| Complaint Case No. CC/242/2023 | | ( Date of Filing : 11 Jul 2023 ) |
| | | | 1. Sri Anup Kumar Deb,S/o Late Himangshu Bimal Deb | | 161,Nandannagar,P.O.-Nandan Nagar,P.S.-Belgharia | | 2. Shri Amit Kumar Deb,S/o Late Himangshu Bimal Deb | | 161,Nandannagar,P.O.-Nandan Nagar,P.S.-Belgharia | | 3. Swapna Deb,W/o Late Arup Kumar Deb | | 161,Nandannagar,P.O.-Nandan Nagar,P.S.-Belgharia |
| ...........Complainant(s) | |
| Versus | | 1. M/s. Bhumi Construction | | 46,Shibapada Paul Palli,Nowapara,P.O.-Ariadaha,P.S.-Belghoria | | 2. Shri Ashok Parui,S/o Late Yudhisthir Parui | | 87/56,A.K. Mukherjee Road,Kolkata | | 3. Smt. Satabdi Guha,D/o Shri Syamal Guha | | 88/7B,Mrinal Park,Moiadanga Road,P.S.-Baranagar | | 4. Shri Banti Roy,S/o Late Pankaj Roy | | 25 No. and 26/1,No. Nilmoni Sarkar Street | | 5. Shri Rajkumar ghosh,S/o late Anil Kumar Ghosh | | Deshbandhu Road,P.S.-Baranagar | | 6. Shri Abhishek Chakraborty,S/o Shri Dulal Chakraborty | | A.K. Mukherjee Road,Kolkata |
| ............Opp.Party(s) |
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| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION North 24 Pgs., BARASAT C.C. No./242/2023 Date of Filing Date of Admission Date of Disposal 11.07.2023 24.07.2023 25.04.2024 Complainant/s:- | 1. Shri Anup Kumar Deb, Son of Late Himangshu Bimal Deb, residing at 161, Nandannagar, Post Office – Nandan Nagar, Police Station – Belgharia, District – North 24 Parganas, Kolkata – 700083. 2. Shri Amit Kumar Deb, Son of Late Himangshu Bimal Deb, residing at 161, Nandannagar, Post Office – Nandan Nagar, Police Station – Belgharia, District – North 24 Parganas, Kolkata – 700083. 3. Swapna Deb, Wife of Late Arup Kumar Deb, residing at 161, Nandannagar, Post Office – Nandan Nagar, Police Station – Belgharia, District – North 24 Parganas, Kolkata – 700083. =Vs.= | Opposite Party/s:- | 1. M/s Bhumi Construction, having office at 46, Shibapada Paul Palli, Nowapara, Post office – Ariadaha, Police Station – Belghoria, District North 24 Parganas, Kolkata – 700057 also at 11/19, Kalicharan Ghosh Road, Police Station – Baranagar, Kolkata – 700050. 2. Shri Ashok Parui, Son of Late Yudhisthir Parui, 87/56, A. K. Mukherjee Road, Kolkata – 700090. 3. Smt. Satabdi Guha, daughter of Shri Syamal Guha, 88/7B, Mrinal Park, Moiradanga Road, Police Station – Baranagar, District – North 24 Parganas, Kolkata – 700036. 4. Shri Banti Roy, Son of Late Pankaj Roy, 25 No. and 26/1 No. Nilmoni Sarkar Street, Kolkata – 700090. 5. Shri Rajkumar Ghosh, Son of Late Anil Kumar Ghosh, 1/2 Deshbandhu Road (East), Police Station – Baranagar, District – North 24 Parganas, Kolkata – 700035. 6. Shri Abhishek Chakraborty, Son of Shri Dulal Chakraborty, 23/3, A. K. Mukherjee Road, Kolkata – 700090. |
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 34 of the Consumer Protection Act, 2019 praying for direction to the Opposite Parties to pay compensation, interest for intentional neglect and causing huge financial loss and for mental harassment, cost of damage with interest, arrear of unpaid rents, hand over to original documents and other reliefs. He alleged that petitioners being the legal heirs became owner of one piece of land measuring 3 cottah 11 chhitak and they entered into an agreement dated 21/09/2016 with O.P No. 1 and by virtue of said agreement O.P No. 1-5 being the developer were agreed to allocate 48% of the total area in the ground floor along with one garage measuring about 120 sq.ft. But after 5 years from the date of agreement and even after sanction of the project by Kamarhati Municipality, O.Ps not yet completed the said project, not yet handed over possession of the flat and allocation to the Complainant as per aforesaid agreement and not yet issued Completion Certificate. Hence, the Complainant filed this case. Decisions with Reasons:- Case was fixed for Admission Hearing on 24/07/2023. On that date case was admitted, notice was issued and next date was fixed on 25/09/2023 for S/R. On that date i.e. on 25/09/2023 case was adjourned and next date was fixed on 02/11/2023. Contd. To page No. 2 . . . ./ : : 2 : : C.C. No./242/2023 On that date Complainant was found absent. Case was adjourned for the ends of justice. Next date was fixed on 07/11/2023. On that date i.e. on 07/11/2023 Complainant was absent without any steps. Case was adjourned for the ends of justice. Next date was fixed on 06/02/2024. On 06/02/2024 Complainant was absent without any steps. He was asked to file Show Cause by 22/04/2024 as to why necessary order shall not be passed against him vide order no. 05 dated 06/02/2024. But on the next date i.e. on 22/04/2024 Complainant did not take any steps nor filed Show Cause as per order no. 05 dated 06/02/2024. 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/242/2023 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 | |
