DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. NO-308/2018
E.A. No-265/2015
Date of Filing: Date of Disposal:
01.10.2018 14.12.2018
Dhrs :- Smt. Bhagirathi Basu,
W/o Sri. Asis Kumar Basu, Chandmaridanga,
‘Abinash Sarani’, (Near Police Quarter),
P.O. & P.S. & District-Bankura, Pin-7221`01, West Bengal.
.
=Vs=
Jdrs:- 1. Srimatya Shibani Roy Chowdhury,
W/o Late Alok Roy Chowdhury,
Being one of the Developers/Partners of
M/s. Shivam Construction.
2. Sailee Roy Chowdhury,
D/o Late Alok Roy Chowdhury,
11/1, South Sinthi Road,P.S.-Sinthi, Kolkata-&00 050.
3. Smt. Basanti Kandari,
W/o Sri. Nagendranath Kandari,
36, B.T. Road, P.S.-Baranagar, Kolkata-700 050.
4. Mili Ghosh (De)
W/o Dipankar De,
M/s. Shivam Construction, 8A, D. Gupta Lane, P.O. & P.S.-Sinthi, Kolkata-700 050 and presently residing at Nimta, (Golbagan), P.S.-Belghoria, Kolkata-700 049.
P R E S E N T
:- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. SilpiMajumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order No-28
This order is arising out of the MA being no- 308/2018 filed by the Dhr in the EA no-265/2015 praying forearly disposal of the instant Execution Application..
In the application it is stated by the Dhr that after filing of the instant EA about four years have already elapsed, but till date no fruitful result has been yielded. The Dhr being an aged lady is suffering from various ailments and as such she has appointed her husband as her lawful attorney to take care and steps in this Execution Application.
Cont…………………….2
:2:
The appointed Attorney being her husband is also suffering from several ailments being an aged person and in every occasion he has to travel more or less 300 kilometer for coming in Kolkata from Bankura District. For the abovementioned reasons the Dhr is praying to fix early date and expedite the present Execution Application so that the grievance of the Dhr can be redressed. According to the Dhr if this application is not allowed she will suffer irreparable loss and injury and prayer is made by her for allowing this application.
Copy has duly been received by the Jdrs.
Upon careful perusal of the content of the application it is seen by us that the Dhr did not annex the certified copy of the judgment/final order, which is under execution. Without the said final order/judgment this EA cannot proceed as at the time of execution of the decree we have to peruse the same. The Dhr is directed to submit the same at the earliest.
Regarding ailment of the Dhr and her Attorney we are to say that to corroborate the same no medical papers and documents are forthcoming from the end of the Dhr as the Dhr is under the obligation to substantiate the averment as made out in this application by producing cogent document. Apart from this an ambiguous prayer has been made by the Dhr by filing the application being no-309/2018 wherein prayer is made for expunging the name of the Jdr-4 from the cause title of the present EA. Though the said application is dismissed for non-prosecution, but by filing the same the Dhr has prayed an ambiguous prayer, which does not sustained. In this manner the EA has taken much time for disposal. Moreover due to excessive work load the case/court diary is heavily congested and for this reason fixing of early date is quite impossible. However the Ld. Forum is trying to dispose of the cases as far as practicable according to their capacity. Considering the said present circumstances the prayer of the Dhr cannot be allowed. But we should take step to expedite the matter henceforth.
In view of the above the MA being no-308/2018 is hereby dismissed on contest without any cost.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
