| 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 |
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| Complaint Case No. CC/500/2022 | | ( Date of Filing : 26 Aug 2022 ) |
| | | | 1. Jayanta Kumar Bhowmik, S/o. Late Narendra Nath Bhowmik | | 1582/2,Rajdanga Main Road,Type I,Building 3,Block-GD,Flat No.C-2/3,Purba Apartment,P.O.-EKTP,P.S.Kasba,Dist.-South 24 Parganas,Kolkata-700107 | | 2. Ratna Bhowmik,W/O-Jayanta Kumar Bhowmik | | 1582/2,Rajdanga Main Road,Type I,Building 3,Block-GD,Flat No.C-2/3,Purba Apartment,P.O.-EKTP,P.S.Kasba,Dist.-South 24 Parganas,Kolkata-700107 |
| ...........Complainant(s) | |
| Versus | | 1. Director, Simoco System and Infrastructure Solutions Limited | | Godrej Genesis Building,2nd floor,Block EP & GP,Sec-V,Salt Lake ,Electronics Complex,Kolkata-700091 |
| ............Opp.Party(s) |
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| Final Order / Judgement | Today is fixed for passing order on the question as to the admissibility of the complaint. After taking into account the submission advanced by the Ld. Advocate of the complainant and the contents of the petition of complaint we find that only for delay in delivering possession the purchaser has filed this case seeking compensation from the developer. The agreement for sale was made on 03.06.2015 and possession was given on 09.10.2020 – although delivery of possession ought to have been done within 42 months from the date of agreement. But the said agreement contains a vital clause for transfer of the agreed flat under a registered deed of sale and there is no mention in the complaint as to whether the said transfer has ever been effected. That means the complaint is tainted with concealment of material flat. We think that the complainant should be placed at liberty in future, after execution and registration of sale deed, to pick up another cause of action from the self-same agreement. For prevention of multiplicity of litigation and for concealment of material fact as made by the complainant at the time of preparing the complaint, the complaint should, we think, not be admitted. Hence, it is ordered, that the case be and the same is dismissed as not being admitted. Let a plain copy be given to the parties free of cost as per CPR. Dictated and corrected by [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT | |
