BY SPEED POST
/ COURIER / E-MAIL
Date: ________July, 2026
LEGAL COMMUNICATION
To,
1. M/s. Riverbank Developers Private Limited
Having its Office at:
225C, A.J.C. Bose Road, 4th Floor,
Kolkata – 700020.
2. M/s. Riverbank Developers Private Limited
Having its Office at:
227, A.J.C. Bose Road, Block – B, 4th Floor,
Kolkata – 700020.
Subject: Intimation regarding filing of an
Application under Section 72 of the Consumer Protection Act, 2019 in Execution
Application No. 16 of 2026 arising out of Consumer Complaint No.
SC/19/CC/263/2020 before the Hon'ble State Consumer Disputes Redressal
Commission, West Bengal and service of copy thereof.
Dear Sirs,
Under
the instructions and on behalf of my client, Shri Sanjib Das, the Decree Holder/Applicant in the above-mentioned
proceedings, I hereby address you as follows;
- You
are well aware that the Hon'ble State Consumer Disputes Redressal
Commission, West Bengal, by its Final Order and 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, was pleased to allow the consumer
complaint and issue specific directions against you.
- Despite
expiry of the statutory period for compliance and notwithstanding repeated
opportunities afforded to you, including issuance and service of a legal
notice demanding compliance with the decree, you have failed, neglected
and refused to comply with the lawful directions contained in the
aforesaid Final Order and Judgment.
- In
view of your continued, deliberate and wilful non-compliance of the lawful
decree passed by the Hon'ble Commission, my client has been constrained to
invoke the penal jurisdiction of the Hon'ble State Consumer Disputes
Redressal Commission, West Bengal by filing an Interlocutory Application under Section 72 of the Consumer
Protection Act, 2019, in the pending Execution Application No. 16 of 2026, praying for initiation
of proceedings contemplated under the said provision for your continued
and deliberate non-compliance of the Final Order and Judgment.
- By
this communication, you are hereby formally informed that the said
application has already been presented before the Hon'ble State Consumer
Disputes Redressal Commission, West Bengal and is presently awaiting
consideration by the Registry and the Hon'ble Commission for admission.
- Along
with this communication, a complete copy of the said Application under
Section 72 of the Consumer Protection Act, 2019 together with all
annexures, documents and enclosures relied upon therein is being served
upon you in the interest of fairness, transparency and natural justice, so
that you may have full knowledge of the proceedings initiated against you.
- You
are hereby requested and called upon to keep yourselves regularly informed
regarding the progress of the aforesaid proceedings by following the
official e-Jagriti web
portal and the daily Cause List published by the Hon'ble State Consumer
Disputes Redressal Commission, West Bengal. You are expected to monitor
the status of the case on a regular basis and remain fully apprised of the
date that may be fixed by the Registry of the Hon'ble Commission for
admission and further proceedings in the matter.
- You
are further requested to remain present, either personally where so
directed, or through your duly authorised representative and learned
Advocate, before the Hon'ble State Consumer Disputes Redressal Commission,
West Bengal on the date that may be notified by the Registry for admission
hearing and on every subsequent date as may be fixed by the Hon'ble Commission.
- Kindly
note that this communication is being issued so that no grievance may
subsequently be raised regarding want of knowledge of the institution or
pendency of the said proceedings. Any failure on your part to keep track
of the case status, cause list or hearing dates, or to appear before the
Hon'ble Commission, shall be entirely at your own risk, responsibility and
consequences. In such an event, the Hon'ble Commission shall be at liberty
to proceed further in accordance with law.
- Nothing
contained herein shall be construed as granting any extension of time or
waiver of the rights and remedies available to my client under the
Consumer Protection Act, 2019 or under any other applicable law. My client
expressly reserves all legal and equitable rights, claims and remedies
available to him.
A
copy of the Application under Section 72 of the Consumer Protection Act, 2019
together with all annexures is enclosed herewith for your ready reference and
necessary action.
You
are advised to act accordingly.
Yours
faithfully,
Pritam Das
Advocate for the Decree Holder/Applicant
Enclosures:
- Copy
of the Application under Section 72 of the Consumer Protection Act, 2019.
- Copies
of all annexures and documents annexed thereto.
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