West Bengal

Kolkata-I(North)

MA/136/2022

Sri Sukumar Das and another - Complainant(s)

Versus

Sri Bijan Kumar Bagchi and 8 others - Opp.Party(s)

19 Dec 2022

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/136/2022
( Date of Filing : 26 Sep 2022 )
In
Complaint Case No. CC/127/2021
 
1. Sri Sukumar Das and another
S/O Late Sudhir Kumar Das, Flat No. A/F/1, Facing Unit I, 3rd Floor, Premises No. 9A, Mahesh Bhattacharjee Sarani(Formerly Known As Roy Bagan Street), P.S. - Burtala, Kolkata - 700006.
2. Smt. Chabi Das
W/O Sri Sukumar Das, Flat No. A/F/1, Facing Unit I, 3rd Floor, Premises No. 9A, Mahesh Bhattacharjee Sarani(Formerly Known As Roy Bagan Street), P.S. - Burtala, Kolkata - 700006.
...........Appellant(s)
Versus
1. Sri Bijan Kumar Bagchi and 8 others
S/O Late Bimal Kumar Bagchi, Campus Housing Apartment, 461-Tower-4, Shivnagar University, Greater Noida, Gautam Buddha Nagar, Pin - 201314.
2. Smt. Malaya Chakraborty
W/O Late Gopal Chandra Chakraborty, 13, Green Park (Bhagwati Apartment), P.O. - Bangur Avenue, P.S. - Lake Town, Kolkata - 700055.
3. Aniruddha Maitra
S/O Late Amiya Prasad Maitra And Late Asha Maitra, Flat No. B-A, Bhagwati Apartment, 13, Green Park, P.O. - Bangur Avenue, P.S. - Lake Town, Kolkata - 700055.
4. Indrani Maitra (Nee Lahiri), W/O Late Ashoke Maitra
9A,(Formerly Known As 9A,9B And 9C) Mahesh Bhattacharya Sarani(Roy Bagan Street),P.S.-Burtala,Kolkata-700006. And At FlatNo.B-A,Bhagwati Apartment,13,Green Park,PO-Bangur Avenue,P.S.-Lake Town,Kol-55.
5. Ishani Maitra, D/O Late Ashoke Maitra
9A,(Formerly Known As 9A,9B And 9C) Mahesh Bhattacharya Sarani(Roy Bagan Street),P.S.-Burtala,Kolkata-700006. And At FlatNo.B-A,Bhagwati Apartment,13,Green Park,PO-Bangur Avenue,P.S.-Lake Town,Kol-55.
6. Suparna Sarkar
D/O Late Bimal Kumar Bagchi, 1266, Upen Banerjee Road, Parnashree, Flat No. 1, Block - III, Southern Breeze, Kolkata - 700060.
7. M/S. Sumana Construction
20/5, Goalapara Road, P.O. And P.S. - Belgharia, Kolkata - 700056.
8. Sri Barun Chandra Das, Partner Of M/S. Sumana Construction
S/O Late Dhirendra Nath Das, 156/1/3, B. T. Road, Kolkata - 700108.
9. Sri Rajib Sikdar, Partner Of M/S. Sumana Construction
S/O Late Basudeb Sikdar, 20/5, Goalapara Road, P.S. - Belgharia, Kolkata - 700056.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 
PRESENT:
 
Dated : 19 Dec 2022
Final Order / Judgement

Order no. 2              dt. 19.12.2022

Ld. Advocate for the complainant/petitioner is present.

Ld. Advocate for opposite party nos.1 to 3, Ld. Advocate for opposite party no.6 and Ld. Advocate for opposite party no.9 are present.

Misc. Application filed under Order XII Rule 6 read U/S 151 of CPC is taken up for hearing.

Perused. Considered.

Heard both side.

Ld. Advocate for the complainant submits that opposite party nos.1 to 3, 6 and 9 disclosed in their respective written versions that they are ready to execute the Deed of Conveyance in favour of the complainant. So, there is no bar to pass a judgement under Order-XII Rule-6 read with Section 151 of CP.C in favour of the complainant directing the opposite parties to execute a registered Deed of Conveyance in respect of the Schedule-B property.

Ld. Advocate for the opposite parties raised objection.

Ld. Advocate for opposite party no.6 submits that the provision of Order-XII Rule-6 read with Section 151 CPC is not applicable in C.P. Act,2019. Moreover, the opposite party nos.8 and 9 have not paid entire amount to them. If the rest amount is paid by the complainant or opposite party nos.8 and 9 they are ready to execute the Deed of Conveyance in favour of the complainant / petitioner.

The Code of Civil Procedure is applicable to the extent which have been specifically mentioned in the Consumer Protection Act,2019.

Order-XII Rule-6 of C.P. Code is not applicable in terms of Consumer Protection  Act,2019.

Moreover, the question raised by the opposite party no.6 is to be adjudicated on the basis of evidence of the parties.

In view of the above, the Misc. Application under Order-XII Rule-6 read with Section 151 CPC dated 26/09/2022 stands rejected on contest without cost.

Thus, the Misc. Application is disposed of.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 

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