Order No. 03   Date-   11.12.2020

Today is fixed for order.

The case was heard on 09.12.2020 on admission point.

The facts of the  consumer case in a nutshell is that the complainants’ father was the landlord of a land measuring about 02 cottahs more or less situated at Garden Rich under khatian No. 2 Dag No. 33834 being known as KMC No. J-262/D, Akshoy Kumar Lane, Kolkata-700024 who had entered into a Development Agreement with the OP for construction of a new building thereon after demolishing existing structure thereon. The OP-2 did not hand over the actual area to them as per development agreement, possession letter / completion certificate of the concerned authority to the complainants. Hence, the consumer complaint.

Admitted fact is that the father of the complainants executed Development Agreement dated 24.05.2016 with the OP to construct a (G+4) storied building as per terms mentioned in the development agreement. The complainants’ claim that their father died leaving behind them as legal heirs but no death certificate is forthcoming on  the part of the complainants to establish that their father is no more in the world and they are inherited the property in question. Therefore, the claim of the complainants cannot be entertained without the death certificate of their father, Manmath Das. As such, the consumer complaint is not admitted and liable to be dismissed in limini.

Hence,

Ordered

That the consumer case is not admitted and dismissed in limini.