West Bengal

Rajarhat

MA/18/2021

The Director, Wellhomes Projects Pvt. Ltd. - Complainant(s)

Versus

Mrs. Mitali Mitra W/o Shaktipada Mitra - Opp.Party(s)

Mr. Subhankar Sanyal

23 Dec 2021

ORDER

Additional 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/18/2021
( Date of Filing : 04 Feb 2021 )
In
Complaint Case No. CC/253/2020
 
1. The Director, Wellhomes Projects Pvt. Ltd.
Office at 186 Rajarhat Road,P.S-Airport,Kolkata-700157
2. The Director,Team Taurus Realty & Infrastructure Pvt.Ltd.
DN 51,Merline Infinity,Suite No.610,6 floor,Sector V,P.S-Electronics Complex,Kolkata-700091
...........Appellant(s)
Versus
1. Mrs. Mitali Mitra W/o Shaktipada Mitra
Residing at Flat no.503,Jai Jagannath Apartment,Noipukur,Rajarhat,PS-Rajarhat,Kolkata-700135
2. Mr.Srimanta Mitra S/o Shaktipada Mitra
Residing at Flat no.503,Jai Jagannath Apartment,Noipukur,Rajarhat,P S-Rajarhat,Kolkata-700135
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:Mr. Subhankar Sanyal, Advocate for the Appellant 1
 
Dated : 23 Dec 2021
Final Order / Judgement

Order  No.05

            Today is fixed for hearing of the MA 18/2021.

From the record it is apparent that on the previous date the Ld. Advocate of the Ops was absent and no step on behalf of the Ops were taken.

From the complaint, which has given rise to the registration of this case, discloses that for purchasing a flat a substantial amount was advanced by the complainant to the developer but the developer could not perform his part of agreement. Delivery of the possession was not given in time and construction was not also finished. This is why the complainant has filed this case mainly seeking refund of the advanced amount and also for other reliefs. We do not find anything wrong to hold a view that the case is maintainable. May be for this reason the Op has abstains from moving this Miscellaneous Application for dismissal of this case on the ground that it is not maintainable. Such being the position, the application being no. MA/18/2021 is dismissed on merit.

16.02.2022 is fixed for filing questionnaire by the Ops with reference to the evidence adduced by the complainant.

Let plain copy be given to the parties, free of cost, as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.