West Bengal

North 24 Parganas

MA/220/2024

Ms. Indira Ghosh, D/O- Mr. Sanjit Kumar Ghosh - Complainant(s)

Versus

Chitrahill Realty, Represented by its partner namely M/S Mounthill Relty Pvt. Ltd. through its Direc - Opp.Party(s)

28 Aug 2024

ORDER

DCDRC North 24 Paraganas Barasat
Kolkata-700126.
 
Miscellaneous Application No. MA/220/2024
( Date of Filing : 10 Jul 2024 )
In
Complaint Case No. CC/57/2022
 
1. Ms. Indira Ghosh, D/O- Mr. Sanjit Kumar Ghosh
.
...........Appellant(s)
Versus
1. Chitrahill Realty, Represented by its partner namely M/S Mounthill Relty Pvt. Ltd. through its Director Mr. Hemont Kumar Sikaria
.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Daman Prasad Biswas PRESIDENT
 HON'BLE MR. Sri Abhijit Basu MEMBER
 
PRESENT:
 
Dated : 28 Aug 2024
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No./57/2022      

 

P R E S E N T                        :- Sri Daman Prosad Biswas………President.

                                                 :- Sri.  Abhijit Basu………………. Member.

 

Order No.17

Dated. 28.08.2024

 

Today is fixed for order in respect of the petition which registered as M.A. 220/2024.

 

Ld. Advocate for the Complainant in person is present. Ld. Advocate for the O.P No. 3 is present.

Record is put up for order. Perused the petition dated 10/07/2024 filed by the O.P No. 3 which registered as M.A. case no. 220/2024.

O.P No. 3 stated in the petition that he filed W/V. He is not the party of the agreement so his name should be expunged from the petition of complaint. Complainant filed W/O against the said petition and stated in para no. 7 that prior to entering into agreement for sale dated 01/09/2015, O.P No. 1 & 2  had entered into an agreement for sale dated 14/07/2014 with the O.P No. 3 for the purpose of selling out the suit flat and covered car parking space and as per the said agreement O.P No. 3 has paid Rs. 9,78,250/- and subsequently O.P No. 3 introduced the Complainants with the O.P No. 1 & 2 and arranged a meeting where it has been decided that the suit flat along with covered car parking space shall be purchased by the complainants and Complainant shall pay Rs. 9,78,250/- in favour of O.P No. 3 and subsequently Complainants have paid the said sum to the O.P No. 3 which O.P No. 3 received an acknowledge on behalf of O.P No. 2.

Perused the documents on record. We find that present case should be disposed of in presence of O.P No. 3.

We find that there is an involvement of O.P No. 3 in the dispute of this case and for that reason present case should be disposed of in presence of O.P No. 3.

Considering the entire matter we do not find any merit in the aforesaid petition filed by the O.P No. 3.

Hence, the petition dated 10/07/2024 filed by the O.P No. 3 is considered and rejected.

M.A. case no. 220/2024 is thus disposed of.

 

To 20/09/2024 for reply by the Complainant in respect of questionnaire of O.P No. 3.  

 

 

Member                                              President

 
 
[HON'BLE MR. Daman Prasad Biswas]
PRESIDENT
 
 
[HON'BLE MR. Sri Abhijit Basu]
MEMBER
 

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