State Consumer Disputes Redressal Commission
Mr.M.A.Shetty vs Mr.B.K.Appa on 27 July, 2011
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE Execution Application no.EA/11/8 in CC/01/75 27/07/2011 Mr.M.A.Shetty G-10/8, Jan Kalyan Bangur Nagar, Goregaon(W) Mumbai 400 090 ..Applicant/org.complainant v/s. Mr.B.K.Appa Proprietor B.K.Appa & Company B-25, Lachmi Gobind Apartment Near State Bank of India Four Bungalows Andheri(W), Mumbai 400 053 .Respondent/org.opponent Quorum: Justice Mr.S.B.Mhase, Honble President Mr.S.M.Shembole, Honble Judicial Member
Mr.Narendra Kawde, Honble Member Present: Mr.M.S.Shetty-Advocate for the applicant.
Mr.U.B.Wavikar-Advocate for the respondent.
Per Justice Mr.S.B.Mhase, Honble President This is an execution application under section 25 of the Consumer Protection Act, 1986. Notice was issued to the other side to ascertain whether the monies have been paid as per the said order. This order has not been obeyed. Mr.Wavikar tried to persuade us that time may be granted to pay the amount by installments. However, this is an application to recover the amount as arrears of land revenue under section 25. Therefore, prayer for installments cannot be accepted. It is hereby rejected.
It is established fact on record that the order has not been obeyed and, therefore, recovery certificate has to be issued. However, in this order, operative part clause no.(v) is in respect of procuring and furnishing the Occupation Certificate for the flat within two months from the date of the order and copy thereof shall be given to the society also. That part of the order cannot be executed in certificate under section 25. Except that clause certificate under section 25 can be issued for the recovery. Therefore application is allowed. Registrar is hereby directed to issue recovery certificate under section 25 of the Consumer Protection Act, 1986 to recover the amount stated in the operative part nos.(ii),(iii), (iv), (vi) & (vii) as arrears of land revenue. So far as execution of clause no.(v) is concerned, the applicant/complainant may take appropriate steps to file appropriate execution application. Application under section 25 is hereby disposed of accordingly.
Pronounced on 27th July, 2011.
( Honble Mr.Justice S.B.Mhase) President (Honble Mr.S.M.Shembole) Judicial Member (Honble Mr.Narendra Kawde) Member Ms.