M/s Swati Builders and construction V/S Rathindra Chandra Sarkar,S/o Late Rabindra Chandra Sarkar - Consumer Court Case

West Bengal

North 24 Parganas

MA/6/2022

Rathindra Chandra Sarkar,S/o Late Rabindra Chandra Sarkar - Complainant(s)

Versus

M/s Swati Builders and construction - Opp.Party(s)

27 Jan 2022

ORDER

DCDRF North 24 Paraganas Barasat

Kolkata-700126.

Miscellaneous Application No. MA/6/2022

( Date of Filing : 27 Jan 2022 )

Complaint Case No. CC/4/2021

1. Rathindra Chandra Sarkar,S/o Late Rabindra Chandra Sarkar

...........Appellant(s)

Versus

1. M/s Swati Builders and construction

...........Respondent(s)

BEFORE:
	HON'BLE MR. JUSTICE Debasish Mukhopadhay PRESIDENT
	HON'BLE MS. Ms. Monisha Shaw MEMBER

PRESENT:

Dated : 27 Jan 2022

Final Order / Judgement

DIST. CONSUMER DISPUTES REDRESSAL COMMISSION

NORTH 24 Pgs., BARASAT.

M.A. No. 06/2022

Arising out of C.C. NO. 04/2021

Date of Filing: Date of Admission Date of Disposal:

27.01.2022 27.01.2022 27.01.2022

Complainant/(s) :-

Rathindra Chandra Sarkar,

S/o. Late Rabindra Chandra Sarkar,

67, Railway Park, Iswar Chatterjee Road,

P.O. Sodepur, P.S. Khardah, Pin-700110,

Dist- North 24 Parganas, W.B.

Opposite Party/(s):

-Vs-

1.M/s. Swasti Builders and Construction,

30, Umesh Mukherjee Road,

P.O. P.S. Belgharia, Kolkata-700056.

2.Hiren Krishna Paul,

S/o. Late Shyam Lal Paul,

30, Umesh Mukherjee Road,

P.O. P.S. Belgharia, Kolkata-700056.

3. Hemanta Pul,

S/o. Hiren Krishna Paul,

30, Umesh Mukherjee Road,

P.O. P.S. Belgharia, Kolkata-700056.

4. Ranjit Kumar Das,

S/o. Dr. Jyotish Chandra Das,

5. Arun Kumar Das,

S/o. Ranjit Kumar Das,

Both 4 and 5 are residing at

40, Railway Park, P.O. Sodepur,

P.S. Khardah, Kolkataa 700110,

Dist- North 24 Parganas.

P R E S E N T

:- Smt. Monisha Shaw …………………. Member.

:- Shri Susmit Hrishikesh Bhattacharya…Member.

C/R is put up today. Ld. Advocate for the Complainant files a put up petition praying for appointing of an Engineer Commissioner. Let the petition is registered as M.A. being No. 06/2022. Prayer is considered and allowed.

From the materials on record it appears that vide Order No. 05 dated 06/12/2021, the case will run ex – parte against all O.P. members. The Complainant submitted that the O.Ps provided 48 sq. ft. less area in the flat in question then what

Contd. To Page No. 2 . . .

: : 2 : :

M.A. No. 06/2022

Arising out of C.C. NO. 04/2021

was promised and agreed to be given to the Complainant by virtue of an agreement of sale date 27/11/2019. The Complainant further alleged that the O.P. No. 1 / developer was supposed to hand over the flat in question with super built up area of 730 sq. ft. The O.P. No. 1 / developer provided the flat in question with a carpet area of 567.13 sq. ft. which is equivalent to super built of 681.56 sq. ft. based on arrangement between the parties that 20% area will be added with the carpet area to calculate the super built area.

Considering the facts and circumstances of the case as well as the balance of convenience and inconvenience of the same and also considering the submission of the Ld. Advocate for the Complainant it appears to this Commission that there is no prejudice to allow this petition. Prayer is considered and allowed. The Engineer Commissioner Mr. S. Chattopadhyay (Mobile No. 9831681155 / 9433002375, Email Id:

The aforesaid Commissioner shall have right to receive a copy of this order and he will have right to collect the relevant papers from the concerned parties.

Office is directed to supply the writ to the Engineer Commissioner for his commission work. Let a copy of this order be sent to the Engineer Commissioner for his commissioned work.

Complainant is directed to deposit the fees of the Engineer Commissioner to the tune of Rs. 5,000/- (five thousand only) as commissioner’s fee.

Hence,

It is Ordered,

Thus the M.A Being No. 06/2022 is disposed of.

To date (04/03/2022) for submission of report by the Engineer Commissioner.

Dictated & Corrected by me

Member

Member Member

[HON'BLE MR. JUSTICE Debasish Mukhopadhay]

PRESIDENT