Complaint Case No. CC/199/2023 | ( Date of Filing : 02 Nov 2023 ) |
| | 1. Sanjeet Madnani | S/o Sri Prem Chand Madnani, 56, Ballygunge Place, P.S.- Ballygunge, South 24 Parganas, Kolkata - 700019. |
| ...........Complainant(s) | |
Versus | 1. A. S. Enterprise | 2C, Naba Kumar Raha Lane, P.O.-Shyambazar, P.S.-Shyampukur, Kolkata-700004, Represented by its Proprietor Sri Asim Banerjee as the Developer. | 2. Sri Nirmal Kumar Banerjee | S/o Late Haradhan Banerjee, 13, Gopal Chandra Mukherjee Road, P.O. Cossipore, P.S. Chitpur, Kolkata - 700002, District of 24 Parganas(S). | 3. Sri Debasish Banerjee | S/o Sri Nirmal Kumar Banerjee, 13, Gopal Chandra Mukherjee Road, P.O. Cossipore, P.S. Chitpur, Kolkata - 700002, District of 24 Parganas(S). | 4. Smt. Ana Akuli | W/o Sri Pradip Akuli, 13, Gopal Chandra Mukherjee Road, P.O. Cossipore, P.S. Chitpur, Kolkata - 700002, District of 24 Parganas(S). |
| ............Opp.Party(s) |
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Final Order / Judgement | Order No. 4 Ld. Advocate for the complainant is present. The case is taken up for admission hearing. Perused. Considered. It appears from the cause title of complaint that opposite party no.1 is ‘A.S. Enterprises a proprietorship concern’. It is apparent on the face of the record that opposite party no.1 is not a juristic person. On further perusal it appears that the case has been filed U/s 17 of the Consumer Protection Act, 1986, which has been repealed. At this stage, in course of hearing Ld. Advocate for the complainant without taking leave of the Court left the Court Room. Considering the observation made above, we are of the opinion that the complaint case filed by the complainant in its present form is not maintainable and liable to be rejected. Fees paid is correct. Hence, it is O R D E R E D that the complaint case be and the same is dismissed without cost. | |