DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. 64/2019
E.A. NO- 15/2018
Date of Filing: Date of Disposal:
04.02.2019 04.02.2019
Dhr :- 1. Swapan Sengupta
Son of Late Dr. Santi Bhushan Sengupta
of AB- 3/2, Deshbandhu Nagar,
P.S- Baguiati, Dist- North 24 Parganas
Kolkata- 700059
=Vs=
Jdr :- 1. Millennium Construction
No- AA/16, Baguiati, Kolkata- 700059
Also at AB- 3/2, Deshbandhu Nagar,
P.S- Baguiati, Dist- North 24 Parganas
Kolkata- 700059
2. Madhab Chandra Shome
Son of Prabhat Chandra Shome
no- 33/1/6, K.B. Sarani
P.O- Mall Road, P.S- Dumdum,
Dist- North 24 Pgs, Kolkata- 700028
Partner, Millennium Construction
Saswata Roy, Since Deceased
Son of Shri Sanchindra nath Roy
Partner, Millennium Construction
Deceased, substituted by his father & Sister,
being his only legal heirs, namely
3. Sachindra Nath Roy
Son of Late Priya Nath Roy
no- 8/42, Eash Mall Road, Green Valley
P.S- Rajarhat/Baguiati,
Dist- North 24 Parganas, Kolkata- 700080
4. Samapti Roy Biswas
Daughter of Shri Sachindra Nath Roy
Wife of Shri Praloy Biswas
no- 8/42, Eash Mall Road, Green Valley
P.S- Rajarhat/Baguiati,
Dist- North 24 Parganas, Kolkata- 700080
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw ……………………………………. Member.
Order No- 05
This order is arising out of the MA being no-64/2018 in the EA no-15/2018 filed by the Dhrpraying for appointment of an Advocate Commissioner for execution and registration of the sale deed in the favour of the Dhr in respect of the questioned suit property.
It is stated in the application that this Ld. Forum passed the judgment in the consumer complaint no-587/2016 on 08.06.2017. In the said judgment the Ld. Forum was pleased to direct the OPs to execute and register the sale deed of the flat of the Dhr within 30 days from the date of passing this judgment along with other orders. But since the date of passing the judgment the Jdr-3 and 4 did not take any step to that extent, therefore by filing this application the Dhr has prayed for appointment of an Advocate Commissioner who will register the sale deed on behalf of this Ld. Forum. The Dhr has mentioned the name of Sri. ManasBasu, Ld. Advocate as the Advocate Commissioner. According to the Dhr if this application is not allowed his interest will be seriously prejudiced. Prayer is made by the Dhr for allowing this application.
We have carefully perused the content of the application and in our view that as the Jdr-3 and 4 did not bother to comply with the order under execution, the Dhr should not wait for an unlimited period for such registration of the sale deed in respect of his flat. The proposed name of the Ld. Advocate Commissioner is accepted and accordingly Sri. ManasBasu is hereby appointed as the Ld. Advocate Commissioner who will execute and register the deed of conveyance in respect of the flat in favour of the Dhr. The Dhr is directed to remit a sum of Rs.3,000/- to the Ld. Advocate Commissioner towards his remuneration, to hand over the approved and corrected draft deed, to arrange conveyance, if any for the said date and to extend extreme co-operation to the Ld. Advocate Commissioner on the said date so that he can discharge his liability without any hazards. As the application filed by the Dhr has some merit, in our opinion the same should be allowed.
Hence it is ordered that the MA being no-64/2019 is hereby allowed without any cost.
Fix 11.04.2019 forreport of registration by the Dhr as well as the Ld. Advocate Commissioner.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
