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Before the Hon’bleDistrict Consumer
Disputes Redressal Commission
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South 24 Parganas
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Baruipur, Kolkata - 700 144.
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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 14th 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
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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 14th
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 14th
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 14th 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 14th 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 14th
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 14th 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 14th 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 14th
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 14th 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 14th
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 14th
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
