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Before
the Hon’ble West Bengal State Consumer
Disputes Redressal Commission, Kolkata
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Kreta
Suraksha Bhawan
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11A,
Mirza Ghalib Street, Kolkata – 700087
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Execution
Application no. of 2024
{arising out of CC/218/2015}
In
the matter of ;
An
application under Section 25 and Section 27 of the Consumer Protection Act’ 1986;
for enforcement of Order and penalty for Non-Compliance of Order & Judgment
dated 16th August 2017, passed in CC/218/2015, by the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal;
AND
In
the matter of ;
1.
Shri Tushar Chatterjee, Son of Late
Sri Kanailal Chatterjee, residing at Premises being no. 2/45, Arabinda Nagar, 3rd
Floor, (Near Golf Green), Post Office – Regent Park, Kolkata – 700040, District
South 24 Parganas.
2.
Sri Rebati Chatterjee, Son of Kanai
Lal Chatterjee, residing at Premises no. 430, mOtilal Gupta Road, Police
Station – Haridevpur, Kolkata – 700008, District South 24 Parganas.
3.
M/s. Chatterjee Engineering, presently
having its office at Premises being no. 301, Crystal Fins, 19-Kirti Kunj
Society, Near Jeevan Bharati School, Karelbaug, Vadodra – 390018, Gujarat.
_____Decree Holders
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Versus –
1.
Sri Debashis Barat, Son of Sri
Prasanta Kumar Barat, residing at Premises being no. 9A, Narishinga Dutta Road,
Barisha, Police Station Haridevpur, Kolkata – 700008, District South 24
Parganas.
2.
M/s. Barat Constructions Pvt. Limited,
having its office at Premises being no. 9A, Narishinga Dutta Road, Barisha,
Police Station Haridevpur, Kolkata – 700008, District South 24 Parganas.
______Judgment Debtors
To,
The Hon’ble President
and His Companion Hon’ble Members of the Hon’ble State Consumer Disputes
Redressal Commission, West Bengal;
The
humble petition of the above named Decree Holders, most respectfully;
Sheweth as under;
1.
That the Decree Holders are peace
loving and law abiding Citizen of the Country. The Decree Holders are residing and
carrying business for their livelihood at the address given in the cause title
of the present execution application.
2.
That the Decree Holders have preferred
a Consumer Complaint vide CC/218/2015, against the Judgment Debtors, before the
Hon’ble State Consumer Disputes Redressal Commission, West Bengal. The said
consumer Complaint has been finally decided on 16th day of August’
2017, by the Hon’ble Mr. Samaresh Prasad Chowdhury, Presiding Member.
3.
That the operative portion of the
Order & Judgment dated 16/08/2017, passed in CC/218/2015, by the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal, is reproduced as ;
“Since, the OP Nos. 1 & 2 have constructed the building
in violation of the sanctioned plan order, certainly an order cannot be passed
authorising a party to make an illegal thing legal. In view of the above,
I think an order directing the OP Nos. 1 & 2 to refund Rs.24 lakhs along
with interest thereon @ 9% p.a. from 25.04.2012 will sub serve the object of
justice. Evidently, the OP Nos. 1 & 2 have adopted unfair means and
as such they must pay compensation to the complainants which I assessed at Rs.3
lakhs in the facts and circumstances of the present case. The
complainants are also entitled to litigation cost and I quantify the same at
Rs.10,000/-.
Consequently,
the petition of complaint is allowed exparte against OP nos. 1 & 2 and
dismissed against OP No.3. The OP Nos. 1 & 2 are directed to refund
Rs.24,00,000/- together with interest thereon @ 9% p.a. in favour of the
complainants from the date of execution of Deed of Conveyance i.e. 25.04.2012
till its realisation. The OP Nos. 1 & 2 are further directed to make
payment of Rs.3,00,000/- as compensation and Rs.10,000/- as litigation cost
aggregating Rs.3,10,000/- which must be paid within 30 days from date
otherwise, the amount shall carry interest @ 8% p.a. from date till its full
realisation”.
Certified Copy of the Order & Judgment dated 16th
day of August’ 2017, passed in CC/218/2015, by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, is annexed herewith.
4.
That it is apparent from the above order & Judgment passed by this
Hon'ble Commission that the order was comprehensive, unambiguous and clear in
directing the Judgment Debtors to comply with the same within 30 days.
5.
That the said Order & Judgment
dated 16th August’ 2024, passed in CC/218/2015, by the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal, has been challenged by the
Judgment Debtors by way of placing their First Appeal under Section 19 of the
Consumer Protection Act’ 1986, which has been registered as First Appeal No.
1901 of 2017, before the Hon’ble National Consumer Disputes Redressal
Commission, New Delhi. The said First Appeal has been Dismissed for want of
prosecution on 20th December’ 2023.
Photostat
copy of Server Copy of Order dated 20th December’ 2023, passed in
First Appeal No. 1901 of 2017, by the Hon’ble National Consumer Disputes
Redressal Commission, New Delhi, is annexed herewith and marked as Annexure
“A”.
6.
That therefore the said Order and
Judgment dated 16th day of August’ 2017, passed in CC/218/2015, by
the Hon’ble State Consumer Disputes Redressal Commission, West Bengal, is
attained its finality in terms of the prescribed provisions of Section 24 of
the Consumer Protection Act’ 1986.
7.
That the Judgment Debtors are well
within the knowledge of the contents and purports of the said Order and
Judgment dated 16th day of August’ 2017, passed in CC/218/2015, by
the Hon’ble State Consumer Disputes Redressal Commission, West Bengal; But did
not comply with the directions given upon the Judgment Debtors by the Hon’ble State
Consumer Disputes Redressal Commission, West Bengal; Thus the Decree Holders are
not in receipt of anything which has ever been directed on the Judgment Debtors
by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal.
8.
That the Judgment Debtors have thus conducted themselves in the most
reprehensible manner showing scant regard to the orders of this Hon'ble Commission
which conduct on their part is palpably, manifestly and gravely contumacious
and makes the Judgment Debtors liable to be dealt with in accordance with the
law and punished severely for willfully, deliberately and intentionally
flouting, defying and disobeying the authority of this Hon'ble State Consumer Disputes
Redressal Commission.
9.
That it is apparent from the material placed on record that no iota of
doubt is left regarding the Judgment Debtors having scant regard and utter
disregard to the sacrosanct orders of this Hon'ble State Consumer Disputes Redressal
Commission, West Bengal, and the Judgment Debtors are prima facie guilty of the
contempt of the court for having deliberately and willfully disobeyed the
orders of this Hon'ble State Consumer Disputes Redressal Commission, West Bengal
and they deserve to be dealt with and punished severely in accordance with the
law as by their such unbecoming act they have tended to lower the authority of
this Hon'ble Commission and tended to interfere with the due process of the
judicial proceedings and administration of Justice as their this conduct may
make execution of order infructuous. Their such conduct is manifest of their
malafide intentions throughout.
10.
That the interest of justice demands that the Judgment Debtors are dealt with and punished severely in
accordance with the law for their willful, deliberate and intentional
disobedience of the orders of this Hon'ble State Consumer Disputes Redressal Commission,
West Bengal. Otherwise, if the Judgment Debtors are let go Scott free the
litigant will lose their confidence and faith in the judicial proceedings.
11.
That the Decree Holders seeks enforcement
of the said Order and penalty for Non-Compliance of Order & Judgment dated 16th
day of August’ 2017, passed in CC/218/2015, by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, in terms of the provisions
prescribed under Section 25 and Section 27 of the Consumer Protection Act’ 1986.
12.
That unless the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, enforce the Order and penalty for
Non-Compliance of Order & Judgment dated 16th day of August’
2017, passed in CC/218/2015, by the Hon’ble State Consumer Disputes Redressal
Commission, West Bengal, against the Judgment Debtors, the Decree Holders will
highly prejudice and suffer with irreparable loss and injury thereof.
13.
That this application is made bonafide
and in the interest of administration of Justice.
14.
That the Decree Holder prays for the
followings before the Hon’ble State Consumer Disputes Redressal Commission, West
Bengal;
In the given facts & circumstances, the Decree
Holders prayed that the Hon’ble State Consumer Disputes Redressal Commission, West
Bengal, would graciously be pleased to enforce the Order and penalty for
Non-Compliance of Order & Judgment dated 16th day of August’
2017, passed in CC/218/2015, by the Hon’ble State Consumer Disputes Redressal Commission,
West Bengal, against the Judgment Debtors, in terms of the prescribed
provisions of Section 25 and Section 27 of the Consumer Protection Act’ 1986,
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, Tushar Chatterjee,
being the Decree Holder, made this application for execution being enforcement
of the Order and penalty for Non-Compliance of Order & Judgment dated 16th
day of August’ 2017, passed in CC/218/2015, by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, against the Judgment Debtors, in
terms of the prescribed provisions of Section 25 and Section 27 of the Consumer
Protection Act’ 1986. 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,
Tushar Chatterjee, Son of Late Sri Kanailal Chatterjee, aged about ______years,
by faith Hindu, by Occupation Business, residing at Premises being no. 2/45,
Arabinda Nagar, 3rd Floor, (Near Golf Green), Post Office – Regent
Park, Kolkata – 700040, District South 24 Parganas, 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 16th
day of August’ 2015, passed in CC/218/2015, by the Hon’ble State Consumer
Disputes Redressal Commission, West Bengal, against the Judgment Debtors, in
terms of the prescribed provisions of Section 25 and Section 27 of the Consumer
Protection Act’ 1986.
2. That I am one
of Partner of the Decree Holder no. 3, as the Decree Holder no. 3, is a
Partnership Firm. The Decree Holder no. 2, is a Co-Partner in the said
Partnership Firm being Decree Holder no. 3. I am authorized by the Decree
Holder no. 2, and 3, to place this present Execution application under Section
25 & 27 of the Consumer Protection Act’ 1986.
3. That I am
Competent to swear this affidavit. I am not suffering with any legal disability
as emphasize in the Indian Contract Act’ 1872.
4. 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 : Khadya Bhawan, Kolkata
NOTARY
