West Bengal

Kolkata-I(North)

CC/14/662

Shantimoyee Chatterjee - Complainant(s)

Versus

Ashok Kumar Bose, Managing Director, Desire Agro Resorts Development Pvt. Ltd. - Opp.Party(s)

14 Nov 2014

ORDER

Consumer Disputes Redressal Forum, Unit-1, Kolkata
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site : confonet.nic.in
 
Complaint Case No. CC/14/662
 
1. Shantimoyee Chatterjee
147, Lake Town, Block-B, Kolkata-700089.
...........Complainant(s)
Versus
1. Ashok Kumar Bose, Managing Director, Desire Agro Resorts Development Pvt. Ltd.
P-525, Hemanta Mulherjee Sarani, Kolkata-700029.
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Order No.  2  dated  14/11/2014

Representative of the complainant appears and submits the case on behalf of complainant. Upon considering his submissions and on careful scrutiny of the materials on record, it appears that complainant made his payment last on 3.2.10, the receipt of which has been annexed by complainant with the petition of complaint. Representative of the complainant submitted that o.p. has not handed over the land in question to the complainant in spite of receipt of the payment, which was made last on 3.2.10.

            There is no scrap of paper in the record wherefrom it is evident that any communication or whatsoever had been made by complainant to o.p. between 3.2.10 and 11.6.14. It appears from annex-C of the complaint petition that complainant has made a communication to o.p. on 11.6.14 i.e. no communication or whatsoever has been made by complainant within two years from the date of last payment. So, only the letter dt.11.6.14 after a lapse of almost four years cannot create any cause of action to waive the matter from barred by limitation.

            In view of the above, instant complaint is rejected being barred by limitation.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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