DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. CASE NO. 17/2021
Arisen out of the C.C. No- 48/2021
Date of Filing: Date of Disposal:
24.02.2021 24.02.2021
Complainant/s :- 1. Sri Debasis Banerjee, S/o Late Sisir Kumar Banerjee, of
54, Nimai Chhai Bhai Lane, P.O. – Khagra, P.S. – Berhampore, District – Murshidabad, Pin – 742103.
= Vs. =
O.P/s:- 1. M/S G.G Enterprise, A partnership firm having its
office at 38 Sabuj Sarani, P.S. – Dum Dum, Kolkata – 700065.
2. Sri Partha nag, S/o Sri Gopal Chandra nag of 26 Balaka, P.O. – Rabindranagar, P.S. – Dum Dum, Kolkata – 700065.
3. Sri Goutam Das, S/o Nirode Baran Das of 38 Sabuj Sarani, P.S. – Dum Dum, Kolkata – 700065.
4. Sri Harendranath Ghosh, S/o Late Hiralal Ghosh
5. Sri Dilip Kumar Ghosh
6. Sri Dipak Ghosh
7. Sri Dipankar Ghosh
8. Sri Tirthankar Ghosh
9. Sri Suvankar Ghosh
10. Sri Suvendu Ghosh
All sons of Sri Harendranath Ghosh All of 122 Madhusudan Road, Subhas nagar, P.S. – Dum Dum, Kolkata – 700065.
11. Sri Manodeep Das
S/o Late Sujit Das
12. Sri Sudip Das
S/o Late Sujit Das
Both of 4/4B, Ramnarayan Mukherjee Road, Sarsana Chatterjee para, Kolkata – 700061.
13. Smt. Ruma Majumder, W/o Kartick Majumder of 2/2 Mahajati Nagar, Siddheswari, Bazar, Birati, Kolkata – 700051
14. Smt. Soma Ghosh, W/o Anupam Ghosh of Nopara Hosing, Barasaat, District – North 24 Parganas.
15. Sri Swarup Majumder, S/o Naresh Majumder of 119/2 Bankim Park R.B. Road, Birati, Kolkata – 700051
16. Smt. Rubi Sarkar, W/o Debasish Sarkar of 122 Madhusudan Road, Subhas Nagar, P.S. – Dum Dum, Kolkata – 700065.
17. Smt. Sabita Ghosh, W/o Late Nirmal Kumar Ghosh
18. Smt. Bailu Ghosh, S/o Late Nirmal Kumar Ghosh
19. Sri Pradip Ghosh, S/o Late Nirmal Kumar Ghosh, all of 121 Madhusudan Road, Subhas Nagar, P.S. Dum Dum, Kolkata – 700065.
20. Smt. Rina Ghosh, W/o Sri Dilip Kumar Ghosh, 122 Madhusudan Road, Subhas Nagar, P.S. Dum Dum, Kolkata – 700065.
P R E S E N T :- Smt. Sukla Sengupta………..…..President.
:- Smt. Monisha Shaw……………………Member.
:- Sri Susmit Hrishikesh Bhattacharya……..Member.
Contd. to Page No. ……..02
Page No. 02
M. A. CASE NO. 17/2021
Arisen out of the C.C. No- 48/2021
Complainant is filed coupled with a petition which is registered as M.A. 17/2021. The M.A. is filed by the petitioner with a prayer to restrain the O.P. members and their men and agents from transferring the right title interest of the suit property described in Schedule ‘B’ of the M.A. by way of execution and registration of the deed of conveyance to the third party and to hand over the khas possession thereof till disposal of the case.
Perused the petition U/s 38(8) of C. P. Act. Heard Ld. Advocate for the petitioner. Considered.
From the content of the petition it appears that the petitioner being a purchaser paid a sum of Rs. 9 lakhs to the O.P. members as the consideration money of the suit flat as mentioned in Schedule ‘B’ of the M.A. It is the apprehension of the complainant that the O.P. members are trying to dispose of the Schedule ‘B’ property to a third party by executing a deed of sale depriving the petitioner. Hence the instant application is filed with a prayer to pass an interim order of injunction to restrain the O.P. members and their men and agents from transferring the suit flat to any third party by executing the deed of conveyance.
Considering the facts and circumstances of the case and the balance of convenience and inconvenience and irreparable loss and injury as well as the submission of the Ld. Advocate of the petitioner we do not find any prima facie case to pass any interim order of injunction against the O.P. members, because mere apprehension of mind of any person cannot indulge any Court / Commission to pass any restraining order against any person rather it will cause the delay of the proceedings of this case which is against the view of the legislature.
Hence, the prayer for interim order of injunction is considered and rejected.
Thus, the instant M.A. 17/2021 is disposed of.
To date 06/04/2021 for S/R.
Dictated and Corrected by
President
Member Member President
