SABYASACHI BHATTACHARYYA, J. - (1.) The judgment-debtors in an award passed by the District Consumer Forum and upheld in appeal by the State Commission have preferred the instant application under Article 227 of the Constitution of India. By the impugned order dated March 10, 2021, the District Forum, in connection with Execution Application No.12 of 2019, modified its previous order dated March 5, 2021, whereby the Inspector-in-Charge (IC) of the Burdwan Police Station was restrained from taking any coercive measure against the judgment-debtors, and the IC was directed to execute and submit E.R. and warrant of arrest against the judgment-debtors.
(2.) The short backdrop of the case is that the complainant/opposite party no.1 had lodged a complaint before the District forum against the petitioners. The District Consumer Dispute Redressal Forum at Muchipara, Burdwan, by its award dated August 31, 2018, had allowed the said complaint, bearing Consumer Complaint No. 66 of 2017 on contest with costs, directing the revisionist petitioners to make over delivery of possession of a plot of land by effecting execution and registration of a deed of sale in favour of the complainant after receiving the residue amount of Rs. 2,79,000/- from the complainant within 60 days of the award. In default, the present petitioners were directed to refund the entire amount of Rs. 15,21,000/- to the complainant within 60 days from the award, with interest at the rate of 18% per annum from the date of filing of the case till realisation. The revisionist petitioners were further directed to pay compensation of Rs. 5,000/- for mental pain, agony and harassment and litigation costs of Rs. 2,000/- to the complainant, also within 60 days from the award, failing which the complainant was at liberty to put the entire award into execution as per provisions of law.
(3.) The revisionist petitioners preferred First Appeal No. A/16/2018 before the Asansol Circuit Bench of the West Bengal State Consumer Dispute Redressal Commission. However, the State Commission, vide its judgment of order dated March 27, 2019, dismissed the petitioners' appeal on contest without any order as to costs.;