West Bengal

Kolkata-II(Central)

EA/10/2015

Sri. Samarendra Bhattacharya - Complainant(s)

Versus

SMT. RENUBALA DAS & OTHERS. - Opp.Party(s)

12 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Execution Application No. EA/10/2015
( Date of Filing : 15 Jan 2015 )
In
Complaint Case No. CC/112/2014
 
1. Sri. Samarendra Bhattacharya
48/22A,SOUTH SINTHEE ROAD, P.S-SINTHEE, KOLKATA-700050.
...........Appellant(s)
Versus
1. SMT. RENUBALA DAS & OTHERS.
150D, KALICHARAN GHOSH ROAD, P.S-SINTHEE, KOLKATA-700050.
2. M/S. MAA Construction, Rep. by, Sri. Tamal Chaki-Soel Prop. S/O Late Samarendranath Chaki
10/H/1, Seven tanks Lane(Dipen Ghosh Sarani), P.S. Sinthee, Dist-North 24 Parganas, Kolkata-700030.
3. Sri. Tamal Chaki, Developer S/O Late Samarendranath Chaki
10/H/1, Seven tanks Lane(Dipen Ghosh Sarani), P.S. Sinthee, Dist-North 24 Parganas, Kolkata-700030.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 12 Mar 2021
Final Order / Judgement

Order No. 28 Date.  12.03.2021.

            On careful scrutiny of the record it appears that the jdr preferred an Appeal being No. A-1304 of 2014 before the Hon’ble SCDRC and the same was disposed of on 24.07.2017 and the impugned judgment of this Forum is modified only to the extent that the OPs 2 & 3 shall have no obligation to pay Rs.25,000/- on the head of ‘Unfair Trade Practice’ or Penal Interest  @ Rs.200/- per day and the other part of the order passed by this Forum is maintained. It also appears that a petition was also filed by the Dhr on 24.11.2020 stating that he has received the full amount from the Jdr in connection with the Execution Case with the prayer for disposal of the same.

            As per spirit of the order dated 24.07.2017 passed in the appeal aforesaid and the petition filed by the Dhr on 24.11.2020 for disposal of the execution case, it appears that the Jdr has complied with the order dated 24.07.2017 of the Hon’ble SCDRC in full.

            In view of the above, the execution case being No. 10 / 2015 is disposed of.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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