West Bengal

Kolkata-II(Central)

CC/102/2024

Saima Begam - Complainant(s)

Versus

Hasibul Hossain khan - Opp.Party(s)

30 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/102/2024
( Date of Filing : 24 May 2024 )
 
1. Saima Begam
63,Mofidul Islam lane,P.O.-Entally.P.S.-Beniapukur,C.I.T.Road,Kolkata-700014
...........Complainant(s)
Versus
1. Hasibul Hossain khan
Vill-Jaigulandapur P.S.-Mainan,Dist-Hooghly,Pin-712406,West Bengal.
2. Shaduddin Khan
Vill-Jaigulandapur P.S.-Mainan,Dist-Hooghly,Pin-712406,West Bengal.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sukla Sengupta PRESIDENT
 HON'BLE MR. Reyazuddin Khan MEMBER
 
PRESENT:
 
Dated : 30 May 2024
Final Order / Judgement

Order No. 2                            Dated: 30.05.2024

Today is fixed for admission hearing.

Representative of the complainant is present.  Heard Representative of the complainant on admissibility of the complaint case.

On perusal of the complaint petition it appears that one Saima Begam has filed this Consumer Complaint for deficiency in service against the OPs (i) Hasibul Hossain Khan and (ii) Shaduddin Khan on 24.05.2024.  It has been stated in the consumer complaint that the OPs have made fraudulent activity in breach of contract and one Khondakar Abu Taleb has signed the contract of agreement dated 16.07.2012 and which is related with OP-1 Hasibul Hossain Khan. It has also been stated in the complaint petition that the complainant registered a property of land under a contract agreement dated 16.07.2012 wherein OP-1 has promised to register a shop under JL-23, Mouza-Dharampur which is located on the west side of the staircase, that the property of land which was registered by husband of the complainant is valued at Rs.4,00,000/- approximately, that there was meeting on mediation by Central Consumer Grievance Redressal Cell, W.B. on 24.04.2024 but no fruitful result and the OPs have promised to register the said shop against refund.  Prayer of the complainant is for passing an order by allowing compensation for deficiency in service and mental agony and depression etc. for Rs.15,00,000/- in total. 

Seen the photocopy of the Deed dated 16.07.2012, wherefrom it transpires that OP-1 has purchased one land of 14 decimal from one Kazi Kefayetullah, husband of the complainant and from photocopy of agreement dated 16.07.2012, it reveals that OP-1 has promised to the complainant to register one shop room on the west side of the staircase whereas OP-1 Hasibul Hossain Khan is the Donor and complainant Saima Begam is the Receptor. There is no whisper in the four corners of the consumer complaint regarding development and promoting of the property, consideration money and area of the shop has not been mentioned in the consumer complaint actually the compliant petition is marrow less and the agreement dated 16.07.2012 is unsubstantial one.  It also reveals from the consumer complaint that complainant Saima Begam has filed the case and husband of the complainant has also put his signature in the instant consumer complaint and the instant consumer complaint in hand shows the lack of harmony and sequence of the facts.

In view of the above, it is of the opinion that the matter in dispute does not come within the purview of the CP Act, 2019 and as such we are not inclined to admit the consumer complaint and accordingly the same is not admitted and rejected accordingly. In fact the matter of dispute is Civil in nature.

However, the complainant, if she likes, may agitate before appropriate authority or court of law for redressal of her grievance.

 
 
[HON'BLE MRS. Sukla Sengupta]
PRESIDENT
 
 
[HON'BLE MR. Reyazuddin Khan]
MEMBER
 

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