West Bengal

Hooghly

MA/51/2023

SRI SUKUMAR PAL - Complainant(s)

Versus

M/S ELITE CONSTRUCTION - Opp.Party(s)

ADV PRIYAM DEY

04 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/51/2023
( Date of Filing : 22 May 2023 )
In
Complaint Case No. CC/79/2023
 
1. SRI SUKUMAR PAL
43 BHADRAKALI, GT RD, P.O - BHADRAKALI, P.S- UTTARPARA, 712232
HOOGHLY
WEST BNEGAL
...........Appellant(s)
Versus
1. M/S ELITE CONSTRUCTION
26 BANERJEE PARA ST, P.O AND P.S- UTTARPARA, 712258
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 04 Dec 2023
Final Order / Judgement

This case record is put up today for consideration for passing order.

Perused the injunction application and the W/O filed by ops.

The argument highlighted by both sides has already been heard. Considered submission.

It is the main point of contention and argument of the ops of this M.A. case that the C.C. no. 79 of 2023 is a premature case and so this case is not maintainable.

On the other hand, the applicant pointed out that the ops have not yet completed the said flat and they are intending to transfer the said flat to the third party.

On the background of the above noted points of submission highlighted by both sides this District Commission after going through the material of this case record as well as the case record of C.C. no. 79 of 2023 finds that this District Commission after considering the urgency, prima facie case, balance of convenience and inconvenience and documents filed by the complainant/ applicant has passed the said order of injunction. Moreso, the said order of injunction also was extended time to time.

Considering all the above noted factors let the ad interim order of injunction which is passed in this M.A. case be made absolute till the disposal of C.C. no. 79 of 2023.

In the light of the observation made above this M.A. no. 51 of 2023 be and the same is disposed of on contest.

Let the case record of M.A. case be tagged with the case record of C.C. 79 of 2023.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Babita Choudhuri]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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