West Bengal

Howrah

CC/207/2024

SRI ARIJIT CHAKRABURTY - Complainant(s)

Versus

Absar Ali alias Haji Absar Ali - Opp.Party(s)

Tanmay Nath, Surajit Dutta

19 Nov 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/207/2024
( Date of Filing : 05 Nov 2024 )
 
1. SRI ARIJIT CHAKRABURTY
S/o. Late Narendra Kumar Chakraburty 14/1, Bihari Lal Chakraborty Lane, P.O & P.S & District- Howrah- 711101
...........Complainant(s)
Versus
1. Absar Ali alias Haji Absar Ali
S/o. Late Md. Jakir Hossain Bhubandanga, P.O. & P.S.- Bolpur, Birbhum-731204
2. Jagannath Construction
office at 83/A, Chandra Master Road, P.O.-Nona-Chandanpukur, P.S.-Titagarh, North 24 Parganas, Kolkata-700122 Represented by its sole proprietor- Sri Prasant Kumar Ray S/o. Sri Pabitra Kumar Roy
............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 : 19 Nov 2024
Final Order / Judgement

Order No:  3                                                                                        Date:19/11/2024

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

It is the main point of contention that the O.ps. have not refunded the unrest money and also have not complying the terms and conditions of the Agreement for Sale.

After going through the Agreement for Sale it is revealed that the Agreement for Sale was executed on 14/08/2022 and according to the terms and conditions of the said Agreement the O.ps. are liable to discharge their liability within 2 years and 9 months. But fact remains that the said period of 2 years and 9 months is not yet over and for that reason there is no cause of action. It clearly indicate that it is a premature case. So, this case is not admitted and it is dismissed. No order is passed as to cost.   

Dictated & corrected by me.

 

President

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

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