West Bengal

Rajarhat

CC/629/2022

Mr. Prasun Kumar Dey, S/o.- Pramod Kumar Dey - Complainant(s)

Versus

M/s. Maa Manasa Land and Housing Development Enterprise - Opp.Party(s)

Mr. Ramesh Kumar Choumal

19 Dec 2022

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Complaint Case No. CC/629/2022
( Date of Filing : 06 Dec 2022 )
 
1. Mr. Prasun Kumar Dey, S/o.- Pramod Kumar Dey
Residing at Krishna Abasan,3rd Floor, Being holding No.270 of block-H-j, Sardar para, Pandit battala , Hela Bettala, Post- Hatiara, P.s- New town, kolkata-700157.
2. Ms. Rupali Dey, W/o Mr. Prasun Kumar Dey
Residing at Krishna Abasan,3rd Floor, Being holding No.270 of block-H-j, Sardar para, Pandit battala , Hela Bettala, Post- Hatiara, P.s- New town, kolkata-700157.
...........Complainant(s)
Versus
1. M/s. Maa Manasa Land and Housing Development Enterprise
Office At 1/E-1, Aswininagar, P.O- Aswininagar, P.S- Baguiati , Kolkata-700159.
2. Ms. Sharmistha Karmkar w/o late Suvendu Karmakar and D/o Swapan Chakraborty
Office At 1/E-1, Aswininagar, P.O- Aswininagar, P.S- Baguiati , Kolkata-700159.
3. Mr. Santanu Majumdar S/o late Binoy Krishna Majumder
Residing At Pandit Battala , P.O- Hatiara , P.S- New Town, Kolkata-700159.
4. Mr. Goutam Majumdar S/o late Binoy Krishna Majumdar
Residing At Pandit Battala , P.O- Hatiara , P.S- New Town, Kolkata-700159.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 19 Dec 2022
Final Order / Judgement

Today is fixed for admission hearing.

Heard the Ld. Advocate of the complainant and perused the documents on record.

It appears that the complainant purchased a flat from the developers and the sale deed therefor was executed and registered on 27.05.2016.

Now the complainants have, by filing the complaint, raised same grievances against the developers. But as debunked from the sale deed (Page 15), on being fully satisfied with the papers and documents of title related to the flat in question the purchaser took possession on 27.05.2016 and possession certificate was also signed by the developers and the purchaser on the self-same day.

Now the complainant is debarred by the principle of estoppel from stating that the developers did not supply relevant documents to him or collected additional amount from him.

In the meanwhile 5 to 6 years have elapsed. The claim of the complainant is also hit by the law of limitation. Therefore, we do not find merit in the case as had been made out by the complainant. This is not a fit case for admission.

Hence, it is ordered, that the case is dismissed as not being admitted.

Let a plain copy be given to the parties free of cost as per CPR.

 

Dictated and corrected by 

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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