West Bengal

Jalpaiguri

EX 03/2010

Jibesh Kumar Dutta Biswas - Complainant(s)

Versus

Rakshit Special Kamalalay Centre, - Opp.Party(s)

24 Feb 2020

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Execution Application No. EX 03/2010
( Date of Filing : 28 Jan 2010 )
In
CC 11/2007
 
1. Jibesh Kumar Dutta Biswas
S/O Lt. Jiban Kanti Dutts Biswas, . Kotwali, Collegepara, P.O. and Dist.- Jalpaiguri.
2. Sri Dipak Roy,
S/O Late Ganga Charan Roy, College Para, P.O.and Dist- Jalpaiguri.
3. Dr. S.K. Maity,
Of Ideal clinic and Hospital Limited, P.O.- Uluberia, Dist- Howrah.
...........Appellant(s)
Versus
1. Rakshit Special Kamalalay Centre,
156 A Lenin Sarani, Room No.F 54 (1st Floor), Kolkata 13.
2. Debasish Mitra,
Manager, M/S Rakshit Special, 156 A Lenin Sarani, Room no. F 54(1st Floor), Kolkata-13.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Syed Nurul Hossain PRESIDENT
 HON'BLE MRS. Arundhaty Ray MEMBER
 HON'BLE MR. Ashoke Kanti Sarkar MEMBER
 
For the Appellant:
For the Respondent:
Dated : 24 Feb 2020
Final Order / Judgement

There is no description of movable or immovable property mentioned in the application for execution of decree. Unless descriptions of the movable or immovable property are being furnished, this Forum cannot not able to certify the property to be

                                

attached. Even unless the certificate is given from this end, the Collector of District, Jalpaiguri or any other authority will not be able to proceed for recovery of the amount from the Award Debtor as arrear of land revenue. The Award Holder is not aware about details of the property owned  by the Award Debtor Rakshit special Kamalalay Centre and Debasis Mitra .

So, the Award Holder is being liberty to file fresh case on the self same caused of action giving details of the movable or immovable property belonging to the Award Debtor for execution and realization of the satisfy awarded amount. The award passed was passed in connection with case no.C.F. 11/2007.

Thus, the case is disposed of.

Besides that the Award Holder is at liberty to file M.A. case under section 27 of the Consumer Protection Act if so advised.

 

 
 
[HON'BLE MR. Syed Nurul Hossain]
PRESIDENT
 
 
[HON'BLE MRS. Arundhaty Ray]
MEMBER
 
 
[HON'BLE MR. Ashoke Kanti Sarkar]
MEMBER
 

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