State Consumer Disputes Redressal Commission
Mira Shaw vs Ashok Kumar Giri on 3 August, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/1023/2016 ( Date of Filing : 21 Oct 2016 ) (Arisen out of Order Dated 26/07/2016 in Case No. EA/65/2015 of District North 24 Parganas) 1. Mira Shaw D/o Lt. Lal Chand Shaw, Railway Gate no.20, Ram Chandra Path, Nawabgang, Ichapore, P.O.- Ichapore, P.S. Noapara, Pin -743 144. ...........Appellant(s) Versus 1. Ashok Kumar Giri S/o Lt. Dasharath Giri, East Land Primary School, T-3, Qtr., P.O.- Bengal Enamel, Pin -743 122. 2. M/s. Sikha Maa Construction Rep. by Tanoy Mukherjee, S/o Rabindranath Mukherjee, Murari Mitra Lane, Majherpara, P.O.- Nawabgang, Noapara, Pin-743 144. 3. Lal Moni Devi Shaw W/o Lt. Lal Chand Shaw, Railway Gate no.20, Ram Chandra Path, Nawabgang, Ichapore, P.O. - Ichapore, P.S. - Noapara, Pin - 743 144. 4. Prakash Shaw S/o Lt. Lal Chand Shaw, Railway Gate no.20, Ram Chandra Path, Nawabgang, Ichapore, P.O. - Ichapore, P.S. - Noapara, Pin - 743 144. 5. Omprakash Shaw S/o Lt. Lal Chand Shaw, Railway Gate no.20, Ram Chandra Path, Nawabgang, Ichapore, P.O. - Ichapore, P.S. - Noapara, Pin - 743 144. 6. Shila Goswami D/o Lt. Lal Chand Shaw, Railway Gate no.20, Ram Chandra Path, Nawabgang, Ichapore, P.O. - Ichapore, P.S. - Noapara, Pin - 743 144. 7. Devi Shaw D/o Lt. Lal Chand Shaw, Railway Gate no.20, Ram Chandra Path, Nawabgang, Ichapore, P.O. - Ichapore, P.S. - Noapara, Pin - 743 144. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MR. TARAPADA GANGOPADHYAY MEMBER For the Appellant: Mr. Partha Sarathi Das, Mr. Abu Sayem, Advocate For the Respondent: Mr. Tapabrata Chatterjee, Advocate Dated : 03 Aug 2018 Final Order / Judgement
HON'BLE JUSTICE ISHAN CHANDRA DAS,PRESIDENT This is an Appeal U/s 27A of the Consumer Protection Act, 1986 where the propriety of the Order no.14 dated 26.7.2016 in E.A. 65 of 2015 arose out of C.C. 407 of 2013 disposed of by D.C.D.R.F., North 24 Parganas at Barasat has been called in question.
In the Order impugned ld. Trial Forum concerned passed the following order -
"Order no.14 dated 26.07.2016:
The case record is put up for the purpose of registration of the deed of conveyance .
The deed of conveyance is verified by the office and placed before the Bench of this Forum for further order.
Perused the final Deed of Conveyance which is found in order . Fact remains, that in Complaint Case No. CC-407/2013 passed on 6.1.2015 it was ordered that OPs (Present Jdrs) were directed to execute and register the deed in respect of the flat as described in the schedule of present final Deed of Conveyance and for which the present final Deed of Conveyance is being executed by this Forum for non execution of the same by the Jdrs and on behalf of the Jdrs as per order.
This Forum has executed the deed and authorized the Forum's Upper Division Clerk (UDC) Sri Biswajit Chakraborty to present this executed deed before the Registrar and for putting his signatures and to do other acts on behalf of this Forum for completion of registration.
Registering Authority is requested to do the needful to complete the registration of the present Deed of Conveyance in favour of the Present Decree Holder, Sri Ashok Kumar Giri, Decree Holder shall be present at the time of registration of this Deed along with this office UDC.Service duty charge of Upper Division Clerk (Clerk-in-charge) shall be borne by the Dhr. Signature of Shri Biswajit Chakraborty is hereby attested.
Along with Deed, the copy of this order shall be tagged as part of the Deed of Conveyance.
To 19.10.2016 for report of Clerk-in-charge about registration of the Deed of Conveyance and registration in the mean time".
Ld. Counsel appearing on behalf of the Appellant in course of hearing drew our attention to the order of the ld. Trial Forum passed in C.C. 407 of 2013 where ld. Forum while allowing the Complaint case directed the oP No.1 to hand over actual possession of the flat measuring 375 sq.ft. on the ground floor to the Complainant within one month from the date of the order and to execute and register the Deed of conveyance in respect of the said flat within the stipulated period and to pay a sum of Rs.7,000/- (Rupees Seven thousand) to the Complainant as compensation for harassment and mental agony and further sum of Rs.7,000/- (Rupees seven thousand) towards litigation cost etc with default clause.
The order of the ld. Trial Forum was not challenged in any Appeal U/s 15 of the Consumer Protection Act and as such it has attained finality . Now the OP/JDR No.7 filed the Appeal U/s 27A questioning the propriety of the order impugned though practically he does not have any locus standi to file the same as a land owner as submitted by ld. counsel for the DHR. Ld. Counsel for the DHR also pointed out that the Judgement Debtor no. 1 and 7 against whom the order has been passed to execute and register the Deed of conveyance in favour of the Decree Holder and would deliver possession of the said flat in question cannot challenge at this stage of execution when they accepted the verdict of the Forum concerned in C.C. No. 407 of 2013.
Taking into consideration , the facts and circumstances of the case, we find substance in his argument and considering the facts that the Decree Holder was a tenant in respect of the property where the Development work took place cannot debar him from acquiring the flat in the ground floor since it was accepted by the ld. Trial Forum in the Complaint Case. Accordingly, we find no merit in the above Appeal and thus the Appeal stands dismissed. Parties do bear their respective costs of Appeal. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MR. TARAPADA GANGOPADHYAY] MEMBER