West Bengal

StateCommission

IA/376/2021

Sri Prabir Kumar Mondal - Complainant(s)

Versus

M/s. M.B. Construction & Another - Opp.Party(s)

Mr. P.K. Bhattacharyay

23 Feb 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/376/2021
( Date of Filing : 10 Dec 2021 )
In
Execution Application No. EA/67/2019
 
1. Sri Prabir Kumar Mondal
S/o Lt. Dibakar Mondal, 1, Banerjee Para Road, P.O. & P.S. - Sarsuna, Kolkata - 700 061.
...........Appellant(s)
Versus
1. M/s. M.B. Construction & Another
Regd. office at 31 E/2, K.K. Roychowdhury Road, P.O. - Barisha, P.S. - Thakurpukur, Kolkata - 700 008.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:Mr. P.K. Bhattacharyay, Advocate for the Appellant 1
 
None appears
......for the Respondent
Dated : 23 Feb 2022
Final Order / Judgement

HON’BLE MR. JUSTICE ISHAN CHANDRA DAS, PRESIDENT

      The decree holder/complainant of this execution proceeding, being EA/67/2019, arose out of CC/153/2018 filed this Interlocutory Application and prayed for an order of appointment of a Commissioner to execute and register the deed of conveyance on behalf of the judgment debtor. Perused the judgment dated 26-02-2019 where the OPs were directed to execute and register the deed of conveyance within 60 days from the date of the order and in default of such execution and registration of the deed of conveyance, the OPs were directed to refund a sum of Rs.19,30,000/- (Rupees nineteen lakh thirty thousand) and Rs. 1,00,000/- (Rupees one lakh) towards compensation for mental agony and Rs. 5,000/- (Rupees five thousand) towards litigation cost. Since the OPs/judgment debtors did not comply with  the order despite the fact that the  Warrant of Arrest were issued against them. The execution  report of Warrant of Arrest, which was filed in course of hearing before this Commission, revealed that the OPs/Jdrs. were absconding and taking into consideration the pandemic situation prevailing, the decision taken and the direction given by this Commission in CC/153/2018, we are allowing the application under disposal being IA/376/2021 and appoint Miss Sritama Mondal, Ld.Advocate of the local bar to get the deed registered in favour of the complainants/decree holders. Office to do the needful in the matter of appointment of the Commissioner for the purpose of execution and registration of the deed of conveyance in respect of the property, being the subject matter of CC/153/2018. The cost of registration shall be borne by the decree holders, as directed and Ld. Commissioner shall submit her report of execution and registration of the deed of conveyance  by 18-04-2022. The Dhr. shall pay a sum of Rs.15,000/- (Rupees fifteen thousand) to the Advocate Commissioner for the Commission work.

      The IA/359/2021 is also taken up for hearing. In view of the order passed in IA/376/2021, no further order need be passed in respect of IA/359/2021 for issuance of W.A. against the Jdr. and this (IA/359/2021)  Interlocutory Application is deemed to be disposed of. The execution report filed by Sub Inspector, Thakurpukur Police Station is kept with record.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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