the State Consumer Disputes Redressal Commission, West Bengal;

 

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

Sheweth as under ;

 

1.   That the Applicant herein is the original Complainant and Decree Holder in Consumer Complaint No. SC/19/CC/263/2020, which was finally adjudicated by this Hon’ble State Consumer Disputes Redressal Commission, West Bengal, after full consideration of pleadings, documents and evidence placed on record.

 

2.   That by a reasoned and speaking Order & Judgment dated 11.06.2025, this Hon’ble Commission was pleased to allow the said Consumer Complaint ex-parte, upon being fully satisfied that the Judgment Debtors had indulged in unfair trade practices and deficiency in service, and were liable jointly and severally to compensate the Applicant.

 

3.   That under the said Order & Judgment dated 11.06.2025, the Judgment Debtors were directed to refund a sum of Rs. 24,22,603/-, to pay Rs. 50,000/- towards compensation for mental agony and harassment, and Rs. 30,000/- towards litigation cost, within a period of one month from the date of the order, failing which interest @ 7% per annum was made payable till full realization.

 

4.   That the Consumer Complaint was decided ex-parte not due to lack of notice, but solely because the Judgment Debtors, despite entering appearance and filing their Written Versions, deliberately chose to abstain from trial proceedings, thereby abusing the process of law and frustrating adjudication.

 

5.   That subsequent to the pronouncement of the judgment, it came to light that the order contained certain typographical errors relating to the refundable amount, which necessitated filing of a Review Application being SC/19/RA/20/2025 by the Applicant, strictly limited to clerical correction.

 

6.   That this Hon’ble Commission, upon being satisfied that the errors were purely clerical in nature, was pleased to allow the Review Application by Order No. 17 dated 09.10.2025, thereby correcting and clarifying the payable amounts, and rendering the decree final, executable and free from ambiguity.

 

7.   That despite the lapse of more than the statutory period of compliance from the date of the original judgment as well as from the correction order, the Judgment Debtors have failed, neglected and refused to comply with the lawful directions of this Hon’ble Commission.

 

8.   That the Judgment Debtors have not preferred any appeal, revision or challenge against either the original Order dated 11.06.2025 or the correction Order dated 09.10.2025, nor have they obtained any stay from any competent forum, and as such, the decree has attained finality and enforceability.

 

9.   That in a last attempt to secure voluntary compliance, the Applicant caused issuance of a Legal Notice dated 26.12.2025, sent through Registered Post / Speed Post / Courier / E-mail, calling upon the Judgment Debtors to comply with the decree within fifteen days, which notice was duly served and received.

 

Photostat copy of Legal Notice dated 26/12/2025, along with postal receipts and postal track report are collectively enclosing herewith and marked as Annexure – “A”.

 

10.                That even after receipt of the said legal notice, the Judgment Debtors neither replied nor complied, which clearly establishes their willful and deliberate intention to disobey the lawful order of this Hon’ble Commission.

 

11.                That the continued non-compliance by the Judgment Debtors is not accidental, inadvertent or due to financial incapacity, but is conscious, calculated and contumacious, amounting to civil contempt in substance and attracting penal consequences under the Consumer Protection Act, 2019.

 

12.                That the Judgment Debtors are private limited companies carrying on business from prime commercial locations in Kolkata, and are financially sound, yet have chosen to flout the decree, thereby demonstrating mens rea and mala fide intent to defeat the rights of the consumer.

 

13.                That the Decree Holder, being gravely aggrieved by the wilful, deliberate and continuous non-compliance of the Order & Judgment dated 11.06.2025, as subsequently corrected and clarified by Order No. 17 dated 09.10.2025, passed by this Hon’ble State Consumer Disputes Redressal Commission, West Bengal in Consumer Case No. SC/19/CC/263/2020, has been constrained to invoke the execution jurisdiction of this Hon’ble Commission. The Decree Holder begs to move the present application under the prescribed provisions of Sections 72 of the Consumer Protection Act, 2019, seeking penal action for wilful disobedience, on the following grounds, amongst others, as the Judgment Debtors have failed, neglected and refused to comply with the lawful directions of this Hon’ble Commission despite lapse of the statutory period, correction of clerical errors, service of legal notice and absence of any stay or challenge, thereby rendering themselves liable to coercive execution and penal consequences under the Act

 

GROUNDS

 

I.             Because the Order & Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, passed in SC/19/CC/263/2020, has attained finality, no appeal or stay having been preferred by the Judgment Debtors, and is therefore binding and executable in law;

 

II.           Because the Judgment Debtors were granted sufficient opportunity to contest the Consumer Complaint, had entered appearance and filed Written Versions, yet deliberately abstained from trial proceedings, leading to an ex-parte adjudication on merits, which cannot now be avoided at the execution stage;

 

III.          Because the directions issued by this Hon’ble Commission are clear, specific and unambiguous, mandating refund, compensation and litigation cost within a stipulated period, leaving no scope for interpretation or confusion on the part of the Judgment Debtors;

 

IV.         Because the correction Order dated 09.10.2025 merely rectified clerical and typographical errors and did not alter the substantive liability of the Judgment Debtors, and therefore the decree remains fully enforceable from the date of the original judgment;

 

V.           Because despite expiry of the statutory compliance period and lapse of several months thereafter, the Judgment Debtors have failed and neglected to make payment of even a single rupee, which by itself establishes deliberate and willful non-compliance;

 

VI.         Because the Judgment Debtors have not approached this Hon’ble Commission or any superior forum seeking extension of time, modification, recall or stay of the order, thereby demonstrating conscious disregard for the authority of this Hon’ble Commission;

 

VII.        Because the Legal Notice dated 26.12.2025, served through Registered Post / Speed Post / Courier / E-mail, calling upon the Judgment Debtors to comply within fifteen days, was wilfully ignored, further reinforcing their contumacious conduct;

 

VIII.      Because the Judgment Debtors are private limited companies operating from prime commercial locations and are financially capable of satisfying the decree, and their plea of inability, if any, is false, illusory and untenable;

 

IX.         Because the prolonged non-payment has caused grave financial loss, mental agony and harassment to the Applicant, defeating the very object of consumer protection and speedy redressal envisaged under the Consumer Protection Act, 2019;

 

X.           Because Section 72 of the Consumer Protection Act, 2019 mandates penal consequences, including imprisonment and fine, for failure to comply with the lawful orders of the Consumer Fora, and the conduct of the Judgment Debtors squarely attracts the said provision;

 

XI.         Because wilful disobedience of consumer decrees undermines the dignity and effectiveness of this Hon’ble Commission, and unless stringent action is taken, errant traders would be encouraged to treat consumer orders as inconsequential;

 

XII.       Because the present execution application is filed bona fide, within limitation, and in the interest of justice, equity and good conscience;

 

XIII.      Because no prejudice shall be caused to the Judgment Debtors by execution of a lawful and final decree, whereas grave and irreparable injury shall be caused to the Applicant if execution is delayed any further.

 

14.                That the Applicant has been deprived of his hard-earned money for an unconscionably long period and has suffered severe financial hardship, mental agony and harassment solely due to the deliberate acts of the Judgment Debtors.

 

15.                That the Decree Holder respectfully submits that although the Final Order/Judgment passed by this Hon'ble Commission has attained finality and has become fully executable in law, the Decree Holder is unfortunately not aware of the particulars of any movable or immovable assets, bank accounts, receivables, investments or other attachable properties standing in the name of the Judgment Debtors/Opposite Parties. The Judgment Debtors, being corporate entities, have deliberately withheld and concealed the particulars of their assets from the Decree Holder, thereby rendering it impossible for him to identify the properties which may be subjected to attachment in execution of the decree under the provisions of Section 71 of the Consumer Protection Act, 2019. Consequently, despite possessing a lawful and executable decree, the Decree Holder is unable to seek specific orders of attachment against any identifiable property of the Judgment Debtors, not because of any negligence on his part but solely due to the absence of knowledge regarding the assets of the Judgment Debtors and the non-disclosure thereof by them.

 

16.                That the Decree Holder further states that he is an ordinary consumer who has already suffered substantial financial loss by reason of the unfair trade practice and deficiency in service committed by the Judgment Debtors and thereafter by their deliberate and continued refusal to comply with the lawful decree passed by this Hon'ble Commission. The Decree Holder is not financially capable of bearing the expenses that may become necessary for taking recourse to the procedure relating to civil imprisonment in execution proceedings under Section 71 of the Consumer Protection Act, 2019, read with the relevant provisions governing execution of decrees. The expenses incidental to such proceedings, including the costs required for the arrest and detention of the Judgment Debtors in civil prison in accordance with law, are beyond the financial capacity of the Decree Holder, who has already been deprived of his hard-earned money for a prolonged period. In these compelling circumstances, the Decree Holder has no efficacious or practical remedy available except to invoke the penal jurisdiction of this Hon'ble Commission under Section 72 of the Consumer Protection Act, 2019.

 

17.                That the Decree Holder most respectfully submits that the statutory remedy provided under Section 72 of the Consumer Protection Act, 2019 is intended by the Legislature to ensure that the lawful orders passed by the Consumer Commissions are not reduced to mere paper decrees and that parties who deliberately and wilfully disobey such orders are visited with appropriate penal consequences. The facts and circumstances of the present case unmistakably disclose a continuous, deliberate, intentional and contumacious disobedience of the Final Order/Judgment dated 11.06.2025, as subsequently corrected by Order No. 17 dated 09.10.2025, passed by this Hon'ble Commission in Consumer Complaint No. SC/19/CC/263/2020. The conduct of the Judgment Debtors demonstrates complete disregard for the authority, dignity and majesty of this Hon'ble Commission and squarely attracts the penal provisions contained in Section 72 of the Consumer Protection Act, 2019.

 

18.                That the Decree Holder, finding no other efficacious, speedy or adequate remedy available under the facts and circumstances of the present case and being a law-abiding citizen of India having utmost faith in the rule of law and the administration of justice, has been constrained and compelled to invoke the penal jurisdiction of this Hon'ble Commission by filing the present application under Section 72 of the Consumer Protection Act, 2019, complaining of the deliberate, wilful and persistent non-compliance of the Final Order/Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, passed in Consumer Complaint No. SC/19/CC/263/2020. The present application has been instituted praying, inter alia, that this Hon'ble Commission may be pleased to take cognizance of the offence of non-compliance contemplated under Section 72(1) and Section 72(2) of the Consumer Protection Act, 2019, proceed against the persons responsible for such non-compliance in accordance with law, impose the punishment prescribed therein, including imprisonment and fine, and adopt all consequential measures as may be necessary to secure obedience of the decree and uphold the authority of this Hon'ble Commission.

 

19.                That the Decree Holder further respectfully submits that, having regard to the penal nature of the proceedings contemplated under Section 72 of the Consumer Protection Act, 2019, this Hon'ble Commission may graciously be pleased to treat the present application as a formal complaint disclosing the commission of an offence arising from the deliberate failure and omission to comply with the lawful order of this Hon'ble Commission and to proceed in accordance with the procedure prescribed under the applicable provisions of the Consumer Protection Act, 2019 read with the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, including Section 223 thereof, insofar as the same may be applicable for recording the substance of accusation and for conducting the proceedings in accordance with law. The Decree Holder humbly submits that such a course alone would advance the object of the Consumer Protection Act and ensure effective enforcement of the decree passed by this Hon'ble Commission.

 

20.                That unless this Hon'ble Commission is pleased to invoke its penal jurisdiction and adopt immediate and effective coercive measures as contemplated under Section 72 of the Consumer Protection Act, 2019, the Judgment Debtors shall continue to enjoy the fruits of their deliberate disobedience while the Decree Holder shall continue to suffer irreparable financial loss, grave hardship, continuing mental agony and irreparable injury. Such continued inaction would not only deprive the Decree Holder of the fruits of the decree lawfully obtained after due adjudication but would also defeat the very purpose and object of the Consumer Protection Act, 2019, which has been enacted to provide speedy, simple and effective redressal to consumers. If such deliberate disobedience is permitted to continue unchecked, the Final Order/Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, passed by this Hon'ble Commission, would be rendered wholly ineffective, unenforceable and virtually infructuous, thereby seriously undermining the authority and efficacy of this Hon'ble Commission.

 

21.                That the facts and circumstances narrated hereinabove unequivocally establish that it has become absolutely necessary and imperative for this Hon'ble Commission to exercise its statutory powers under Section 72 of the Consumer Protection Act, 2019 and to proceed with appropriate coercive and penal measures against the Judgment Debtors and the persons responsible for the affairs and management of the corporate entities concerned. The continued and deliberate defiance of the lawful order of this Hon'ble Commission leaves no room for indulgence and calls for immediate initiation of proceedings under Section 72 so that the sanctity of judicial orders is preserved, the confidence of consumers in the justice delivery mechanism is maintained and the legislative intent underlying the Consumer Protection Act, 2019 is effectively implemented. The interests of justice, equity and good conscience therefore overwhelmingly require this Hon'ble Commission to invoke the coercive jurisdiction vested in it and to proceed against the Judgment Debtors strictly in accordance with law.

 

22.                That in the aforesaid facts and circumstances, the Decree Holder most respectfully submits that the persistent, intentional and contumacious non-compliance of the Final Order/Judgment dated 11.06.2025, as subsequently corrected by Order No. 17 dated 09.10.2025 passed in Consumer Complaint No. SC/19/CC/263/2020, has matured into a statutory offence punishable under the provisions of Section 72 of the Consumer Protection Act, 2019. The ingredients constituting the offence contemplated under Section 72 stand fully established inasmuch as the Judgment Debtors had complete knowledge of the order, the decree has attained finality, no appeal or order of stay has been obtained from any superior forum, sufficient opportunity for voluntary compliance has been afforded, and notwithstanding all such circumstances, the Judgment Debtors have consciously, deliberately and wilfully failed and neglected to comply with the lawful directions issued by this Hon'ble Commission. Such deliberate omission is neither accidental nor bona fide but is a calculated and continuing defiance of the authority of this Hon'ble Commission, warranting immediate invocation of its penal jurisdiction.

 

23.                That the Decree Holder respectfully submits that this Hon'ble Commission, while exercising jurisdiction under Section 72 of the Consumer Protection Act, 2019, is vested with ample statutory authority to take cognizance of the offence arising out of the deliberate non-compliance of its own lawful order and to proceed against every person responsible therefor in accordance with law. The Decree Holder, therefore, humbly prays that this Hon'ble Commission may graciously be pleased to treat the present application itself as a formal complaint disclosing commission of an offence under Section 72 of the Consumer Protection Act, 2019 and be further pleased to proceed in accordance with the procedure prescribed by law, including, to the extent applicable and not inconsistent with the provisions of the Consumer Protection Act, 2019, the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, particularly Section 223 thereof, for recording the substance of the accusation, securing the appearance of the accused persons, conducting the proceedings in accordance with law and, upon proof of the offence, awarding the punishment prescribed under Section 72(1) and Section 72(2) of the Consumer Protection Act, 2019.

 

24.                That the Decree Holder further respectfully submits that the Judgment Debtors are juristic persons and are acting through their Directors, Managing Director, Principal Officers and other persons who are in charge of and responsible for the conduct of the business of the companies. The deliberate decision not to honour the decree passed by this Hon'ble Commission is attributable to the persons who are controlling the affairs of the Judgment Debtor Companies, and therefore, in order to give meaningful effect to the penal provisions contained in Section 72 of the Consumer Protection Act, 2019, this Hon'ble Commission may be pleased to summon such Directors and Principal Officers, require their personal appearance before this Hon'ble Commission, record their explanations and, upon being satisfied that the default is wilful and deliberate, proceed to impose appropriate punishment of imprisonment together with fine in accordance with the mandate of Section 72 of the Consumer Protection Act, 2019.

 

25.                That the present case is not one of mere technical default or delayed compliance but is a glaring instance of conscious and deliberate disobedience of a final judicial determination. The conduct of the Judgment Debtors strikes at the very foundation of the rule of law and tends to erode the authority, dignity and efficacy of the Consumer Commissions constituted under the Consumer Protection Act, 2019. Unless exemplary and deterrent action is taken in the present case, unscrupulous builders, traders and service providers would be encouraged to treat the judgments and orders passed by the Consumer Commissions as inconsequential, thereby frustrating the legislative intent of providing simple, inexpensive and speedy consumer justice.

 

26.                That it has therefore become not only appropriate but absolutely necessary, expedient and imperative in the interest of justice that this Hon'ble Commission should immediately invoke and exercise the coercive and penal powers conferred under Section 72 of the Consumer Protection Act, 2019 against the Judgment Debtors and every person responsible for the management and affairs of the corporate entities concerned. The circumstances of the present case leave no scope for granting any further indulgence to the Judgment Debtors, whose continued disobedience has persisted despite repeated opportunities and despite the decree having attained finality. The ends of justice, the majesty of law, the sanctity of judicial orders and the confidence of consumers in the justice delivery system all demand that stringent penal action be initiated forthwith, so that obedience to the lawful orders of this Hon'ble Commission is secured and the Final Order/Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, is not rendered illusory, ineffective or infructuous.

 

27.                That Section 72 of the Consumer Protection Act, 2019 further empowers this Hon’ble Commission to impose penal sanctions including imprisonment and fine upon persons who fail or omit to comply with its orders, and the present case squarely attracts the said provision.

 

28.                That unless stringent coercive steps are taken at this stage, the very authority, dignity and efficacy of this Hon’ble Commission would be rendered illusory, and unscrupulous traders would be encouraged to treat consumer decrees as mere paper orders.

 

29.                That the Certified Copy of Order & Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, passed in SC/19/CC/263/2020, are enclosing herewith, collectively.

 

30.                That the present Execution Application is bona fide, maintainable in law, within limitation, and filed in the interest of justice.

 

In the premises aforesaid, the Decree Holder/Applicant most respectfully prays that this Hon'ble State Consumer Disputes Redressal Commission may graciously be pleased to;

 

a) Take cognizance of the deliberate, wilful, intentional and continuous failure and omission of the Judgment Debtors/Opposite Parties to comply with the Final Order/Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, passed by this Hon'ble Commission in Consumer Complaint No. SC/19/CC/263/2020, and be pleased to register and entertain the present application under Section 72 of the Consumer Protection Act, 2019;

 

b) Be pleased to treat the present application as a formal complaint disclosing commission of an offence punishable under Section 72 of the Consumer Protection Act, 2019 and proceed in accordance with the provisions of the said Act and, to the extent applicable and not inconsistent therewith, in accordance with the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, including Section 223 thereof;

 

c) Issue summons and/or process upon the Judgment Debtors/Opposite Parties and also upon their Directors, Managing Director, Principal Officers and every person who was in charge of and responsible for the conduct of the business of the corporate entities at the relevant time, directing their personal appearance before this Hon'ble Commission on a date to be fixed;

 

d) Upon appearance of the accused persons, be pleased to record the substance of the accusation in accordance with law and proceed with the trial of the offence punishable under Section 72 of the Consumer Protection Act, 2019;

 

e) Upon completion of the proceedings and upon being satisfied that the Judgment Debtors/Opposite Parties have deliberately and wilfully failed and omitted to comply with the lawful Final Order/Judgment of this Hon'ble Commission, be pleased to hold them guilty of the offence punishable under Section 72 of the Consumer Protection Act, 2019;

 

f) Convict the persons found guilty and sentence them to imprisonment for such period as this Hon'ble Commission may deem fit and proper in accordance with Section 72(1) of the Consumer Protection Act, 2019, and further impose the statutory fine prescribed under Section 72 of the said Act, or both, considering the gravity, persistence and contumacious nature of the default;

 

g) Direct that the fine, if realised, be dealt with in accordance with law and pass such consequential directions as may be necessary to ensure effective compliance with the Final Order/Judgment of this Hon'ble Commission;

 

h) Direct the Judgment Debtors/Opposite Parties to forthwith comply with the Final Order/Judgment dated 11.06.2025, as corrected by Order No. 17 dated 09.10.2025, by making payment of the entire decretal amount together with accrued interest, compensation, litigation costs and all other consequential dues payable thereunder within such time as this Hon'ble Commission may deem fit and proper;

 

i) Award the costs of the present proceedings in favour of the Decree Holder/Applicant and direct the Judgment Debtors/Opposite Parties to pay the same;

 

j) Pass such further, other or consequential order or orders, including any coercive or ancillary directions, as this Hon'ble Commission may deem fit and proper for securing obedience to its Final Order/Judgment, preserving the dignity and authority of this Hon'ble Commission, preventing abuse of the process of law and securing the ends of justice.

 

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

 

 

 

 

 

 

 

 

Verification

 

I, Shri Sanjib Das, being the Decree Holder/ Petitioner herein, do hereby declare that the forgoing paragraphs no________to ________are true to the best of my knowledge and rest prayers portions are my humble submission before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, and I duly sign and verify this petition on _____________2026, at Kolkata.

 

 

 

 

                                                                             Shri Sanjib Das

                                                                             Identified by me,

 

 

                                                                                      Advocate.

Prepared in my Chamber,

 

Advocate.

Dated : ____________2026.

Place : Kolkata.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

Affidavit of Sri Sanjib Das, Son of Late Sankar Chandra Das, aged about _____years, by faith Hindu, by Occupation – Business, residing at Block – E6, Tagore Park, Ward no. 107, South 24 Parganas, Kolkata – 700 039, West Bengal.

 

I, the above deponent do hereby solemnly affirm and declare as under :-

 

1 : That I am being the petitioner, in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

 

2 : That the facts contained in my accompanying 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 …………….2026, at Kolkata.

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

 

                                                                   Advocate.

Prepared in my Chamber,

 

 

Advocate.

Dated :……………2026.

Place : Kolkata.

 

 

N O T A R Y

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