HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is to consider an application seeking stay of execution proceeding being No. EA/24/2020 arising out of complaint case No. CC/82/2017 under the Consumer Protection Act, 2019 filed by the applicant / Jdr No. 3 Sri Ananda Kumar Gupta.

2. Heard Learned Advocate appearing for both sides over the said application.

3. Perused the application. Also perused the order dated 16.12.2019 passed by this Commission.

4. Having heard the Learned Advocates appearing for both sides and on perusal of the record and the instant application under hearing it appears to me that it is a settled principle of law that while executing an order, the executing authority will not go beyond the said order. In the execution proceeding the Jdr is seeking in the instant execution proceeding to stay the execution proceeding on the ground that a case being No. WPA/27968/2023 is pending before the Hon’ble High Court, Calcutta on the ground that completion certificate is not being issued by the Kolkata Municipal Corporation with respect to the case premises being No. 2/3D, Gopal Chandra Chatterjee Road, Kolkata – 700 002. In the impugned order dated 16.12.2019 this Commission has directed the Jdr to provide completion certificate to the Dhr. As such, it will be inappropriate for this Commission to consider a third case being made out, which should have been agitated at the time of adjudicating proceeding and not at the time of execution proceeding. Apart from this, the Dhr has submitted one document, which goes to show that the Jdr has not yet prayed for completion certificate from the appropriate authority.

5. This apart, the Dhr Sri Basudeb Gupta and Kakali Gupta are not party in the writ case filed by the Jdr No. 3 before the Hon’ble High Court, Calcutta. So, the contention of the plea of the Jdr is not tenable at all.

6. Be it as it may, this Commission cannot go beyond the scope of the order which is being sought to be executed and it will be improper to consider a case being made out in the execution proceeding without agitating the same at appropriate stage.

7. Under this facts and circumstances, it will not be proper to stay the execution proceeding and thereby frustrate the order passed by this Commission and also to frustrate the spirit of the Consumer Protection Act.

8. In the result, the application filed by the Jdr No. 3 being without any legal basis is not maintainable and the same is hereby rejected with cost of ₹10,000/- (Rupees ten thousand only). The Jdr No. 3 is directed to deposit the cost by way of a Demand Draft, in the name of SCWF, within four weeks from today.

9. In case the Jdr No. 3 fails to deposit the cost within the prescribed period, then it shall also be liable to pay interest @9% till realization.

10. Fix 18.06.2024 for compliance of this order.

11. To date for compliance of the order passed by this Commission.

12. The I.A. is thus disposed of accordingly.