Date of Hearing 22nd September, 2015
Date of Judgment Tuesday, the 6th October, 2015
JUDGMENT
The instant appeal u/s. 27A of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) is at the instance of Opposite Party No.2/J Dr. No.2 to impeach the order No.18 dated 28.11.2014 passed by the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas at Alipore (In short, Ld. DCDRF) in Execution Application No.112 of 2013 arising out of Consumer Complaint No.253 of 2011.
We have scrutinised the materials on record and considered the submission advanced by the Ld. Advocates appearing for the parties.
The Respondent No.1 herein being Purchaser has initiated the Consumer Complaint u/s. 12 of the Act on 28.11.2011 before the Ld. DCDRF against the Developer and Land Owner for deficiency of service in delivering the possession of the property in question, in executing and registering Sale Deed and to provide Completion Certificate, etc. By the Judgment/Final Order dated 20.07.2012 Ld. DCDRF has allowed the said Consumer Complaint with a direction upon the Opposite Parties to execute and register Deed of Conveyance and to hand over Completion Certificate within 1(One) month, payment of compensation of Rs.55,000/-, litigation cost of Rs.5,000/-, delivery of possession etc. Due to non-compliance of the said order the Execution Case has been filed.
The impugned order runs as follows – ‘D. Hr. is present through Ld. Advocate. A petition is filed from the side of J. Dr. praying for time. J. Dr. is personally present. Heard both side. So many things have been submitted from the side of the J. Dr. But it is the headache of J. Dr. as to how he will comply with the order. In view of the order No.17 dated 18.09.2012 the J. Dr. is not present personally. As such, issue W.A. against the J. Dr. fixing 29.12.2014 for E.R.
By this time J. Dr. is given liberty to comply with the order positively in default he will have to suffer sentence as per law’.
Having heard the Ld. Advocates for the respective parties it emerges that after receipt of notice of the execution case the Appellant (Developer) and Respondent No.2 (Land Owner) executed the registered Sale Deed in favour of the Respondent No.1/Complainant. The Appellant has also paid the decreetal amount of Rs.55,000/- to the Respondent No.1.
When the record was taken up for hearing Ld. Advocate appearing for the Appellant has candidly submitted that the handing over of Completion Certificate was not under their exclusive control and unless it is given to them by the Kolkata Municipal Corporation they cannot hand it over to the Respondent No.1 in time. A copy of Completion Certificate issued by the Kolkata Municipal Corporation has been placed before this Bench which indicates that the same was issued by the Executive Engineer (Civil), Building Department (HQ), Kolkata Municipal Corporation to the Land Owner on 10.08.2015.
The impugned order does not show that the Ld. DCDRF had any intention to keep the Appellant behind the bar. Had there been any such intention on the part of the Ld. DCDRF certainly in last sentence of the order the liberty should not have given to the J. Dr. to comply with the said order. Ld. Advocate for the Appellant intends to hand over a copy of Completion Certificate (CC) to the Respondent No.1 before this Bench but Ld. Advocate for the Respondent No.1 has submitted that the Execution case is fixed for hearing on 02.11.2015 before Ld. DCDRF and as such, he may accept the same at the time of hearing of the said Execution case.
Considering of the above, we dispose of the appeal subject to payment of costs of Rs.5,000/- to be paid by the Appellant in favour of Respondent No.1 on condition the Appellant shall appear before the Ld. DCDRF on 02.11.2015. The order of W.A. issued by the Ld. DCDRF shall remain stayed till that date.
The Ld. DCDRF on appearance of the J. Dr./Appellant shall proceed with the Execution case in accordance with law.
With the above observation, the instant appeal stands disposed of.
