M/S Ashirbad Construction, represented by its Partners V/S Sri Rana Dasgupta, S/O- Prabir Kumar Dasgupta - Consumer Court Case

West Bengal

North 24 Parganas

CC/67/2022

Sri Rana Dasgupta, S/O- Prabir Kumar Dasgupta - Complainant(s)

Versus

M/S Ashirbad Construction, represented by its Partners - Opp.Party(s)

Rajesh Biswas

14 Aug 2024

ORDER

DCDRC North 24 Paraganas Barasat

Kolkata-700126.

Complaint Case No. CC/67/2022

( Date of Filing : 11 Mar 2022 )

1. Sri Rana Dasgupta, S/O- Prabir Kumar Dasgupta

Madhukunja Apartment, Vivekananda Park, 4th Floor, Flat No- F-9, PO- Sodepur, PS- Ghola, Kolkata- 700110

North 24 Parganas

2. Smt. Shefali Dasgupta, W/O- Rana Dasgupta

Madhukunja Apartment, Vivekananda Park, 4th Floor, Flat No- F-9, PO- Sodepur, PS- Ghola, Kolkata- 700110

North 24 Parganas

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

Versus

1. M/S Ashirbad Construction, represented by its Partners

Ashoke Sen Nagar,PO- Sodepur, PS- Ghola, Kolkata- 700110

North 24 Parganas

2. Sri Shibnath Roy (Developers), S/O- Lt. Baidya Nath Roy

Ashoke Sen Nagar,PO- Sodepur, PS- Ghola, Kolkata- 700110

North 24 Parganas

3. Sri Biltu Sarkar, S/O- Paresh Chandra Sarkar

Gourangonagar, PO- Natagarh, PS- Ghola, Kolkata- 700113

North 24 Parganas

4. Sri Ashim Kumar Saha, S/O- Lt. Madhusudan Saha

A/6, Vivekananda Park, Po- Sodepur, PS- Ghola, Kolkata- 700110

North 24 Parganas

5. Sri Amit Kumar Saha. S/O- Lt. Madhusudan Saha

A/6, Vivekananda Park, Po- Sodepur, PS- Ghola, Kolkata- 700110

North 24 Parganas

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

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

PRESENT:

Dated : 14 Aug 2024

Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

C.C. No./67/2022

Date of Filing Date of Admission Date of Disposal

11.03.2022 24.03.2022 14.08.2024

Complainant/s:-

1) SRI RANA DASGUPTA, Son of Prabir Kumar Dasgupta

2) SMT. SHEFALI DASGUPTA, Wife of Rana Dasgupta

Residing at, Madhukunja Apartment, Vivekananda Park, 4^th Floor, Flat No. – F-9, Post Office – Sodepur, Police Station – Ghola, Kolkata – 700110, District North 24 Parganas, West Bengal.

-Vs.-

Opposite Party/s:-

1) M/s. ASHIRBAD CONSTRUCTION, A partnership firm, having its principal place of business and office at Ashoke Sen Nagar, Post Office – Sodepur, Police Station – Ghola, Kolkata – 700110, District North 24 Parganas, West Bengal.

2) SRI SHIBNATH ROY (DEVELOPERS), Son of Late Baidya Nath Roy, Residing at, Ashoke Sen Nagar, Post Office – Sodepur, Police Station – Ghola, Kolkata – 700110, District North 24 Parganas, West Bengal.

3) SRI BILTU SARKAR, Son of Paresh Chandra Sarkar, Residing at, Gourangonagar, Post Office – Natagarh, Police Station – Ghola, Kolkata – 700113, District – North 24 Parganas, West Bengal.

4) SRI ASHIM KUMAR SAHA (LANDOWNERS), Son of Late Madhusudan Saha

5) SRI AMIT KUMAR SAHA, Son of Late Madhusudan Saha,

Both are residing at, A/6, Vivekananda Park, Post Office – Sodepur, Police Station – Ghola, Kolkata – 700110, District North 24 Parganas, West Bengal.

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 against the aforesaid Opposite Parties praying for direction to issue completion certificate, compensation amounting to Rs. 3,00,000/-, cost of the case and other reliefs.

He alleged that he by paying Rs. 2494800/- purchased a flat from the O.Ps but till date O.Ps not yet issued completion certificate.

Hence, he filed this case.

Decisions with Reasons:-

Case was admitted on 24/03/2022. Thereafter 24/01/2024 was fixed for evidence by the Complainant. On that date Complainant was absent without any steps. However, another date was fixed on 29/04/2024.

On 29/04/2024 Complainant was found absent. Complainant was asked to file Show Cause by 05/08/2024 as to why necessary order shall not be passed against him vide order no. 13 dated 29/04/2024.

But on the next date i.e. on 05/08/2024 Complainant did not take any steps nor filed Show Cause as per order no. 13 dated 29/04/2024.

Next date was fixed on 14/08/2024 for final order.

Contd. To Page No. 2 . . . ./

: : 2 : :

C.C. No./67/2022

On perusal of record we find that Complainant not yet filed original documents relating to the dispute and for that reason we are unable to pass any final order on merit.

The conduct of the Complainant indicates that he is 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/67/2022 is dismissed ex-parte against the Opposite Party 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/67/2022

Sri Rana Dasgupta, S/O- Prabir Kumar Dasgupta - Complainant(s)

Versus

M/S Ashirbad Construction, represented by its Partners - Opp.Party(s)

Rajesh Biswas

14 Aug 2024

ORDER

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