West Bengal

Howrah

CC/138/2024

SMT. PAPIA DEB - Complainant(s)

Versus

Abid Raja Khan - Opp.Party(s)

Samiran Ghosh

30 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/138/2024
( Date of Filing : 11 Jul 2024 )
 
1. SMT. PAPIA DEB
W/o. Sri Bijan Krishna Deb 74/2, Dakshin Baksara, 1st Bye Lane, P.S.- A.J.C Bose B. Garden, Howrah-711109
...........Complainant(s)
Versus
1. Abid Raja Khan
S/o. Kamruddin Ahmed Khan 486, G.T. Road (South), P.S. & P.O.: Shibpur, Howrah-711102
2. Md. Naeem
S/o. Md. Ramjan 219/B Old China Bazar, P.S. & P.O.: Hare Street, Kolkata-700001
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 30 Jul 2024
Final Order / Judgement

Order No:  3                                                                                         Date:30/07/2024

Today is fixed for admission hearing. Complainant side is found present and ready. Heard Ld. Advocate for the complainant side. Considered submission.

It the main point of contention and argument of the Ld. Advocate for the complainant that the O.ps. have violated the terms and conditions of the Development Agreement and has not carried out the direction given in the Development Agreement for which the complainant has approached before this District Commission for getting remedy.

On close examination of the Development Agreement it is found that the clause no.7.2 under Article VII of the said Development Agreement is void ab-initio. So, against the void contact/Development Agreement this District Commission has no power to act upon. Moreover, the sanction plan filed by the complainant has been sanctioned by the concerned authority on 29/04/2017 but the Development Agreement executed on 04/03/2021. There is no explanation for such delayed execution of the Development Agreement.

Considering above all the factors this District Commission is of the view that there is no scope to admit this complaint case. So, this complaint case is not admitted and it is dismissed.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.