M/S Aakaash Udyyog Rep. by Mr Aakaash M Kumar V/S Sri Sisir Kumar Ghosh S/O Lt D N Ghosh - Consumer Court Case

West Bengal

North 24 Parganas

CC/91/2020

Sri Sisir Kumar Ghosh S/O Lt D N Ghosh - Complainant(s)

Versus

M/S Aakaash Udyyog Rep. by Mr Aakaash M Kumar - Opp.Party(s)

Mrina Kanti Roy

28 Oct 2024

ORDER

DCDRC North 24 Paraganas Barasat

Kolkata-700126.

Complaint Case No. CC/91/2020

( Date of Filing : 10 Nov 2020 )

1. Sri Sisir Kumar Ghosh S/O Lt D N Ghosh

SATYA SAI ABASAN, Flat no. 02, 1st floor, 11/1 Central Rd., H B Town, PO Sodepur, PS Khardah, Kolkata- 700110.

North 24 Parganas

West Bengal

...........Complainant(s)

Versus

1. M/S Aakaash Udyyog Rep. by Mr Aakaash M Kumar

12, B T Road, Trinayna Apartment, Ground Floor, PO and PS- Belgharia, Kol- 700056.

North 24 Parganas

West Bengal

............Opp.Party(s)

BEFORE:
	HON'BLE MR. Daman Prasad Biswas PRESIDENT
	HON'BLE MR. Sri Abhijit Basu MEMBER

PRESENT:

Dated : 28 Oct 2024

Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

C.C. No./91/2020

Date of Filing Date of Admission Date of Disposal

10.11.2020 23.12.2020 28.10.2024

Complainant/s:-

1) SRI SISIR KUMAR GHOSH, son of Late Debendra Nath Ghosh, aged about 52 years, by faith – Hindu, by Nationality – Indian, by Occupation – Service and 2) SMT. JHUMKI GHOSH, wife of Sri Sisir Kumar Ghosh about 43 years, by faith – Hindu, by Nationality – Indian, by Occupation – House wife residing at SATYA SAI ABASAN, FLAT No. 02, 1^st Floor, 11/1, Central Road, H.B.Town, P.O – Sodepur, P.S. – Khardah, District North 24 Parganas, Kolkata – 700 110.

-Vs.-

Opposite Party/s:-

1. M/s. AAKAASH 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- 700 056, 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-700 111, 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-700 110.

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, Parganas, District North 24 Parganas, Kolkata-700 110.

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-700 110.

P R E S E N T :- Sri. Daman Prosad Biswas……….President.

:- Sri. Abhijit Basu…………………. Member.

JUDGMENT /FINAL ORDER

Complainants above named filed this complaint against the aforesaid Opposite Parties praying for direction to issue Completion Certificate, compensation amounting to Rs. 2,00,000/-, litigation cost amounting to Rs. 10,000/- and other reliefs.

Opposite Parties appeared in this record and filed W/V but they are not taking any steps since 14/07/2023.

Decisions with Reasons:-

Case was admitted on 23/12/2020. Thereafter 20/09/2024 was fixed for filing evidence by the Complainants as last chance along with cost of Rs. 500/- but on that date Complainants were absent without any steps.

Complainants were asked to file Show Cause by 28/10/2024 as to why necessary order shall not be passed against him vide order no. 22 dated 24/09/2024.

Contd. To page no. 2 . . . ./

: : 2 : :

C.C. No./101/2024

But on the next date i.e. on 28/10/2024 Complainants did not take any steps nor filed Show Cause as per order no. 22 dated 24/09/2024.

Complainants did not produce original documents in support of their case, so this Commission is unable to decide this case on merit. Previously Complainants were asked to file Show Cause by 08/01/2024 as to why necessary order shall not be passed against him vide order no. 18 dated 26/09/2023. Complainants subsequently filed Show Cause on 08/01/2024 and that was allowed with cost of Rs. 500/- but Complainant did not pay the said cost till date.

The conduct of the Complainants indicate that they are not willing to proceed with this case.

In this situation we have no other alternative but to dismiss the case.

In the result, present case fails.

Hence,

It is

Ordered:-

that the present case be and the same vide no. CC/91/2020 is dismissed on contest against the Opposite Parties but without any order as to costs.

Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

President

Member President

[HON'BLE MR. Daman Prasad Biswas]

PRESIDENT

[HON'BLE MR. Sri Abhijit Basu]

MEMBER

West Bengal

North 24 Parganas

CC/91/2020

Sri Sisir Kumar Ghosh S/O Lt D N Ghosh - Complainant(s)

Versus

M/S Aakaash Udyyog Rep. by Mr Aakaash M Kumar - Opp.Party(s)

Mrina Kanti Roy

28 Oct 2024

ORDER

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