Decree holder and judgment debtor files agent hazira. 

Today is fixed for hearing in respect of objection petition filed by decree holder herein namely Nabakumar Das on 29.8.2018.  In this case the opposite party averred that he entered into an agreement with petitioner/judgment debtor and others on 1.9.2011 for purchase of a flat but the developer failed to complete the construction work inspite of several request of decree holder they could not complete the said flat.  So, the decree holder filed the C.C. Case being No.138/2014 before this Forum.  Ld.Forum vide its order dated 21.6.2016 dismissed the complaint petition against the opposite party without any cost.  But the opposite party filed the instant execution application being No.19/2018 for enforcement of judgment dated 21.6.2016 passed by this Forum. 

            After perusing the case record and final order dated 21.6.2016 this Forum is in the opinion that the execution case being No.19/2018 has no leg to stand as the C.C. Case has no direction upon the complainant and dismissed against the opposite party.  So, it is to be deserved to be rejected.  Hence,

Ordered

That the Execution Application No.19/2018 be and the same is dropped due to devoid of merit, as the final order of the consumer complaint case from which this execution case born is not executable and it is admitted due to inadvertence.