DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./103/2022
Date of Filing Date of Admission Date of Disposal
11.04.2022 22.04.2022 22.08.2024
Complainant/s:- | SRI SUNIL KUMAR RUDRA, Son of Late Hironmoy Rudra, residing at 219, Nandan Nagar, P.o. Nandannagar P.S. Belgharia, Kolkata : 700083. -Vs.- |
Opposite Party/s:- | M/S B.D. CONSTRUCTION, A Partnership Firm, having its office at Pa-Nandan nagas 223, Nandan Nagar Kolkata; 700083, Belgharia, Represented by its Partners, 1. SMT. RUMA BASAK, Wife of Late Rabi Sankar Basak, Presently Residing at 2nd floor, 9, Verner Lane, Po-Nandannagar P.S. Belgharia, Kolkata:700083. 2. SMT. SUBHRA DAS, Wife of Sri Bishnupada Das, P.O-Nandaunagar Residing at 223, Nandan Nagar, P.S. Belgharia, Kolkata; 700083. |
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 handing over the actual size of the flat to the owner according to the terms of development agreement, compensation amounting to Rs. 10,75,000/-, damage amounting to Rs. 5,00,000/-, cost of the case amounting to Rs. 2,00,000/- and other reliefs.
Decisions with Reasons:-
Case was admitted on 22/04/2022. Thereafter 16/05/2024 was fixed for hearing of petition but on that date Complainant was absent without any steps.
Complainant was asked to file Show Cause by 24/06/2024 as to why necessary order shall not be passed against him vide order no. 13 dated 16/05/2024.
But on the next date i.e. on 24/06/2024, 26/06/20224 and 11/07/2024 Complainant did not take any steps nor filed Show Cause as per order no. 13 dated 16/05/2024.
On 24/07/2024 Complainant filed Show Cause which was not sufficient. However, same was accepted with cost of Rs. 500/-. But on the next date i.e. on 21/08/2024 Complainant not yet appeared nor paid cost as per order no. 17 dated 24/07/2024.
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C.C. No./103/2022
Accordingly we find that Complainant is not diligent regarding his case.
Complainant did not produce original documents in support of his case so this Commission is unable to decide this case 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/103/2022 is dismissed ex-parte 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
C.C. No./103/2022
Order No:19
Dated:-22.08.2024
Today is fixed for final order / judgment. Complainant is absent without any steps.
Final Order / Judgment is ready and same is pronounced in open Ejlash.
Final Order / Judgment is kept with the record. As per Final Order / Judgment.
It is
Ordered:-
That the present case be and the same vide no. CC/103/2022 is dismissed ex-parte 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
