| STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | WEST BENGAL | | 11A, Mirza Ghalib Street, Kolkata - 700087 |
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| Complaint Case No. CC/97/2023 | | ( Date of Filing : 05 Aug 2023 ) |
| | | | 1. SUDIPTA MAJUMDER | | PIYARI KABIRAJ LANE, HARINAVI CHAKRABORTY PARA, SOUTH 24 PARGANAS -700148, POLICE STATION -SONARPUR | | 24 PARAGANAS SOUTH | | WEST BENGAL | | 2. ASIM ROY | | QUARTERS NO. T-VI, A-1, NIT SILCHAR, BORAKHAI GRANT, DISTRICT- CACHAR, ASSAM-788010, POLICE STATION- GHUNGOOR | | CACHAR | | ASSAM | | 3. RAMPRASAD PAUL | | S/O MR. JUGAL KISHORE PAUL RESIDING AT 76/66/79, BAG STATION ROAD, KUMARPARA, BAGMORE, PO- KANCHRAPARA, PIN-743145, POLICE STATION- BIZPUR | | 24 PARAGANAS NORTH | | WEST BENGAL | | 4. SNIGDHA SUSMITA SAHOO | | D/O MR. GOURANG CHARAN SAHOO RESIDING AT PLOT NO 249, BHAGABANPUR, PATRAPADA, BHUBANESWAR, ODISHA - 751019, POLICE STATION-TAMANDO | | CUTTACK | | ODISHA | | 5. SOUMI MONDAL | | D/O MR. SWAPAN KUMAR MONDAL RESIDING AT 55-AMARENDRA SARANI, UTTARPARA, HOOGHLY, POLICE STATION- UTTARPARA | | HOOGHLY | | WEST BENGAL | | 6. SUMIT BASU | | S/O MR. SUJIT KUMAR BOSE RESIDING AT 24, C.R. PARK, NATAGARH KADAMTALA, KOLKATA 700113, POLICE STATION-GHOLA | | KOLKATA | | WEST BENGAL |
| ...........Complainant(s) | |
| Versus | | 1. K D DEVELOPERS | | SALUA ROY PARA, WARD NO. 08, PO- RAJARHAT GOPALPUR, KOLKATA-700136, POLICE STATION-AIRPORT | | 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 | | | | |
| Dated : 06 Oct 2023 |
| Final Order / Judgement | Mr. Shyamal Kumar Ghosh, Member - The instant consumer case has been filed by the complainants 6(six) in numbers against the opposite parties praying for refund amounting to Rs.1,66,76,902/- along with interest, compensation, costs etc.
- All the complainants are represented by Mr. Sudipta Majumder 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. | Sudipta Majumder | Flat –M, 3rd Floor, Block –C, 1226 sq.ft | 24.05.2015 | 42,23,200/- | 38,30,869/- | 2. | Asim Roy | Flat –M, 2nd Floor, Block –C, 1226 sq.ft | 24.05.2015 | 42,23,200/- | 35,89,277/- | 3. | Ramprasad Paul | Flat –H, 3rd Floor, Block –B, 1035 sq.ft | 04.06.2019 | 29,99,280/- | 15,72,000/- | 4. | Snigdha Susmita Sahoo | Flat –A, 3rd Floor, Block –A, 951 sq.ft | 24.05.2015 | 33,43,200/- | 26,04,796/- | 5. | Soumi Mondal | Flat –G, 2nd Floor, Block –B, 1262 sq.ft | 03.05.2015 | 43,38,400/- | 28,19,960/- | 6. | Sumit Basu | Flat –F, 4th Floor, Block –B, 968 sq.ft | 01.10.2019 | 26,58,884/- | 22,60,000/- |
- 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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