Sri Pranay Kumar Goswami & Anr vs Dream Presidency Twins & Ors
2023 Latest Caselaw 7288 Cal

18.10.2023 Sl. No.9(DL) srm

C.O. No. 3768 of 2023

Sri Pranay Kumar Goswami & Anr.

Versus

Dream Presidency Twins & Ors.

Mr. Debjit Mukherjee, Mr. Debdut Mukherjee, Mr. Kaushim Banerjee, Ms. Rashmita Sen ...for the Petitioners.

It appears from the order dated December 19, 2022 that

the learned State Consumer Disputes Redressal Commission

directed the complainants to pay a sum of Rs.5,32,101/- as the

completion certificate had been obtained.

In my, prima facie, view, the order is totally contrary to

the order passed in the complaint case being Complaint Case

No.CC/373/2015.

Rather, in the judgment dated May 14, 2018, the

opposite parties were directed to complete the construction of

the flat allotted to the complainants, provide all facilities and

other contractual obligations, obtain completion certificate and

offer possession of the flat in question.

It further appears that the opposite parties were also

directed to pay compensation in the form of compound

interest @ 18% per annum on and from April 1, 2013 till the

date of obtaining completion certificate. Rs.10,000/- was

allowed as litigation costs.

It also appears that the learned Commission had

directed that if any amount was payable by the complainants

the same should be adjusted from the compensation payable.

In my, prima facie, view no direction has been passed in

the judgment which would compel the executing court to

direct payment of an amount of Rs.5,32,101/-.

Stay of the execution case and the operation of the order

up to May 31, 2024, or until further orders whichever is earlier.

A copy of the revisional application along with a server

copy of this order be served upon the opposite parties as also

upon the learned Advocate for the opposite parties in the

learned Commission.

Affidavit-of-service to be filed on the next date.

Let this matter appear in the combined monthly list of

January, 2024 under the heading "Urgent Motion".

(Shampa Sarkar, J.)