West Bengal

Kolkata-I(North)

CC/14/745

Sri Somen Chowdhury and another - Complainant(s)

Versus

Desire Agro Resorts Dev. Pvt. Ltd. and 2 others - Opp.Party(s)

23 Dec 2014

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/14/745
( Date of Filing : 09 Dec 2014 )
 
1. Sri Somen Chowdhury and another
S/o Late S. K. Chowdhury, Santragachi Station Rd., P.O. - G. I. P. Colony, P.S. - Jagachha, Howrah - 711112.
2. Ms. Subhra Chowdhury, D/o Sri Soumen Chowdhury
Santragachi Station Rd., P.O. - G. I. P. Colony, P. S. - Jagachha, Howrah - 711112.
...........Complainant(s)
Versus
1. Desire Agro Resorts Dev. Pvt. Ltd. and 2 others
P-525, Hemanta Mukhopadhyay Sarani (Previously Raja Basant Roy Rd.), P.S. - Lake, Kolkata - 700029. Previous Add. : P-85, Lake Rd., Kolkata - 700029.
2. Ashoke Bose, Managing Director
DESIRE AGRO RESORTS DEV. PVT. LTD., P-525, Hemanta Mukhopadhyay Sarani, P.S. - Lake, Kolkata - 700029.
3. Sanjay Kumar Shaw, Director
DESIRE AGRO RESORTS DEV. PVT. LTD., P-525, Hemanta Mukhopadhyay Sarani, P.S. - Lake, Kolkata - 700029.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr. Subir Kumar Chaudhuri PRESIDING MEMBER
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
PRESENT:
 
Dated : 23 Dec 2014
Final Order / Judgement

Order No.  2  dt.  23/12/2014

Complainant in person is present and submits his case.

Upon considering his submission and on perusal of the entire materials on record, it appears that the agreement which was executed on 6.4.05 between Subhra Chowdhury only and complainant no.1 is not a party in the agreement whereas in the instant case has been filed by one Sri Somen Chowdhury and Ms. Subhra Chowdhury.

Beside this, in the agreement there is no signature of purchaser and there is no existence of witness in the agreement.

Under such circumstances, it is clear that though the instant case has been filed by Somen Chowdhury and Subhra Chowdhury whereas the agreement has been executed by Subhra Chowdhury and o.p.

Besides the said agreement cannot be called as agreement since there is no signature of purchaser and witness.

In view of the above, the instant case is dismissed due to defective agreement as has been stated above since the case depends upon the said agreement. 

 
 
[HON'BLE MR. Dr. Subir Kumar Chaudhuri]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER
 

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