Order No.4                 Date: 30.12.2021

Today fixed for hearing.

Ld. Advocate submits a photo copy of sale deed executed by Bangshi Mia and Md. Hanif, Minor Somi Khatun, Minor Chunni Khatun, Minor Akher Hossain represented by natural guardian Md. Hanif executed in favour of Manik Chandra Kairi.

Ld. Advocate also submitted that the tax receipt issued by the Kolkata Municipal Corporation in the name of Manik Chandra Kairi and further submits that the land in question mutated in the name of Manik Chandra Kairi and files assessment receipt in favour of Manik Chandra Kairi.

In this case the only prayer is that the developer did not handover the possession along with the completion certificate, water and light connection as per development agreement.

At the time of admission hearing the only question before me the land is thika land and the complainants are purchased the flat as per this agreement for sale which was developed by the developer and now another question before me who will execute the sale deed in favour of the purchasers in respect of flat in question.

So Kolkata Municipal Corporation is the necessary party in this instant case but Kolkata Municipal Corporation has not made party to this suit. Moreover, I am not satisfied with the point that how thika land being sold out by the thika tenant along with the developer by the strength of development agreement.

So, in my view, this complaint case has no merit. I refused to admit this complaint case and hence it is liable to be dismissed.