Date of Filing – 09.03.2017

Date of Hearing – 02.02.2018

         The instant appeal under Section 27A of the Consumer Protection Act, 1986 (for brevity, ‘the Act’) is at the instance of legal heirs/sons of original developer against the intending purchaser/Respondent No. 1 and the Landowner/Respondent No.2 to assail the Order No.19 dated 27.02.2017 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II (in short, Ld. District Forum) in EA/05/2016 arising out of CC/187/2015.

          Seen the materials on record and considered the submission advanced by the Ld. Advocate for the Appellants, Respondent No.1 and Respondent No. 2 respectively.

          Having heard the Ld. Advocates for the respective parties and on going through the materials on record, it would reveal that the Respondent Nos.1 & 2 herein being Complainants lodged a consumer complaint under Section 12 of the Act before the Ld. District Forum and the said complaint was allowed on 06.11.2015 with a direction upon the Opposite Parties to execute and register the Sale Deed in favour of the complainant within 45 days otherwise the complainant shall have liberty to get the Deed executed through the Ld. District Forum and in that event, the appellants shall have to pay punitive damages of Rs.50,000/- for adopting unfair trade practice and shall also have to pay penal interest @ Rs.200/- per day till execution and registration of the Deed.

          Since the said order has not been implemented, the respondent no.1 herein being decree holder initiated the Execution proceedings being No.05/2016.  The impugned order is reproduced below –

          “19/27.02.2017    No ER of WA.  Fix 20.04.2017 for ER of WA.  The D.Hr. to take steps accordingly”.

          Mr. S.S. Ghosh, Ld. Advocate for the Appellants has submitted that out of total Rs.7,61,100/- as total consideration amount, the respondent no. 1 has paid Rs.7,11,100/- and as such an amount of Rs.50,000/- is still due and payable by the respondent no. 1.  He has further submitted that on account of death of original developer on 28.11.2014, the present appellants being legal heirs/sons of original developer is ready to execute the Sale Deed subject to payment of the outstanding amount and to that effect, they have filed one application being IA/328/2017.

          Needless to say, an Execution Court cannot go beyond its order.  Challenging the final order, the appellants had opportunity to prefer an appeal under Section 15 of the Act but when the appellants did not challenge the final order/judgement, the said order attained finality.  Therefore, the only obligation on the part of the Ld. District Forum to execute its own order.  In the process, the Ld. District Forum did not commit any wrong by issuing an order of WA against the appellants for non-compliance with the order passed by it.  Therefore, the appeal being devoid of merit is liable to be rejected.  The IA/328/2017 is also liable to be rejected as its contents cannot be taken into consideration in an execution appeal.

          For the reasons aforesaid, the appeal is dismissed on contest.

          The impugned order is hereby affirmed.

          The IA/328/2017 is also rejected accordingly.  

          The Registrar of the Commission is hereby directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II for information.