|
Before the Hon’bleDistrict Consumer
Disputes Redressal Commission |
|
South 24 Parganas |
|
Baruipur, Kolkata - 700 144. |
Execution
Application No. 45 of 2024
{arising out of CC/143/2021}
In
the matter of ;
Sri Milan
Ghosh,
____Decree Holder
-
Versus
–
Joyguru
Construction, and Others,
_____Judgment Debtors
Application for appointment of
Advocate Commissioner to execute and register Deed of Conveyance as per Order
& Judgment dated 14/08/2024
in CC/143/2021;
The
humble petition of the above named Complainant, most respectfully;
Sheweth
as under :
1.
That the Decree Holder has preferred the
above referred Execution application arising out of 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.
2.
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.”
3.
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 application.
4.
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.
5.
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.
6.
That the Notices by way of Paper
Publication has duly been served on the Judgment Debtor, though the Judgment
Debtors did not appear in the present Execution proceeding before the Hon’ble
District Commission, and thereby did not adhere to comply with the directions of
the Decree.
7.
That the Judgment Debtors have failed
to execute and register the Deed of Conveyance in respect of the subject flat
despite the Decree Holder’s willingness to tender the balance consideration
amount of Rs.2,28,181/- on the date of registration, with the adjustment of compensation of Rs.1,00,000/- (Rupees One Lakh) only and
the litigation cost of Rs.20,000/- (Rupees Twenty Thousand) only, which stand
as of Rs. Rs. 1,08,181/- (Rupees One Lakh Eight Thousand and One Hundred Eighty
One) only, being remain to be deposited with Consumer Welfare fund on or
before the registration of the Deed of Conveyance, in accordance with
the Decree.
8.
That the Decree Holder is now left
with no efficacious remedy but to approach this Hon’ble Commission for
appointment of an Advocate
Commissioner to execute and cause the registration of the said
Deed of Conveyance in respect of the scheduled flat on behalf of the Judgment
Debtors in favour of the Decree Holder, by depositing the said balance
consideration amount with the Consumer Welfare Fund / Legal Aid Fund of the
Hon’ble Commission, as directed in the judgment dated 14/08/2024.
9.
That such appointment of an Advocate
Commissioner for the execution and registration of the conveyance deed is
necessary and expedient to give complete effect to the Decree and to ensure
that justice is not defeated by the deliberate inaction of the Judgment
Debtors.
10.
That this application is made bonafide
and in the interest of administration of Justice.
In view of the aforesaid facts
and circumstances, it is most respectfully prayed that this Hon’ble Commission
may graciously be pleased to;
a)
Appoint
a suitable Learned Advocate of this Hon’ble Commission as Advocate Commissioner
to execute and register the Deed of Conveyance in respect of the scheduled
flat, in favour of the Decree Holder, on behalf of the Judgment Debtors, in
terms 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;
b)
Direct
the Decree Holder to deposit the balance consideration amount after adjustment of
compensation of Rs.1,00,000/- (Rupees One Lakh) only
and the litigation cost of Rs.20,000/- (Rupees Twenty Thousand) only, which
stand as of Rs. Rs. 1,08,181/- (Rupees One Lakh Eight Thousand and One Hundred
Eighty One) only, with the
Consumer Welfare Fund / Legal Aid Fund of the Hon’ble Commission prior to the
execution of the deed in terms 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;
c)
Pass
such further or other orders as this Hon’ble Commission may deem fit and proper
in the interest of justice and equity.
And for this act of kindness,
the Decree Holder as in duty bound shall ever pray.
Verification
I, Milan Ghosh, being
the Decree Holder, made this application. 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 _______________’
2026.
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 :
_______________________2026
Place :Baruipur, South 24 Parganas
NOTARY
