State Consumer Disputes Redressal Commission
Sri Rathindra Chandra Bhattacharya vs M/S Arunima Construction on 6 March, 2020
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Interlocutory Application No. IA/136/2020 ( Date of Filing : 10 Feb 2020 ) In Execution Application No. EA/14/2015 1. Sri Rathindra Chandra Bhattacharya S/o Late Manindra Chandra Bhattacharya, C-3, Katju Nagar, 1st Floor, P.S. - Jadavpur, Kolkata - 700 032, South 24 Parganas. ...........Appellant(s) Versus 1. M/s Arunima Construction A partnership firm, B-37, Katju Nagar Colony, P.S. - Jadavpur, Kolkata - 700 032. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER For the Appellant: In-person, Advocate For the Respondent: Ms. Mahua Roy Karmakar, Advocate Dated : 06 Mar 2020 Final Order / Judgement
HON'BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT This is to consider an Interlocutory Application filed on behalf of the Decree Holder who prays for a direction for execution of the Deed of conveyance in favour of the Decree Holder, who filed the Complaint case being C.C./5/2011 before this Commission, the same was allowed and in compliance of the said Judgement and order , the Execution proceeding being EA/14/2015 was registered.
The OPs 1 to 4 the Developers/Judgement Debtors being aggrieved by and dis-satisfied with the order passed in C.C./5/2011 preferred the Appeal before the Hon'ble National Commission being No.FA/565/2015 where the contesting parties preferred to resolve their disputes on compromise and the judgement debtors no. 1 to 4 agreed to withdraw the deposit on execution and registration of the deed of conveyance in favour of the Decree holder but the problem cropped up when the land owners /OPs No. 5 to 8 did appear, neither to contest the Complaint case nor in the Appeal and nor they appeared in the above noted Execution proceeding . Hence, for finality of litigation and for execution of the Deed of conveyance, we allow the interlocutory application for appointment for execution of the deed through the officials of this commission and we appoint Miss Asha Ghosh, Ld. Advocate, practising in this Commission, to execute and register the Deed of conveyance in favour of the Decree holder on behalf of the Jdrs no. 5 to 8. The Decree holder shall pay a sum of Rs.15,000/- (Rupees fifteen thousand ) towards cost of such commission work and the entire process of execution and registration of the deed of conveyance shall be completed within a period of one month from the date of this order and shall submit a compliance report in terms of the direction of the Hon'ble National Commission.
To 9/4/2020 for filing compliance report by the parties. Inform the parties. The IA/136/2020 is thus disposed of. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MRS. SAMIKSHA BHATTACHARYA] MEMBER [HON'BLE MR. SHYAMAL KUMAR GHOSH] MEMBER