West Bengal

Bankura

EA/14/2013

Smt. Chandrani Sengupta - Complainant(s)

Versus

Late Ratanlal De Jewelers - Opp.Party(s)

Kunal Kanti Ghosh

09 Mar 2016

ORDER

BANKURA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KUCHKUCHIA ROAD
SUREKA BHAWAN
BANKURA 722 101
WEST BENGAL
 
Execution Application No. EA/14/2013
In
CC/50/2012
 
1. Smt. Chandrani Sengupta
Aurobindanagar, Bypass More, Bankura
...........Appellant(s)
Versus
1. Late Ratanlal De Jewelers
Poddarpara, Bankura
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ABDUL KUDDUS PRESIDENT
 HON'BLE MRS. AGNIDIPA AGNIHOTRI MEMBER
 
For the Appellant:Kunal Kanti Ghosh, Advocate
For the Respondent: Lalmohan Ghorui, Advocate
ORDER

Fixed for awaiting order from Hon’ble State Commission.

Ld. Advocate for the Dhr. / Complainant files his hazira which has been shown to other side.

Ld. Counsel for the other side is also present.

Perused the materials on record it appears from the plain copy of the order dated 20-05-2015 passed in connection with Misc. Application no.MA/360/2015 in First Application No.F.A./414/2013,  Swapan Kr. Dey Vs. Smt. Chandrani Sengupta, passed by Hon’ble State Commission, W.B. that the Hon’ble State Commission has been pleased to pass the following Order “Ld. Advocate for the Appellant / Misc. Applicant is present.  The Misc. Application bearing no.MA/360/2015 is taken up for hearing.  It appears from the judgment dated 17-01-2014 that the Appeal was allowed and the Petition of Complaint was dismissed.  The Appellant is, therefore, entitled to get refund of the amount lying in deposit in connection with the Appeal.  The Misc Application is thus disposed of.  The Registrar of this Commission will do the needful in the matter.”

In view of the circumstances it appears that Hon’ble state Commission was pleased to dismiss the complaint bearing no. C.C. 50 of 2012 Smt. Chandrani Sengupta Vs. Swapan Kr. Dey, by allowing appeal, bearing no. F.A./414/2013.

This Execution Case has been filed for execution of the order passed in connection with C.C. 50 of 2012, and said C.C. No.50/2012 has been dismissed by the Hon’ble State Commission in F.A./414/2013.

There is nothing on record to show that the order passed by the Hon’ble State Commission dismissing the complaint has been set aside by any superior authority / Commission.

In view of the circumstances we are of the opinion that the Execution Case is not maintainable at this stage.

Hence, it is

                                                                          Ordered

      That Execution Case be and same is hereby dismissed / dropped but without cost.             

 
 
[HON'BLE MR. JUSTICE ABDUL KUDDUS]
PRESIDENT
 
[HON'BLE MRS. AGNIDIPA AGNIHOTRI]
MEMBER

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