DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./116/2024
Date of Filing Date of Admission Date of Disposal
22.04.2024 NIL 24.05.2024
Complainant/s:- | ASHISH POREY, S/o Jugal Porey, Residing at Vill – Soai, Police Station Ghatal, Saoyai, Paschim Medinipur, West Bengal – 721212 Office Address: Holding No. 185, Under Ward no. 35 of Panihati Municipality, District – North 24 Parganas, Kol – 700111. -Vs- |
Opposite Party/s:- | 1. MAGNOLIA INFRASTRUCTURE DEVELOPMENT LIMITED, Registered Office Address 10wl, 10th floor, West Tower, Plot No. 2F/04, Street No. 372, Action Area 2F, Kolkata – 700156, West Bengal. 2. SRI VIVEK PODDAR, Director of MAGNOLIA INFRASTRUCTURE DEVELOPMENT LIMITED (PAN – APJPP9042B), Son of Sri Milan Poddar, By Faith Hindu, By Nationality – Indian, Residing at BE – 111, Salt Lake, Kolkata – 700064, Police Station – Bidhan Nagar (North). 3.a) GOPESH CHAKRABORTY b) TARUN CHAKRABORTY c) ARUP CHAKRABORTY All are son of Gopal Chakraborty, all are residing at Nabapalli, Circular Road, North Baluria, P.O – Nabapalli, P.S. Barasat, Dist. – North 24 Parganas – 700126. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainant above named filed this complaint against the aforesaid Opposite Parties praying for direction to refund of advance money amounting to Rs. 2,96,064/-, interest, compensation amounting to Rs. 50,000/- and other reliefs.
He alleged that he being a purchaser entered into an agreement for sale dated 04/11/2019 with the O.Ps. As per said agreement, he was agreed to purchase one flat with the consideration of Rs. 8,01,800/-. Out of the said amount he paid Rs. 2,96,064/- but Opposite Parties not yet provided the flat nor refunded the money.
Hence, he filed this case.
Decisions with Reasons:-
Case was fixed for Admission Hearing on 29/04/2024. On that date Ld. Advocate for the Complainant prayed for adjournment and that was allowed. Next date was fixed on 06/05/2024.
On 06/05/2024, Ld. Advocate for the Complainant prayed for adjournment and that was allowed. Next date was fixed on 13/05/2024.
On 13/05/2024, case was adjourned due to no quorum. Next date was fixed on 14/05/2024.
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C.C. No./116/2024
On 14/05/2024, Complainant was absent without any steps, he was asked to file Show Cause by 21/05/2024 as to why necessary order shall not be passed against him.
But on the next date i.e. on 21/05/2024 Complainant did not take any steps nor filed Show Cause as per order no. 04 dated 14/05/2024.
Complainant did not file original documents with the petition of complaint. Hence, we are unable to consider his prayer.
The conduct of the Complainant indicates that he is not willing to proceed with this case. In this situation we have no other alternative but to dismiss the case.
In the result, present case fails.
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/116/2024 is dismissed ex-parte against the Opposite Parties but without any order as to costs being not admitted.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
