HON’BLE MR. JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Interlocutory Application has been filed by the Decree Holder of EA/138/2019 wherein a prayer has been made to appoint one Advocate Commissioner for the purpose of giving possession  of car parking space with the help of Kasba Police Station, if necessary.

          The background of the instant application was that a Complaint case being CC/26/2012 was filed before this Commission and by order dated 10.2.2015 the OPs/JDRs No. 1,2 and 3 were directed to deliver possession of flat and the car parking space as per schedule of the Petition of complaint, to execute and register the Deed of conveyance , to pay compensation to the tune of Rs. 1 lakh (Rupees one lakh) and litigation cost of Rs.10,000/- (Rupees ten thousand)  in favour of the Complainant/Decree holder.

          The matter was referred to  before the Hon’ble National Commission in Appeal being No. FA/193/2015 where the Hon’ble National Commission by order dated 1.7.2019 upheld the order of the State Commission in a modified form and directed the Judgement debtors to comply the order of the State Commission, but unfortunately the Decree holders had to get relief with the help of the machinery of this Commission by appointment of an Advocate Commissioner in the matter of  execution of the Deed of conveyance in their favour.

          Ld. Counsel for the Decree holders in course of hearing pointed out that as per decree of CC/26/2012 duly upheld by the Hon’ble Nation Commission save and except the amount of compensation,  the decree was executed through  the machinery of the State Commission by way of appointment of a Commissioner for getting  the deed executed in favour of the decree holders, possession of the flat was delivered in their favour but the judgement debtor did not deliver the possession of the car parking space for which his clients were compelled to file this Application for getting possession of the said car parking space, as per schedule shown in the Petition, with the help of an Advocate Commissioner. On perusal of the documents  filed in connection with the proceeding, it appears to us that the Judgement debtor though received the balance  amount of  consideration after adjustment of Rs.1 lakh (Rupees one lakh) as compensation did not comply the order of the Hon’ble National Commission for which the Decree holder had to take recourse of this Commission for execution and registration of the Deed of conveyance in respect of the flat as well as the car parking space. It is submitted before us that the Decree holders  had to get  possession of the flat but the possession of the car parking space has not yet  been handed over to them though they are legally entitled to have such space. Hence, we allow the IA/391/2021 and appoint Advocate Sritama Mondal for taking  possession of the car parking space on behalf of the Decree holders, and for  delivering   the same in their favour. In doing so, if ld. Commissioner finds any difficulty in giving the possession of the car parking space to the Decree holders, she may take the help of the Officer-in-charge of Kasba Police station and the concerned Officer-in-charge of the Police station is directed to render assistance in the matter of execution of the decree of taking possession of the car parking space  in favour of the Complainants/Decree holders. The decree holders shall pay a sum of Rs.5,000/- (Rupees five thousand), in addition to the earlier payment towards the cost,  to  the ld. Commissioner for the cost of such commission work but  before the Execution of the decree.

          With the above observations and directions we dispose of the Interlocutory application. To 04/02/2022 for Commissioner’s report. Office to do the needful.