West Bengal

StateCommission

AEA/31/2021

Md. Moazaam Jawed - Complainant(s)

Versus

Sayed Ahmed Javed & Another - Opp.Party(s)

Mr. Gourav Das

23 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Appeal Execution Application No. AEA/31/2021
( Date of Filing : 21 Dec 2021 )
(Arisen out of Order Dated 23/11/2021 in Case No. Execution Application No. EA/89/2019 of District Kolkata-I(North))
 
1. Md. Moazaam Jawed
S/o, Abdul Jabbar. 3C, Shamsul Huda Road, P.S.- Karaya, Kolkata- 700 017.
...........Appellant(s)
Versus
1. Sayed Ahmed Javed & Another
S/o, Sayeed Ghulam Yazdoni. 55, Bright Street, P.S.- Karaya, Kolkata- 700 017.
2. Anees Fatma Javed
W/o, Sayed Ahmed Javed. 55, Bright Street, P.S.- Karaya, Kolkata- 700 017.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MRS. SOMA BHATTACHARJEE MEMBER
 
PRESENT:Mr. Gourav Das, Advocate for the Appellant 1
 Mr. Saikat Mali, Advocate for the Respondent 1
Dated : 23 Dec 2022
Final Order / Judgement

          Both parties are present through their Ld. Advocates.

          Being aggrieved by and dissatisfied with order no. 15 dt. 23.11.2021 in EA/89/2019 arisen out of CC/13/51 appellant preferred this appeal u/s 27A of C.P. Act, 1986. It appears from the impugned order that the D.hr was directed to deposit the cost of police help by challan in the Government Exchequer in connection with the execution of decree.

          It was also observed in the impugned order that after making such payment, a date will be fixed for delivery of possession of alleged flat and the Registrar –in-Charge along with the police force will deliver the possession of the alleged flat. But it is apparent from the impugned order that no penalty was given u/s 27 of the C.P. Act, 1986. So the present appeal u/s 27A is not maintainable.

          Accordingly, the Appeal being no. AEA/31/2021 is dismissed. Impugned order is upheld. There shall be no order as to the costs.

          Let a copy of this order be sent to the Ld. DCDRF, Kolkata, Unit-I.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
MEMBER
 

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