Mir Dara Sheko, J. - (1.) The Supplementary affidavit dated May 2, 2017 annexing the document submitted by the petitioners and reply thereto annexing the document submitted by opposite party nos. 2 to 5 in compliance to this Court's order, kept with record.
(2.) The application under Article 227 of the Constitution of India has been directed by the builders-developerspetitioners /judgment debtors/opposite parties/appellants, who will be called on hereafter as the petitioners, assailing order dated April 24, 2016 of the State Consumer Disputes Redressal Commission, West Bengal refusing the petitioners' prayer of non-execution of the bailable warrant of arrest directed by the District Consumer Disputes Redressal Forum Kolkata Unit-I on May 04, 2015.
(3.) Mr. Jha learned counsel for the petitioners drew attention of this Court to the order dated May 25, 2012 passed by the National Consumer Disputes Redressal Commission in the Revision Petition No. 3432 of 2011 which was instituted by the opposite party no.1, where the petitioners and Kolkata Municipal Corporation were the respondents. The relevant portion of said order of the National Consumer Disputes Redressal Commission is set out:- Counsel for the respondent no.1/builder states that he has recently received a notice/demand of Rs. 42,672/- as penalty for unauthorized construction which the builder will deposit/pay to the Kolkata Municipal Corporation shortly and will also complete all the formalities required for issuing the completion certificate. He also undertakes that once the completion certificate is issued there will be no impediment in the complainant obtaining water and sewage connection. Taking this as an undertaking of the builder on record, we dispose of the revision petition. Builder is directed to complete the entire exercise within three months. After completing all the formalities, Kolkata Municipal Corporation is directed to issue completion certificate expeditiously.;