Tripura

StateCommission

EA/1/2019

Sri. Snigdhendu Bikas Dey - Complainant(s)

Versus

Sri. Somit Majumder, - Opp.Party(s)

Mr. Kajal Nandi

26 Jun 2020

ORDER

The instant Execution Case is filed by the decree holder-complainants, Shri Snigdhendu Bikash Dey and Smt. Smriti Dey against Sri Samit Mazumder, Managing Director of M/s Eastern India Business Associates Pvt. Ltd. for compliance of order dated 16.09.2019 which is as follows:-

“16.09.2019: Today the matter is fixed for order.

Complainant Sri. Snigdendu Bikash Dey appeared for himself and complainant No. 2 his wife along with their Ld. Counsel Mr. A.L Saha as well as Mr. Samit Majumder, Mananging Director M/S Eatern India Buisness PVT. LTD. also appeared for himself and opposite No. 2 along with their Ld. Counsel Mr. M.K. Arya.

Both the complianant buyers and opposite party M/S Eatern India Buisness PVT. LTD. (Builder) submitted an application for disposal of the instant complaint case as per terms and conditions mentioned in their complaint petition filed today before this commission.

Heard the Ld. Counsel of the parties as well as complainant No. 1 for himself and complainant No. 2 as well as the opposite party No. 1 M/S Eatern India Buisness PVT. LTD. for opposite party No. 1 & 2.

We have gone through the terms and conditions as stated in the compromised petition.

Terms and conditions are as follows:-

1. Iron removal plant shall be installed by the opposite         party No. 01 (Builder) within one month from today and the money for installation of the Electric Transformer shall be deposited by the opposite party (Builder) to the TSECL within one month from the date of assessment done by the TSECL.
2. The complainant buyers of the Flat shall pay Rs. 3,00,000/-(Rupees Three Lakhs) to the opposite party (Builder) within one month by cheque and there after registration of the flat shall be done by the opposite party (Builder) within two weeks from the date of receipt of cheque without any further claim from the complainants.
3. In default the complainant shall have the right to raise his demands again in accordance with law.

As agreed by the parties the complainant petition is disposed of as per terms and condition mentioned in the compromised petition.

Terms and condition shall be part of this order.

It is made clear in default of terms and conditions the parties are at liberty to act in accordance with law.” 

Heard Mr. A.L. Saha, Ld. Counsel appears on behalf of the decree holder-complainants as well as Mr. S. Datta Choudhuri, Ld. Counsel appearing for the Sri Samit Mazumder.

In terms of the earlier order of this Commission dated 20.05.2020, Sri Samit Mazumder, Managing Director of M/s Eastern India Business Associates Pvt. Ltd. has appeared in the Execution Case in person along with cheque issued by the decree holder-complainants.

Mr. Datta Choudhuri, Ld. Counsel has submitted that the instant Execution Petition is not maintainable being the same is not filed against the judgment debtor, M/s Eastern India Business Associates Pvt. Ltd., rather the same is filed against Sri Samit Mazumder in person. He also submits that Sri Samit Mazumder has already resigned from M/s Eastern India Business Associates Pvt. Ltd.

Mr. Saha, Ld. Counsel submits that the Execution Petition is maintainable as the same is filed against Sri Samit Mazumder, Managing Director of M/s Eastern India Business Associates Pvt. Ltd.

We have gone through the compromise petition as well as the complaint petition from which it appears that the compromise was done between the parties wherein the complainants (complainant no.1 on behalf of both the complainants) and their Ld. Counsel have put their signatures and on the other hand, Sri Samit Mazumder has signed for Managing Director of M/s Eastern India Business Associates Pvt. Ltd. and one Mr. Mridul Kanti Arya, Ld. Advocate also signed the compromise petition on behalf of the opposite parties. In terms of the order of this Commission dated 16.09.2019, the complainant no.1 handed over a cheque amounting to Rs.3 lakhs to the opposite parties without any date which is evident from the copy of the cheque as annexed with the Execution Petition. Therefore, according to us, the complainants failed to comply to the order of this Commission. More so, neither M/s Eastern India Business Associates Pvt. Ltd., the opposite party no.1 nor Shri Narayan Chandra Roy, the opposite party no.2 are made party in the instant Execution case, rather Sri Samit Mazumder is made party in person. As Sri Mazumder has already resigned from opposite party no.1 it would be proper for the complainants-decree holders to comply the order dated 16.09.2020 and thereafter file the execution case making the actual person as party i.e. Managing Director of opposite party no.1 who can execute the order.  

In view of the above, we are of the considered opinion that the instant Execution Case is not maintainable. Hence, the same is disposed of.

However, the complainants are at liberty to file appropriate application in accordance with law, if so advised.