Dr. Rajesh Chattopadhyay & Anr vs Saket Promoters Ltd
2022 Latest Caselaw 6049 Cal

29.08.2022 Item No.11 Ct. No.7 CHC (disposed of)

C.O.1978 of 2022

Dr. Rajesh Chattopadhyay & anr.

Vs.

Saket Promoters Ltd.

Mr. Pradip Kumar Tarafder, Mr. Sambuddha Dutta ...for the petitioners

Mr. Farhan Ghaffar, Mr. Y. Salim ...for the opposite party

Petitioners assail the order dated 23rd June, 2022,

passed by West Bengal State Consumer Disputes

Redressal Commission, Kolkata, in connection with

interlocutory application, directing decree-holder to

hand over the key of the flat as mentioned in the

schedule of the agreement dated 14th August, 2014, in

favour of the judgement/debtor in good condition.

Mr. Tarafder, learned advocate appearing for the

petitioners submits that payment in terms of final

order/judgment of the Commission, dated 13th

November, 2019, was made with a delay of about two

years, and the flat was handed over not in good

condition.

It is thus submitted by the petitioners/decree-

holders that since there has been delay caused in

complying with the order passed by the Commission,

interest is thus liable to be given, which has accrued in

the meantime.

Learned advocate appearing for the opposite party

disputes with the submission of petitioners alleging

that there is no interest component mentioned in the

operative portion of the final order dated 13th

November, 2019, and as such judgement/debtor may

not be fastened with the liability to pay any interest

component for whatever may be the reasons,

As decree-holder is fighting over the interest

component for the alleged delay being caused in the

payment of money, as per final order dated 13th

November, 2019, which is also denied by the opposite

party, this Court is of the view that interlocutory

application being No.IA/496/2022 in Execution

Application No.EA/11/2020 needs to be decided afresh

giving a hearing afresh to both the sides, in context

with the points raised, and decide the same in

accordance with the law providing sufficient

opportunity of hearing to either of the parties to this

case. Such application may be disposed of preferably

within a period of two (02) months from the date of

communication of this order.

This revisional application is disposed of without

going into the merits of the case, and without prejudice

to the rights and contentions of the parties.

With this observation/direction, the revisional

application stands disposed of.

Parties are directed to make communication of this

order to the learned court below.

Urgent certified photostat copy of this order, if

applied for, be given to the parties as expeditiously as

possible on compliance of all necessary formalities.

(Subhasis Dasgupta, J.)