DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./167/2023
Date of Filing Date of Admission Date of Disposal
17.05.2023 05.06.2023 29.04.2024
Complainant/s:- | SMT. SHAMPA DAS, W/o Sri Tapan Kumar Das, Residing at 6E/1B Ramkrishna Ghosh Road, P.O – Sinthee P.S. – Sinthee, Kolkata – 700050. Temporarily residing at:- C/o Sri Biraj Krishna Das, Rabindra Road, Napara P.O – Napara P.S. Barasat, District – North 24 Parganas, Kolkata – 700125. -Vs- |
Opposite Party/s:- | 1. M/S OMKARA REALTORS A partnership Firm represented by its partner Sri Chiranjib Dey (Developer) S/o Sri Ganapati Dey, by faith Hindu, residing at 155, Bidhan Park, P.O – Noapara, P.S. – Baranagar, Kolkata – 700090. 2. SRI BIMALPATI DEY B/O Late Buryyakanta Dey, residing at 12/4/2 Ramkrishna Ghosh Road, P.S. – Sinthee, P.O. Sinthee Kolkata – 700050. 3. SRI DEBAPRASAD DEY S/O Late Buryyakanta Dey, residing at 12/4/2 Ramkrishna Ghosh Road, P.S. – Sinthee, P.O. Sinthee Kolkata – 700050. 4. SRI KUMAR DEY S/O Late Suryakanta Dey, residing at 12/4/2 Ramkrishna Ghosh Road, P.S. – Sinthee, P.O. Sinthee Kolkata – 700050. 5. SMT SIPRA DEY W/o Late Kaliprosad Dey, residing at 12/4/2 Ramkrishna Ghosh Road, P.S. – Sinthee, P.O. Sinthee Kolkata – 700050. 6. SRI RANGIN DEY, S/o Late Kamalapati Dey, residing at 12/4/2 Ramkrishna Ghosh Road, P.S. – Sinthee, P.O. Sinthee Kolkata – 700050. |
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 U/s 35 of the Consumer Protection Act, 2019 praying for direction to the Opposite Parties to hand over the possession of the shop room in favour of the Complainant on receiving the balance consideration amount of Rs. 9,80,000/-, compensation amounting to Rs. 6,00,000/-, litigation cost amounting to Rs. 50,000/- and other reliefs.
He alleged that he entered with an agreement with O.P No. 1 for purchase of a shop room measuring 160 sq.ft. to 170 sq.ft. covered area which specifically mentioned in the petition of complaint. Consideration amount was fixed Rs. 31,80,000/- out of the said amount, Complainant paid Rs. 22,00,000/- but till date O.P no. 1 not yet delivered the said shop room nor executed the deed of conveyance after taking the balance consideration amount of Rs. 9,80,000/-. Hence, the Complainant filed this case.
Decisions with Reasons:-
Case was fixed for Admission Hearing on 05/06/2023. On that date case was admitted, notice was issued and next date was fixed on 28/04/2023 for S/R. On that date i.e. on 28/07/2023, Complainant was absent without any steps.
Next date was fixed on 01/09/2023.
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C.C. No./167/2023
On that date Complainant was found absent. Complainant was asked to file Show Cause by 11/10/2023 as to why necessary order shall not be passed against him vide order no. 03 dated 01/09/2023.
But on the next date i.e. on 11/10/2023 Complainant did not take any steps nor filed Show Cause as per order no. 03 dated 01/09/2023.
Next date was fixed on 05/12/2023 for filing Show Cause by the Complainant.
On that date Complainant was found absent. He did not file Show Cause on 05/12/2023 as per order no. 03 dated 01/09/2023.
Complainant was also absent without any steps on 23/02/2024 and 22/04/2024.
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/167/2023 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
