West Bengal

Rajarhat

MA/11/2022

Saroj Gupta, W/o Late Ramesh Chandra Gupta - Complainant(s)

Versus

MKHS REALTY LLP - Opp.Party(s)

Mr Vishwarup Acharyya

02 Mar 2023

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/11/2022
( Date of Filing : 24 Jan 2022 )
In
Complaint Case No. CC/13/2022
 
1. Saroj Gupta, W/o Late Ramesh Chandra Gupta
Residing At 51, Bangur Avenue, Block-D, 5th Floor, Kolkata-700055, P.S- Lake Town.
2. Rupee Khemka W/O Deepak Khemka
Residing At 138, BRB Basu Road, 3rd Floor, Room No. 326, Kolkata-700001, P.S- Hare Street.
...........Appellant(s)
Versus
1. MKHS REALTY LLP
Registered Office Narayanpur, Kolkata-700136, Dist- North 24 Parganas.
2. Srikant Sikaria , Partner Of The MKHS Realty LLP
Narayanpur, P.O-Rajarhat, Gopalpur, P.S- Narayanpur, Kolkata-700136, Dist- North 24 Parganas.
3. Sweta Sikaria, Partner Of MKHS Realty LLP
Narayanpur, P.O-Rajarhat, Gopalpur, P.S- Narayanpur, Kolkata-700136, Dist- North 24 Parganas.
4. Mounthill Realty Private Limited
Registered Office At Ramesh Mitra Road, Beside 217 Bus Stand, Opp. Rishi Enclave, P.O Rajarhat, Gopalpur, Beraberi, P.S- Narayanpur, Kolkata-700136.
5. HEMONT KUMAR SIKARIA , DIRECTOR OF MOUNTHILL REALTY PVT. LTD.
Office At Ramesh Mitra Road, Beside 217 Bus Stand, Opp. Rishi Enclave, P.O Rajarhat, Gopalpur, Beraberi, P.S- Narayanpur, Kolkata-700136.
6. LGW Ltd.
Registered Address At Narayanpur, P.O- Rajarhat Gopalpur, P.S- Narayanpur, Kolkata-700136.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 02 Mar 2023
Final Order / Judgement

Order No.09

The Ld. Advocate of the complainant is present. The Ld. Advocate of the OP 1 to OP 5 (developer) and the Ld. Advocate of OP no. 6 (land owner) are also present.

The MA/11/2022 in the original case no. CC/13/2022 is taken up for hearing.

The Misc application is filed with a prayer for an advance deposit from the OPs in the form of Fixed Deposit at any nationalized bank to secure claim of the complainant during adjudication of the present complaint and also restraining OPs from dealing with the suit property etc.

It appears from the details as mentioned in the said MA petition that the contents are almost identical to the original complaint petition which is under adjudication at various stages.

But the present application is wholly inconsistent with the stance taken by the complainant cum applicant since the matter is already under adjudication. The subject matter of both the MA petition and original complaint are more or less same excluding only the prayer portion. In the meanwhile claim and counter claims have been made in this form or other raised by both the sides which are interlinked. Therefore, there is no scope to take advance action with the current status of the instant case in respect of this MA petition without proper adjudication of the original case, which may otherwise get prejudiced.

The Consumer Protection Act is a branch of law of torts where the only remedy is damages for either goods being defective or unfair trade practices or deficiency in services. The violation of the principle of natural justice is not akin to the approved ground for filing a MA petition under CP Act.

Hence it is ordered that the said MA petition be and the same is dismissed on contest.

The MA petition is thus disposed of accordingly.

04.05.2023 is fixed for filing evidence by the complainant.

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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