West Bengal

Bankura

EA/28/2013

Shyam Bauri - Complainant(s)

Versus

The District Sub-Registrar and One Other - Opp.Party(s)

Tapan Dey

21 Oct 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

EA/28/2013

  In CC/11/2013

      Date of Filing:  11/11/2013

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

3.Smt. Kabita Acharjee (Goswami)      Ld. Member

 

For the Complainant:Ld. Advocate Debashis Chakrabarty

For the O.P.: Ld. G.P., Bankura

Complainant/Decree Holder (Dhr):

Sri Shyam Bauri (since deceased)S/o Late Manik Bauri, Village: Harrah, P.O.Makrakole, P.S.Onda, District-Bankura, PIN- 722 101

Opposite Party/Judgement Debtor (Jdr):

1.Sri  Anindya Sundar Pradhan, District Sub-Registrar, Bankura, Court Compound, Bankura-722 101

2.The District Magistrate and Collector, Bankura-722 101

  

 FINAL ORDER / JUDGEMENT                                                 

 

Order No.65

Dated:21-10-2024

Dhr. files a petition through Advocate praying for time on the ground stated therein.

Received Certified Copy of Final Order dated: 09/09/2024 from Hon’ble NCDRC, New Delhi in connection with R.P. No.1218/2016 dismissing the Revision Petition as abated on the death of the Petitioner Shyam Bauri.

No Substitution petition is forthcoming on behalf of the Dhr.

The case has a chequered history. The Complainant/Dhr. filed C.C. No.11/2013 against the District Sub-Registrar, Bankura and District Magistrate & Collector, Bankura for delivery of two Registered Kobala.

By judgement dated: 30/07/2013 this Commission disposed of the case by directing the O.P.s for supplying Kobala Deed No.2683, dated: 08/12/2000 with further direction to initiate an enquiry with regard to Kobala on the basis of Receipt No.286196, dated: 08/02/1996 and the appeal therefrom before the Hon’ble State Commission, West Bengal No. being FA/950/2013 was dismissed Ex-Parte by Order dated: 01/03/2016.

                                                                                                                                                                                    Contd……p/2

Page: 2

The Complainant moved the matter before the Hon’ble NCDRC, New Delhi in R.P. No.1218/2016 which has also been dismissed by Order dated: 09/09/2024 as abated on the death of Petitioner Sri Shyam Bauri.

It further appears from the record that the District Sub-Registrar, Bankura by letter dated: 07/10/2013 which is on record, submitted Certified Copy of original Deed No.2683, dated: 08/12/2000 in view of  missing of the aforesaid original Deed and thereafter the same Registering Authority by letter dated: 22/05/2014 which is also on record, has clarified that except Deed No.2683/2000 no other Deed has been presented for registration and so the question of making the delivery of the other Deed is absolutely preposterous in the eye of law.

From the above facts and circumstances of the case it is evident that the Complainant/Dhr. has no further reliefs left in this Execution Case save and except to take delivery of the Certified Copy of Deed No.2683/2000, dated: 08/12/2000 which is lying with the record. In absence of any Substitution petition the Execution Case also stands as abated.

Legal heirs of the Dhr. if any is directed to take back aforesaid Certified Copy on proper receipt and identification within a reasonable time otherwise the Commission will not be liable for custody of the same after destruction of the original record in accordance with law.

Let the entire original record of CC/11/2013 along with EA/28/2013 be preserved in safe custody till the aforesaid Certified Copy is taken back by the concerned party.

Both parties be given copy of this order free of cost.

A copy of this Order be specially given to Ld. Advocate for Dhr., Mr. Debhasis Chakrabarty for taking necessary action.

 

    __________________                                      ________________                              ________________                 

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER                        HON’BLE    MEMBER