DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Execution Application No.36/2013
Date of filing: 09.09.2013 Date of disposal: 12.02.2016
Complainants No.1: Tapas Dey. 2. Smt. Sudipa Dey, W/o.Tapas Dey
Both are residing at Paradise Apartment, Hill View, Park (North), S.B. Gorai Road, P.S.-Asansol, Dist.-Burdwan.
-VERSUS-
Opposite Party No.: 1. Binod Kumar Gupta, Sole Proprietor of M/s. Super Builder, residing at Hill View, Park (North), S.B. Gorai Road, P.O.-Asansol, Dist.-Burdwan.
2. Mayor Asansol Municipal Corporation, District-Burdwan.
Present : Hon’ble President: Sri Asoke Kr. Mandal.
Hon’ble Member : Sri Pankaj Kr. Sinha.
Appeared for the complainants: Ld. Advocate Subrata Ghosh.
Appeared for the Opposite Party No.1: Ld. Advocate Anup Mukherjee.
Appeared for the Opposite Party No.2: Ld. Advocate Madhab Banerjee.
Order No. 21, Dated: 12.02.2016
The record is put up as per put up petition filed on behalf of Jdr. No1, Binod Kumar Gupta. On call the Dhr. Tapas Dey and his Ld. Advocate, the Jdr. No.1 and his Ld. Advocate all are present. The Jdr. No.1 files a fresh Vokalatnama. Let the same be kept with the record. Jdr. No.1 files one Demand Draft for Rs.30,000/- in the name of President, DCDRF drawn on Allahabad Bank being No.646470 dated 11.2.2016. Let the same be kept in the Forum’s safe custody for depositing the same in the State Consumer Welfare Fund. The D.D.O. shall get it entered in the day’s cash book’s receipt side and take immediate steps for transmitting it to the Punjab National Bank, Burdwan after observing all the departmental formalities.
Dhr. files a verified petition stating that the dispute between him and the jdr No.1 have been settled out of Forum and he has got the awarded amount and further an amount relating to the garage, safety tank and compensation as mentioned in the award under execution and at present he has no claim against the Jdrs. By this petition the Dhr. has prayed to dispose of the case on full satisfaction.
Considering the admission of the Dhr. and considering the Demand Draft for Rs.30,000/- as mentioned above we are of the opinion that the final order/ award dated 3.6.2013 passed in D.F. Case No.74/2011 under execution, has been fully satisfied. So, this case should be disposed of on full satisfaction.
By filing a petition the Jdr. No.1 has prayed to release him and to recall the W/A issued against him and the W/A issued against the O.C., Asansol (South) Police Station.
We carefully perused the previous orders passed in this case it appears that W/A against the Jdr. No.1 was issued vide order No.13 dated 3.7.2015 and W/A was issued against the O.C., Asansol (South) Police Station vide order No.17 dated 3.12.2015 and the same have not yet been executed.
As this execution case is going to be disposed of on full satisfaction the W/A issued against the Jdr. No.1 and O.C., Asansol (South) Police Station should be recalled to avoid further complications. Hence, it is
ORDERED
that the execution case being No.36/2013 is disposed of on full satisfaction, release the Jdr. No.1 at once, recall the W/A issued against the Jdr. No.1 vide order No.13 dated 3.7.2015 and also recall the W/A issued against the O.C., Asansol (South) Police Station vide order No.17 dated 3.12.2015 at once.
Let the copies of this order be supplied to the parties free of cost.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Pankaj Kr. Sinha)
Member
D.C.D.R.F., Burdwan
