DIST. CONSUMER DISPUTES REDRESSAL COMMISSION

NORTH 24 Pgs., BARASAT.

M.A. 53/2021

Arising out in C.C. 174/2021

  Date of Filing:                                                                       Date of Disposal:

   08/09/2021                                                                      08/09/2021

Complainant(s):- ASHOKA SEN, D/o Barendra Nath Sen of 143 Balaram

Dey street, Beadon Street, P.S. – Dumdum, Kolkata – 700006 presently residing at 767, Sarat Bose Road, P.O. + P.S. – Dumdum, Kolkata – 700065.

VS.

OP(S):-              1. M/S Chakroborty Construction, having its registered office at 47 N.N. Mukharjee Road, P.O. – Dumdum, P.S. Dumdum, Kolkata – 700065.  

                          2. Sri Ajay Chakroborty, S/o Late Amalendu Chakroborty of 2/A N.N. Mukherjee Road, P.S + P.O. Dumdum, Kolkata – 700065.  

                          3. Sri Provat Das, S/o Late Ratan Das of village Nibabhuri, Nath Para, P.O. – Duttapukur, P.S. – Barasat, Dist:- North 24 Parganas, Pin – 743248.

                          4. Sri Arup Jana, S/o Sunil Jana of Vill + P.O. Deara, P.S. Bhupatinagar, Dist:- Midinipur Pin –

                          Presently residing at 767, Sarat Bose Road, 2^nd Floor, P.O. + P.S. – Dumdum, Kolkata – 700065.

P R E S E N T :- Smt Sukla Sengupta……………...…President

                       :- Shri Susmit Hrishikesh Bhattacharya…….Member

ORDER No. 02

          The instant petition of complaint is filed by the petitioner / complainant coupled with a petition which is registered as M.A. No. 53/2021 The M.A is filed by the petitioner/ complainant with a prayer to restrain the O.P. Nos. 1, 2, 3 and 4 and their men and agents from dispossessing and or ousting the complainant from the ‘B’ schedule property to any 3^rd party and or from doing any illegal acts and or any mischief in any manner in respect of the suit property till disposal of the  M.A case.

Perused the petition under Section 38 (8) of the C.P. Act, 2019. Heard the Ld. Advocate for the petitioner/ complainant. Considered.

          From the content of the petition as well as from the submission of the Ld Advocate for the petitioner/ complainant, it appears that the petitioner/ complainant being a purchaser of the suit flat paid a sum of Rs. 16,50,000/- to the O.P members as consideration money of the flat in question as described in the ‘B’ schedule property of the M.A. It is apprehended by the petitioner/ complainant that the O.P members are trying to dispose of the ‘B’ schedule property to a 3^rd party by depriving the petitioner which the complainant compelled to file this application with a prayer to pass an interim order of injunction to restrain the O.P. Nos. 1,2,3 and 4 from transferring the suit flat to any 3^rd party by any means.

Contd. to Page No. 2. . .

: :  2  : :

M.A. 53/2021

Arising out in C.C. 174/2021

          Considering the facts and circumstances of the case as well as the balance of convenience and inconvenience and the irreparable loss and injury and also considering the submission of the Ld. Advocate for the petitioner/ complainant we find that there is sufficient prima-facie case to pass an interim order of injunction against the O.P. Nos. 1,2, 3 and 4 of this application as prayed for by the petitioner/ complainant.

          Hence the prayer for interim injunction as made by the petitioner / complainant is allowed.

          The O.P. Nos. 1,2,3 and 4 are hereby restrained from transferring the suit flat to any third party as mentioned in the schedule ‘B’ of the petition till disposal of the M.A.

          Issue notice.

The O.P members are directing to appear before this Commission and to file written objection in M.A case before this Commission within 45 days from the date of receipt of notice.

          Todate for S/R.

Dictated and Corrected by me

President

Member                                                                                            President