West Bengal

Rajarhat

MA/108/2023

Smt. Dipa Saha, W/O Sri Pinaki Malakar and D/O Late Satya Ranjan Saha - Complainant(s)

Versus

Annapurna Nirman Private Limited - Opp.Party(s)

15 Mar 2023

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/108/2023
( Date of Filing : 15 Mar 2023 )
In
Complaint Case No. CC/70/2023
 
1. Smt. Dipa Saha, W/O Sri Pinaki Malakar and D/O Late Satya Ranjan Saha
GGF
...........Appellant(s)
Versus
1. Annapurna Nirman Private Limited
FDD
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 15 Mar 2023
Final Order / Judgement

Order No. 01

Ld. Advocate of the complainant is present.

The Misc. Application is taken up for hearing.

Complainants by filing the Misc. Application has prayed for an order restraining the opposite parties from transferring and/or alienating and/or assigning the property mentioned in the second and third schedule of the complaint application till disposal of CC/70/2023.

The complainants have filed the instant complaint case stating that they are the owners of land in question. The opposite parties have entered into an agreement with the complainants for construction of a multi storied building. In terms of the said agreement, the opposite parties are supposed to deliver possession of the flats mentioned in the second schedule of the complaint, but till date they have not complied with the same. The complainants submit that if the opposite parties transfer or assign the flats mentioned in the second schedule in favour of any third party, it would invite multiplicity of the proceeding causing serious inconvenience and damages to the complainants.

Considering the balance of convenience and inconvenience the prayer for interim order is allowed in favour of the complainants.

The opposite parties are hereby restrained by an order for interim injunction from transferring and/or alienating and/or assigning the flats mentioned in the second schedule of the Complaint Application in favour of any person till disposal of the Complaint Case being No. 70/2023.

Let a copy of order be served upon the opposite parties.

The Misc. Application being No. 108/2023 is thus disposed of.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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