| Final Order / Judgement | DIST. CONSUMER DISPUTES REDRESAL COMMISSION NORTH 24 Pgs., BARASAT. C.C. No. 106/2020 Date of Filing Date of Admission Date of Disposal 12.11.2020 23.12.2020 16.05.2024 Complainant/s:- | i) SRI ABHISHEK CHATTERJEE, son of Sri Shambhu Nath Chatterjee, aged about 33 years, by faith – Hindu, by Occupation – Service and ii) SMT. JAYEETA CHATTERJEE, wife of Sri Abhishek Chatterjee, aged about 28 years, by faith – Hindu, by Occupation – House wife both residing at SATYA SAI ABASAN, Flat No. 16, 4th floor, 11/1, Central Road, H.B. Town, P.O. – Sodepur, P.S – Khardah, District North 24 Parganas, Kolkata – 700110. =Vs= | Opposite Party/s:- | 1. M/s. AAKASH UDYYOG, a registered proprietorship Firm, having its principal place of business at 12, B.T. Road, Trinayna Apartment, Ground floor, P.O. & P.S. – Belgharia, Kolkata – 700056, District – North 24 Parganas. 2. MR. AAKAASH M. KUMAR, the Proprietor of M/s. AAKAASH UDYYOG and son of Sri Anil Sarkar, by faith – Hindu, by occupation – Business, residing at Premises No. 302, Sunit Banerjee Road, P.O – Ghola Bazar, P.S – Ghola, Kolkata – 700111, District North 24 Parganas. 3. SRI SUJAY RAY, son of late Ranjan Ray, by faith – Hindu, by Nationality – Indian, by occupation – Service, residing at 11/1, Central Road, H.B. Town, P.O – Sodepur, P.S – Khardah, District North 24 Parganas, Kolkata – 700110. 4. SMT. SHYAMALI ROY, wife of late Ranjan Roy, by faith – Hindu, by Nationality – Indian, by occupation House wife, residing at 11/1, Central Road, H.B. Town, P.O – Sodepur, P.S – Khardah, District North 24 Parganas, Kolkata – 700110. 5. SRI SUDIPTA RAY, son of Sri Shyamal Ray, by faith – Hindu, by Nationality – Indian, by occupation – Service, residing at 11/1, Central Road, H.B. Town, P.O – Sodepur, P.S – Khardah, District North 24 Parganas, Kolkata – 700110. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President. :- Sri. Abhijit Basu…………………. Member. Contd. To Page No. 2 . . . ./ : : 2 : : C.C. No. 106/2020 JUDGMENT/FINAL ORDER Complainant above named filed this complaint under Section 35/36 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction to the Opposite Parties to issue completion certificate, compensation amounting to Rs. 2,00,000/-, cost of the case amounting to Rs. 10,000/- and other reliefs. He alleged that O.P No. 3-5 are the owners of the land and O.P No. 1 and 2 are the developer. They constructed one G+4 building, Complainant intend to purchase one flat. He entered into an agreement for sale for purchase of a residential flat. Consideration amount was fixed to Rs. 26,00,000/-. Complainant paid the entire consideration amount of Rs. 26,00,000/-. Said flat was registered on 14/07/2017 at the office of A.D.S.R. Sodepur, vide Deed no. 152403777 of 2017. Thereafter, Complainant on several occasions asked the O.Ps for issue of completion certificate but O.Ps did not pay any heed. Legal notice was given to the O.Ps but no fruitful result was found. Hence, the Complainant filed this case. Decisions with Reasons:- Case was admitted on 23/12/2020. Notice served upon the O.Ps but they did not turn up. On 13/09/2023 was fixed for filing W/V by O.P No. 2, 3 and 4 but they did not file W/V. Case is running ex-parte against O.P No. 2-4 vide order no. 20 dated 05/10/2023. Thereafter, 23/04/2024 was fixed for evidence by the Complainant. On that date Complainant was found absent without any steps till 2:50 p.m. He was asked to file Show Cause by 15/05/2024 as to why necessary order shall not be passed against him. On 15/05/2024 Complainant not yet appeared nor filed Show Cause. He did not file original copy of all the necessary documents so that this Commission can adjudicate this case on merit. The conduct of the Complainant indicates that he has lost his interest to proceed with this case. In the result, present case fails Hence , It is Ordered, That the present case be and the same vide no. CC/106/2020 is dismissed against the Opposite Parties but without any order as to costs. Let a plain copy of this order be given to the parties free of cost as per CPR, 2005. Dictated and Corrected by me President Member President | |
