DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
E.A. No. 119/2015
P R E S E N T :- Sri Daman Prosad Biswas………President.
:- Sri. Abhijit Basu………………. Member.
Order No.47
Dated.18.11.2024
Today is fixed for order in respect of M.A. case no. 136/2024 and 139/2024.
Ld. Advocate for the Dhr is present. Ld. Advocate for the Jdr is present.
Record is put up for order. Perused the M.A. case no. 136/2024. We find that Jdr alleged that Jdr being aggrieved and dissatisfied with the Final Order of this Commission dated 16/02/2015 preferred an appeal before the Hon’ble S.C.D.R.C vide no. A/426/2015 and Hon’ble S.C.D.R.C passed Final Order on 21/07/2017 and thereafter Jdr filed an appeal before the Hon’ble N.C.D.R.C vide no. RP 2945 of 2017 and Hon’ble N.C.D.R.C pleased to pass the Final Order on 21/12/2017 but Complainant not yet complied the said direction till date hence, the present execution case is liable to be dismissed as not maintainable.
We find that Jdr filed the said petition. He alleged that Jdr being aggrieved and dissatisfied with the Final Order of this Commission dated 16/02/2015 preferred an appeal before the Hon’ble S.C.D.R.C vide no. A/426/2015 and Hon’ble S.C.D.R.C passed Final Order on 21/07/2017 and stated:-
“however, if any extra work is done by the appellant he shall be entitled to extra charge for such additional work or area subject to assessment by the authorized engineer appointed by the District Forum concerned in an appropriate proceedings if the occasion so arises.”
We also find that against the said judgment of Hon’ble S.C.D.R.C, Jdr filed an appeal before the Hon’ble N.C.D.R.C vide no. RP 2945 of 2017 and Hon’ble N.C.D.R.C pleased to pass the Final Order on 21/12/2017 and stated:-
"since the case of the petitioner is that the extra work has actually been executed by him, the concerned District Forum is directed to appoint engineer in compliance of the order of State Commission, to assess the cost of the extra work if any executed by the petitioner. This will be done by the District Forum after notice to the complainant the amount so assessed by the District Forum shall be duly paid by the complainant / respondent in terms of the order passed by the state commission. The revision petition stands disposed of accordingly, it is made clear that the possession will, be given and conveyance deed will be executed only after the price of extra work of any executed by the petitioner is paid to him by the respondent/complainant."
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E.A. No. 119/2015
On perusal of record we find that this Commission passed the Final Order / Judgment on 16/02/2015 against the O.P / Jdr namely Sukanta Das in C.C./358/2014 and Complainant / Dhr filed this execution case relating to the said Final Order / Judgment.
Thereafter, this Commission received the copy of Final Order passed by the Hon’ble S.C.D.R.C dated 21/12/2017. Thereafter, Jdr filed a petition before this Commission praying for appointment of authorized Engineer Commissioner for physical measurement of the suit flat.
Thereafter, this Commission after hearing both the parties passed order no. 30 dated 16/11/2022 and appointed Mr. S. Chattopadhyay as Engineer Commissioner to hold commission work of the suit flat.
Thereafter, said Engineer Commissioner submitted his report. This Commission after hearing both the parties directed the Complainant / Dhr to pay Rs. 55,890/- for additional 54 sq.ft. area.
Dhr on 19/07/2024 paid the said amount by Demand Draft before this Commission and this Commission accepted the same and this Commission deposited the same in the account of this Commission.
Accordingly we find that Complainant / Dhr complied the direction of the Hon’ble N.C.D.R.C dated 21/12/2017.
In view of aforesaid discussion it is clear before us that aforesaid petition of Jdr which registered as M.A. case no. 136/2024 bears no merit.
By knowing everything Jdr filed this petition before this Commission which clearly shows that he is trying to destroy the valuable time of this Commission and also trying to delay the matter.
Accordingly we think that a cost should be imposed upon him.
Hence, the petition dated 10/05/2024 filed by the Jdr which registered as M.A. case no. 136/2024 is dismissed on contest with cost of Rs. 5,000/- (five thousand) to be paid by the Jdr before the Consumer Legal Aid Fund of this Commission positively by 04/12/2024.
Perused the M.A. case no. 139/2024 filed by the Dhr. We find that Dhr alleged that Dhr is wanted to get his possession and wanted to registration of the said flat. Dhr by filing this petition prayed for protection of his right and also prayed for direction upon the concerned Dum Dum P.S to assist the Dhr for getting possession of the flat from Jdr. He prayed for necessary direction.
We find that this Commission passed Final Order / Judgment on 16/02/2015 and thereafter Jdr being aggrieved and dissatisfied with the Final Order of this Commission dated 16/02/2015 preferred an appeal before the Hon’ble S.C.D.R.C vide no. A/426/2015 and Hon’ble S.C.D.R.C passed Final Order on 21/07/2017 and thereafter Jdr filed an appeal before the Hon’ble N.C.D.R.C vide no. RP 2945 of 2017 and Hon’ble N.C.D.R.C pleased to pass the Final Order on 21/12/2017.
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E.A. No. 119/2015
Hon’ble S.C.D.R.C passed Final Order on 21/07/2017 and stated:-
“however, if any extra work is done by the appellant he shall be entitled to extra charge for such additional work or area subject to assessment by the authorized engineer appointed by the District Forum concerned in an appropriate proceedings if the occasion so arises.”
We also find that against the said judgment of Hon’ble S.C.D.R.C, Jdr filed an appeal before the Hon’ble N.C.D.R.C vide no. RP 2945 of 2017 and Hon’ble N.C.D.R.C pleased to pass the Final Order on 21/12/2017 and stated:-
"since the case of the petitioner is that the extra work has actually been executed by him, the concerned District Forum is directed to appoint engineer in compliance of the order of State Commission, to assess the cost of the extra work if any executed by the petitioner. This will be done by the District Forum after notice to the complainant the amount so assessed by the District Forum shall be duly paid by the complainant / respondent in terms of the order passed by the state commission. The revision petition stands disposed of accordingly, it is made clear that the possession will, be given and conveyance deed will be executed only after the price of extra work of any executed by the petitioner is paid to him by the respondent/complainant."
On perusal of record we find that this Commission passed the Final Order / Judgment on 16/02/2015 against the O.P / Jdr namely Sukanta Das in C.C./358/2014 and Complainant / Dhr filed this execution case relating to the said Final Order / Judgment.
Thereafter, this Commission received the copy of Final Order passed by the Hon’ble S.C.D.R.C dated 21/12/2017. Thereafter, Jdr filed a petition before this Commission praying for appointment of authorized Engineer Commissioner for physical measurement of the suit flat.
Thereafter, this Commission after hearing both the parties passed order no. 30 dated 16/11/2022 and appointed Mr. S. Chattopadhyay as Engineer Commissioner to hold commission work of the suit flat.
Thereafter, said Engineer Commissioner submitted his report. This Commission after hearing both the parties directed the Complainant / Dhr to pay Rs. 55,890/- for additional 54 sq.ft. area.
Dhr on 19/07/2024 paid the said amount by Demand Draft before this Commission and this Commission accepted the same and this Commission deposited the same in the account of this Commission.
Accordingly we find that Complainant / Dhr complied the direction of the Hon’ble N.C.D.R.C dated 21/12/2017.
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E.A. No. 119/2015
In view of aforesaid discussion it is clear before us that aforesaid petition of Dhr which registered as M.A. case no. 139/2024 should be allowed.
Hence, the petition dated 26/04/2024 filed by the Dhr which registered as M.A. case no. 139/2024 is allowed on contest but without any order as to costs.
O.C./ I.C. Dum dum P.S. is directed to submit the cost of police help by 10/12/2024.
Let a copy of this order be sent to O.C./ I.C. Dum dum P.S. for his information and necessary compliance.
To 10/12/2024for submission of report of O.C./ I.C. Dum dum P.S.
Member President
