Practically, the case was fixed for delivery of judgment and for that reason the argument was heard finally on 21-07-2014 and fact remains complainant in this regard prayed for redressal against OP9, Swapan Pal, Proprietor of M/s. Shivaco and also for directing him to execute and register the deed of sale and to handover the possession of the schedule property as per agreement but in this case the owners OPs1 to 8 did not turn up. But in the meantime on 24-07-2014 a compromise petition was filed in between complainant and Swapan Pal, OP9 and that matter was taken up for decision today and considering that compromise petition and also the entire material fact of the case it is clear that OP9, Swapan Pal, the proprietor of M/s. Shivaco with whom the agreement of Sale was executed in between the complainant and OP9 and also OPs1 to 8 and that agreement was executed on 11-12-2012 and fact remains Swapan Pal executed agreement to sale in favour of the complainant as proprietor of Shivaco and also as constituted attorney of the owners OPs1 to 8.
By that compromise the OP9 has admitted that he issued three cheques of Rs.24 lakhs in favour of the complainant on release of flat no.2 at 3rd floor on the south west side of Block-B at 18, Bhattacharjee Para Lane, Kolkata – 700 036 vide agreement but the cheques were dishonoured for insufficient fund. But it is admitted that on compromise the complainant received a sum of Rs.15 lakhs from the OP9 (Rs.7 lakhs on 27-08-2013, Rs.1,50,000/- on 02-09-2013, Rs.2,50,000/- on 08-03-2014 and Rs.1,50,000/- on 12-02-2014 and Rs.2,50,000/- on 28-04-2014.
It is also admitted by the complainant that complainant has accepted balance Rs.9 lakhs through two cheques being cheque no.536674 dated 09-08-2014 and cheque no.536672 for Rs.5 lakhs dated 25-08-2014 on UBI and on clearance of the above two cheques entire claim of the complainant would be satisfied and in respect a cost of Rs.1 lakh for delayed payment OP already released a cheque of Rs.1 lakh vide cheque no.471773 dated 29-04-2014 on the State Bank of India and complainant had admitted that he has accepted it.
As per clause of the said compromise after clearance of the above post dated cheques there shall remain no dispute between the parties and the attachment of the flat bythe Ld. Consumer Forum shall be released by a direction upon the Baranagar P.S. to act accordingly.
It is further admitted by the parties by that compromise that in case of dishonour or any of the above post dated cheques the complainant shall be entitled got possession of the above flat released by him on account of breach of this compromise petition and in this case OP shall have to execute the sale deed by restoring the same.
In terms of the above the compromise is filed and Ld. Lawyers of both the parties submitted that on the basis of that compromise judgment may be passed.
So, considering the said compromise and the entire material fact it is clear that OP9 for self and on behalf of the other OPs executed the compromise and the complainant has also signed the same and on behalf of OPs and their Ld. Lawyers are also signed and verified the same for which without passing any further judgment we have accepted the compromise and passing the final order or judgment on the basis of the compromise accordingly.
Hence,
Ordered
That the case be and the same is allowed on compromise against the OPs but without any cost.
The compromise is made part of this order and accordingly, we are directing the parties to submit a compliance report in respect of clearance of all the cheques issued by the OP9 in favour of the complainant and after receipt of such compliance report the attached flat shall be released by this Forum but not before that. When the Forum shall be satisfied that all the post dated cheques issued by the OP9 in favour of the complainant are cleared in that case the OP9 shall have to pray before this forum for release of the flat which has been attached by this forum with the help of Baranagar P.s. but at this stage the flat shall not be released from attachment till full satisfaction of the decree.
OP shall have to submit proper clearance certificate regarding encashment of all the cheques by the complainant and to satisfy this Forum that complainant’s claim as per compromise is satisfied and this effective compliance shall be submitted by the OP9 duly signed by the complainant and complainant’s lawyer positively by 18-09-2014 and if within that period as per compromise decree complainant’s claim is not satisfied by the OP in that case the possession of the flat shall be handed over to the complainant by this Forum and OP shall have to execute sale deed in respect of flat in favour of the complainant within one month from 18-09-2014 failing which OP shall have a liberty to pray for getting the possession of the attached flat and for getting a registered, executed sale deed through this Forum in future.
