DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 107/2020

     Date of Filing                          Date of Admission                       Date of Disposal

      12.11.2020                                    23.12.2020                              16.05.2024

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 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  dated 01/02/2016 for purchase of a residential flat. Consideration amount was fixed to Rs. 28,43,000/-.

Cont. to Page No. 2 . . . ./

: :  2  : :

C.C. No. 107/2020

            Complainant paid the entire consideration amount of Rs. 28,43,000/-. Said flat was registered on 20/07/2016 at the office of A.D.S.R. Sodepur, vide Deed no. 152403990 of 2016. 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 his case.

            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/107/2020 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