NATIONAL Lok Adalat

Order No.  1                                                                                            Date 09/12/2023

          This case record is placed before the Ld. Judges of National Lok Adalat which is held today at the Court Room of D.C.D.R.C., Howrah.

          Both parties & their Ld. Lawyers are found present.

          Heard both sides.  Considered submissions.

          In course of hearing it is agreed by the parties and their Ld. Lawyers that almost all the prayers of the complainant which has been depicted in the complaint petition has been applied by the OPs.  It is revealed that the complainant has already received the possession of the said flat. Execution and Registration of the deed of conveyance  has already been conducted and the OPs already applied  before the Howrah Municipal Corporation for  granting the Completion  Certificate.

           It is also reflected that in spite of submitting  application by the OPs, Howrah Municipal Corporation  has not yet granted the Completion Certificate  and   it is raising  obstacle in the matter of settlement  of the disputes in between the parties.

          Under this position,  the Commissioner / Administrator of the Howrah Municipal Corporation  is specifically directed to issue the compliance certificate  after obtaining  all formalities  and supply the copy of the same within two months  to the concerned party of this case at free of cost otherwise parties are given liberty  to take necessary steps  against Howrah Municipal Corporation.

          At this stage, the complainant side pointed out that the roof top of the said building has been damaged and it is required to be repaired immediately.  But fact remains that no such prayer has been embodied in the complaint petition, so this National Lok Adalat has no jurisdiction  to pass any order  in this regard.  However, the complainant is given liberty to file a fresh suit against necessary parties for getting the said relief and/or other reliefs.

          The copy of the application which has been  submitted before the  Howrah Municipal Corporation by the OPs have been supplied to the complainant  for taking necessary steps.

          At this stage, the complainant  claimed litigation cost.  Over this issue the Judges of the National Lok Adalat  arrived  at the decision, after discussing the matter to both the parties, that OPs  shall pay Rs. 3,000/- as litigation cost early as possible.  It is revealed that one MA Case  being No. 107/2023 has been filed  in this CC Case.  However, as this CC Case No. 21/2020 has been settled  in between  the parties, the MA Case  No. 107.2023 is hereby dropped.

          In the light of the observation made  above this CC Case is disposed of.

          Parties are entitled to get a free  copy of this order immediately.

          Let this order be uploaded in the official website  of DCDRC, Howrah.

          The amount of litigation cost which is settled by this National Lok Adalat has been paid  instantly  by the OP No. 1.  Money receipt filed.  Let it be kept with the record.

Dictated & corrected by me. 

President