West Bengal

StateCommission

RP/37/2020

Sri Sujay Das & Another - Complainant(s)

Versus

M/s. Roy Construction & Others - Opp.Party(s)

Mr. Barun Prasad, Mr. Subrata Mondal

16 Feb 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/37/2020
( Date of Filing : 02 Nov 2020 )
(Arisen out of Order Dated 14/10/2020 in Case No. Complaint Case No. CC/148/2020 of District Kolkata-III(South))
 
1. Sri Sujay Das & Another
S/o, Sri Ananda Gopal Das. 36/F, Ghosalpur Railway Colony, Behala, Kolkata- 700 034.
2. Smt. Shewli Das alias Shewli Das Bakshi
W/o, Sri Sujay Das. 36/F, Ghosalpur Railway Colony, Behala, Kolkata- 700 034.
...........Appellant(s)
Versus
1. M/s. Roy Construction & Others
27/39, Bama Charan Roy Road, Behala, Kolkata- 700 034, P.S.- Behala.
2. Sri Tapan Roy
S/o, Sri Chandrakanta Roy. Block-B, 90, James Long Sarani, Thakurpukur, Kolkata- 700 104, P.S.- Thakurpukur.
3. Sri Sampad Paul
S/o, Lt Laxmi Narayan Paul. 33, Abhoy Vidyalankar Road, Kolkata- 700 060.
4. Sri Biswanath Das
S/o, Late Nitai Das. 31, Abhoy Vidyalankar Road, Kolkata- 700 060.
5. LIC Housing Finance Ltd.
New Alipore Business Centre, 1st Floor, 43B, Block-C, New Alipore Road, Kolkata- 700 053.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:Mr. Barun Prasad, Mr. Subrata Mondal, Advocate for the Petitioner 1
 Mr. Sibaji Sankar Dhar, Mr. B. Ghosh Dastidar, Advocate for the Respondent 1
 Mr. Sibaji Sankar Dhar, Mr. B. Ghosh Dastidar, Advocate for the Respondent 1
 Mrs. Tarunika Pal, Advocate for the Respondent 1
Dated : 16 Feb 2022
Final Order / Judgement

HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIENT

       Questioning propriety of the order no. 5 dated 14-10-2020 passed by Ld. DCDRF, Kolkata Unit-II in CC/148/2020 the present Revisional Application has been filed by the complainant wherein Ld. DCDRF while disposing of the prayer for an interim relief refused to direct the OPs from creating any third party interest in respect of the flat in question, being the subject matter of the CC/148/2020. In the order impugned Ld. DCDR Commission held that the complainant paid a meager amount towards total consideration of Rs. 29,34,000/- (Rupees twenty nine lakh thirty four thousand) and further prayed for refund of the consideration as an alternative relief and rejected the prayer for an interim order of injunction with the observation that there is no urgency in the matter. Ld. Counsel for the OPs in course of hearing supported the findings of Ld. DCDR Commission but ultimately left the matter to the discretion of the court since his clients were not going to dispose of the property being the subject matter of this complaint case. Hence, taking into consideration the main relief claimed by the complainants in the instant complaint case, as it appears from the petition of complaint of CC/148/2020, we dispose of the Revisional Application with a direction upon the OPs not to create any third party interest in respect of the flat in question till disposal of the petition of complaint. This order is passed for the ends of justice. Parties to co-operate in the matter for expeditious disposal of the instant complaint case being CC/148/2020, pending before Ld. DCDR Commission, Kolkata Unit-III. With the above observation and direction, this Revisional Application stands disposed of and the order impugned stands modified. Parties to appear before Ld. DCDRF on 28-03-2022.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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