West Bengal

North 24 Parganas

MA/127/2023

Sree Mintu Kumar Biswas, S/O- Lt. Nalini Ranjan Biswas - Complainant(s)

Versus

Maa Aparajita Construction, Represented by its sole Proprietor - Opp.Party(s)

03 Aug 2023

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Miscellaneous Application No. MA/127/2023
( Date of Filing : 03 Aug 2023 )
In
Complaint Case No. CC/54/2022
 
1. Sree Mintu Kumar Biswas, S/O- Lt. Nalini Ranjan Biswas
.
...........Appellant(s)
Versus
1. Maa Aparajita Construction, Represented by its sole Proprietor
.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. Smt. Sukla Sengupta PRESIDENT
 HON'BLE MR. Sri Abhijit Basu MEMBER
 HON'BLE MS. Ms. Monisha Shaw MEMBER
 
PRESENT:
 
Dated : 03 Aug 2023
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

M.A. 127/2023

Arising out in C.C. No. 54/2022  

 

Complainant/s:-

Sri Mintu Kumar Biswas

 

=Vs.=

 

Opposite Party/s:-

Maa Aparajita Construction, Represented by its sole proprietor

         

 

P R E S E N T                :- Smt. Sukla Sengupta……………President.

:- Smt. Monisha Shaw.…………… Member.

                                       :- Sri.  Abhijit Basu………………. Member.

 

Order No.13

Dated. 03.08.2023

 

Both the parties are present. Today is fixed for hearing of M.A. being no. 128/2023. The application is taken up for hearing. Heard both sides.

 

At the meets of the hearing, it appears that for proper adjudication of the subject matter it would be wise to decide the matter along with final hearing of this case. Hence, let the M.A. 128/2023 be kept upon to hear at the time of final hearing of the case.

 

At this stage, the Complainant files another M.A. being no. 127/2023. Copy served.

 

Perused the petition U/s 35 of the Consumer Protection Act, 2019 filed by the Complainant r/w Section 151 of C.P. code. From the content of the petition it appears that the Complainant prayed for getting measurement of the allocated portion of both the parties in respect of the subject property by appointing an Engineer Commissioner for holding local investigation on the point as mentioned in the M.A. 127/2023.

Ld. Advocate for the Opposite Party did not raised any objection rather he consented to allow the petition.

 

Under such circumstances, the Commission is of view to consider the application i.e. M.A. being no. 127/2023 favourably to the Complainant. The Engineer  Commissioner Mr. S. Chattopadhyay (Mobile No. 9831681155 / 9433002375, Email Id: 31/10/2023.

 

Contd. To Page No. 2 . . . ./

: :  2  : :

M.A. 127/2023

Arising out in C.C. No. 54/2022  

 

Complainant is directed to deposit a sum of Rs. 5,000/- (five thousand) towards the Engineer Commissioner’s fee at the Office of D.C.D.R.C., Barasat, North 24 Parganas.

 

Office to take steps. Let the M.A. being No. 127/2023 be disposed of on consent.

 

 

Member                              Member                    President                                                   

         

 
 
[HON'BLE MS. Smt. Sukla Sengupta]
PRESIDENT
 
 
[HON'BLE MR. Sri Abhijit Basu]
MEMBER
 
 
[HON'BLE MS. Ms. Monisha Shaw]
MEMBER
 

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