DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F. EXECUTION CASE.07/2008 ARISING OUT OF ORIGINAL CASE No.15/2008. Date of filing of the Case: 21.02.2008 Complainant/Dhr | Opposite Party/Jdr | Kasimuddin Sarkar (64 years) S/O. Late Karibulla Sarkar Vill. Sialdanga P.S. Nalagola, P.O. Bamongola, Dist. Malda.W.B. | | Proprietor M/S Roy Construction P.O. Pakuahat P.S. Bamongola Dist. Malda. W.B. |
Present: | 1. | Smt. Sumana Das, Member | 2. | Dr. Soumen Sikder, Member. |
For the Petitioner : Joynarayan Chowdhury, Advocate. For the O.P.: Kajal Kumar Deb, Advocate. Order No. 03 Dt.16.09.2008 This record is put up today for order. Dhr. Kasimuddin Sarkar has filed the execution case against Jdr, proprietor Bablu Roy, Roy Construction, Pakuahat, Malda on 14.08.2008 in c/w Malda D.F. Case No.15/2008, order No.12 dt.9.7.2008. On 11.09.2008, ld. lawyer appears on behalf of the Jdr and has filed an advocate’s letter, with no date (Kajal Kumar Dev) along with one regd. postal receipt dt.29.7.2008. Ld. advocate stated therein that as per order No.12 dt.9.7.2008, the Jdr Bablu Roy, Proprietor of Roy Construction, Pakuahat, Malda had become ready to deliver new C.D pump set machine and Rs.1000/- in cash on 08.08.2008 at about 12 noon. Ld. lawyer also submits in Forum that this execution case is not maintainable. On scrutiny of the letter filed by the ld. advocate on behalf of Jdr., it appears that, the Jdr is willing to return the C.D. pump set and the compensated amount of Rs.1000/-. But the petition filed by the Dhr. manifests apparent fear about dire consequences in case the Dhr. visits the shop of the Jdr. to collect the new C.D pump set machine and to receive the amount Rs.1000/- in cash. Having heard both sides at length, it seems prudent to ask the Jdr (Bablu Roy, Prop. Roy Construction, Pakuahat, Malda) to bring the new CD pump set machine or Rs.7500/- (the original price of the machine) in cash on 22.09.2008 at 2 P.M. along with a compensated amount of Rs.1000/- in Forum. The Dhr. is hereby asked to present personally in the Forum and to collect the said machine / the original price value of the machine amounting Rs.7500/- and the compensation of Rs.1000/- in cash herefrom. This order is passed to settle all disputes at length. Lastly, it is needless to say that the submission of ld. advocate on behalf of the Jdr. that order No.12 dt.9.7.2008 of original case no.15/2008 itself nowhere indicates that the Jdr is to carry out the order has no leg to stand on inasmuch as the words appearing therein ‘do replace’, ‘do pay’, ‘to return’ palpably indicates the intension of the Forum. Inform both parties. The petition of Dhr. is thus disposed of on contest with no order as to cost. Sd/- Sd/- Dr. Soumen Sikder Smt. Sumana Das Member Member D.C.D.R.F., Malda. D.C.D.R.F., Malda. | 
