West Bengal

StateCommission

IA/979/2018

M/s. Thakkar & Kotecha Property - Complainant(s)

Versus

Sm. Moushumi Saha - Opp.Party(s)

Ms. Rubiya Mostafizer

14 Jun 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/979/2018
( Date of Filing : 11 Sep 2018 )
In
Execution Application No. EA/9/2018
 
1. M/s. Thakkar & Kotecha Property
(Developer/Promoter),a partnership firm, Room No.401, 4th Floor, 13, Crooked Lane, Kolkata - 700 069.
...........Appellant(s)
Versus
1. Sm. Moushumi Saha
W/o Sri Nirmal Saha, 10, Bhupen Bose Avenue, Kolkata - 700 004.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER
 
For the Appellant:Ms. Rubiya Mostafizer, Advocate
For the Respondent: Mr. Prabir Basu, Ms. Sritoma Mondal, Advocate
Dated : 14 Jun 2019
Final Order / Judgement

HON’BLE MR. JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          The Judgement Debtor being the  OP No.1 of the instant Execution Proceeding filed this Interlocutory Application for compliance of the final order, by the Judgement Debtor/OP No.1 by way of paying a sum of Rs.50,000/- (Rupees fifty thousand) towards compensation and Rs.5,000/- (Rupees five thousand) towards litigation cost, as both the Judgement Debtors were directed to pay a sum of Rs.1 lakh (Rupees one lakh) towards compensation and Rs.10,000/- (Rupees ten thousand) for litigation cost jointly or severally. None appears to represent the Judgement Debtors. Since the JDR No.1 is intending to pay his share towards compensation and litigation cost to the tune of Rs.55,000/- (Rupees fifty five thousand) in total , there is no bar to realize the same from the JDR No.1.

          Accordingly, we allow the said I.A. being IA 979 of 2018 in EA 9 of 2018. The I.A./979/2018 is thus disposed of. 

          Ld. Counsel for the Decree Holder submitted that his client was going to file an application for registration of the Deed of Conveyance in favour of his client through the appointed agency of this Commission and taking into consideration , the order passed by this Commission in C.C. 229 of 2013,she is at liberty to file the same.          

        Fix 5/7/2019 for payment of compensation & litigation costs by the JDR No.1 . The order with regard to appointment of Special Officer for execution & registration of the deed of conveyance shall be passed on the date fixed.

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

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