| STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | WEST BENGAL | | 11A, Mirza Ghalib Street, Kolkata - 700087 |
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| Complaint Case No. CC/96/2023 | | ( Date of Filing : 05 Aug 2023 ) |
| | | | 1. SANJIB KUMAR RAY | | SOUTH CITY RESIDENCY, TOWER 4, FLAT 13 H, 375 PA SHAH ROAD, KOLKATA | | 24 PARAGANAS SOUTH | | WEST BENGAL | | 2. ARUP RATAN BHATTACHARYA | | 12/2 , 55 BALAKA, M.G ROAD, THAKURPUKUR, KOLKATA-700104 | | 24 PARAGANAS SOUTH | | WEST BENGAL | | 3. BHASWAN BANDYOPADHYAY | | D/404 CHANDI APT, 433 INDIRA GANDHI ROAD, KONNAGAR, HOOGHLY- 712235 | | HOOGHLY | | WEST BENGAL | | 4. BENIMADHAB GUHA | | 56/2 P.MAJUMDER ROAD, KOLKATA-700078 | | KOLKATA | | WEST BENGAL | | 5. SUBHAMOY BHAUMIK | | DAKSHIN HARKULI ,P.O-DAKSHINMOYNA , MOYNA , PURBA MEDINIPUR -721629, POLICE STATION-MOYNA | | MEDINIPUR EAST | | WEST BENGAL | | 6. RAJEEV SHARMA | | E-308, BINAYAK, ENCLAVE, 59, KALI CHARAN GHOSH ROAD, KOLKATA -700050, POLICE STATION-SINTHI | | KOLKATA | | WEST BENGAL | | 7. AMIT PATHAK | | SHIBMANDIR, CHELIDANGA, ASANSOL, 713304, POLICE STATION- ASANSOL SOUTH. | | PASCHIM BARDHAMAN | | WEST BENGAL |
| ...........Complainant(s) | |
| Versus | | 1. K D DEVELOPERS | | SALUA ROY PARA, WARD NO. 08, PO- RAJARHAT GOPALPUR, KOLKATA | | 24 PARAGANAS NORTH | | WEST BENGAL | | 2. DEBASHISH BISWAS | | BAJETARAF, PO- SHIKARPUR, NORTH-24 PARGANAS, 700135, POLICE STATION- RAJARHAT | | 24 PARAGANAS NORTH | | WEST BENGAL | | 3. TAPASI BISWAS | | BAJETARAF, PO- SHIKARPUR, NORTH-24 PARGANAS, 700135, POLICE STATION- RAJARHAT | | 24 PARAGANAS NORTH | | WEST BENGAL | | 4. RADHE SHYAM MONDAL | | S/O LATE HASYABADAN MONDAL RESIDING AT VILL- JATRAGACHI, PO- GHUNI, KOLKATA- 700157, POLICE STATION- NEWTOWN | | 24 PARAGANAS NORTH | | WEST BENGAL |
| ............Opp.Party(s) |
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| BEFORE: | | | | HON'BLE MR. JUSTICE MANOJIT MANDAL PRESIDENT | | | HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER | | | HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER | |
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| PRESENT: | ABHIMANYU SHANDILYA, Advocate for the Complainant 1 | | | ABHIMANYU SHANDILYA, Advocate for the Complainant 2 | | | ABHIMANYU SHANDILYA, Advocate for the Complainant 3 | | | ABHIMANYU SHANDILYA, Advocate for the Complainant 4 | | | ABHIMANYU SHANDILYA, Advocate for the Complainant 5 | | | ABHIMANYU SHANDILYA, Advocate for the Complainant 6 | | | ABHIMANYU SHANDILYA, Advocate for the Complainant 7 | | | | |
| Dated : 06 Oct 2023 |
| Final Order / Judgement | Mr. Shyamal Kumar Ghosh, Member - The instant consumer case has been filed by the complainants 7 in numbers against the opposite parties praying for refund amounting to Rs. 1,93,33,923/- along with interest, compensation, costs etc.
- All the complainants are represented by Mr. Sanjib Kumar Ray who is one of the complainants in the instant consumer case.
- The matter has been taken up for admission hearing.
- We have heard the ld advocate appearing for the complainants at length and in full.
- We have considered the submissions of the ld advocate.
- We have meticulously perused all materials available on the record.
- Having heard the ld advocate and upon careful perusal of the relevant documents and papers we find the following scenario which are analysed below:
- Each and every complainant has booked separate flat in question at different consideration amount.
- The agreement for sale has been executed between the parties on the different dates.
- Payment of consideration amount is also different.
In pursuant to the above observation , the following table shows the detail: Sl. No. | Name of the Complainant | Description of flat booked | Date of execution of sale agreement | Total consideration (amount in Rs.) | Payment consideration out of total agreed amount | 1. | Sanjib Kr. Ray | Flat –L, 4th Floor, Block –C, 1301 sq.ft | 06.07.2017 | 42,03,000/- | 34,26,186/- | 2. | Arup Ratan Bhattacharya | Flat –B, 3rd Floor, Block –A, 881 sq.ft | 22.05.2018 | 33,83,921/- | 22,13,041/- | 3. | Bhaswan Bandyo padhyay | Unit -A, 4th Floor, Block –A, North Side, 951 sq.ft | 03.08.2015 | 32,98,100/- | 22,14,336/- | 4. | Benimadhab Guha | Flat –H, 4th Floor, Block –B, 1040 sq.ft. | 10.09.2015 | 33,12,800/- | 32,08,660/- | 5. | Subhamoy Bhowmik | Flat–D, 2nd Floor, Block –A, 1135 sq.ft. | 07.03.2019 | 39,66,050/- | 35,32,943/- | 6. | Rajeev Sharma | Flat –C, 4th Floor, Block –A, 940 sq.ft. | 09.05.2015 | 32,14,000/- | 25,26,783/- | 7. | Amit Pathak | Flat –D, 4th Floor, Block –A, 1135 sq.ft. | 05.10.2020 | 22,70,000/- | 19,29,500/- |
- Keeping in view of above observations there is no hesitation to hold that in the instant consumer case, separate cause of action has been arisen. The claim of each complainant is totally different. Not only that there is no story of common interest among the complainants. The claim of refund of all complainants has been clubbed together in one petition of complaint. Thus the petition of complaint suffers from so many difficulties and irregularities.
- Under such circumstances, it is our view that the matter should be filed by the complainants properly in pursuant to the provisions of the Consumer Protection Act, 2019.
- Hence, the instant petition of complaint is not at all maintainable in the eye of law and as such it is liable to be dismissed.
- The instant consumer case stands dismissed against the opposite parties at the admission stage.
- However a liberty is given to the complainants to file the same afresh before the appropriate Forum within 30 days from the date of passing of the order.
- The instant CC case stands disposed of as per above observations.
- Note accordingly.
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| | | [HON'BLE MR. JUSTICE MANOJIT MANDAL] | PRESIDENT
| | | | | | [HON'BLE MRS. SAMIKSHA BHATTACHARYA] | MEMBER
| | | | | | [HON'BLE MR. SHYAMAL KUMAR GHOSH] | MEMBER
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