West Bengal

Rajarhat

CC/333/2021

Mr. Pradip Banik S/o Late Rabindra Nath Banik - Complainant(s)

Versus

N.P.S. Properties Pvt.Ltd. - Opp.Party(s)

Mr. Prtha Sarothi Kashyapi

16 Nov 2021

ORDER

Additional 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/333/2021
( Date of Filing : 25 Oct 2021 )
 
1. Mr. Pradip Banik S/o Late Rabindra Nath Banik
Residing at AK-190, Sector-II, Salt Lake City, P.S- Bidhannagar (East), Kolkata-700091, Dist- 24 Parganas(North)
2. Mrs. Sanjukta Banik W/o Sri Pradip Banik
Residing at AK-190, Sector-II, Salt Lake City, P.S- Bidhannagar (East), Kolkata-700091, Dist- 24 Parganas(North)
...........Complainant(s)
Versus
1. N.P.S. Properties Pvt.Ltd.
Registered office at Mahisbathan New Town, P.O- Krishnapur, P.S- Electronics Complex, Kolkata-700102, Dist- 24 Parganas (North)
2. Sri Mantu Naskar S/o Late Tilak Naskar, Director of N.P.S. Properties Pvt.Ltd.
Residing at Mahisbathan New Town, P.O- Krishnapur, P.S- Electronics Complex, Kolkata-700102, Dist- 24 Parganas (North)
3. Sri Pankaj Kumar Naskar S/o Late Tilak Naskar, Director of N.P.S. Properties Pvt. Ltd.
Registered office at Mahisbathan New Town, P.O- Krishnapur, P.S- Electronics Complex, Kolkata-700102, Dist- 24 Parganas (North)
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 16 Nov 2021
Final Order / Judgement

The Ld. Counsel for the complainant is present.

Today is fixed for hearing on the point of admissibility of this Complaint.

At the time of advancing argument it is noticed by us that in the petition of complaint the purpose for purchasing the land from the Ops has not been mentioned by the complainant, which is necessarily be mentioned on the ground that mere purchase of a piece of land for any purpose other than construction cannot be maintainable before the Consumer Commission in view of the Consumer Protection Act, 2019. Accordingly the complainant has filed a petition stated that due to inadvertence the purpose for such purchase of the land in question is not mentioned in the petition of complaint. For such mistake the complainant has prayed for liberty to withdraw the instant complaint subject to file afresh.

Accordingly upon perusal of the petition filed by the complainant we are of the view that liberty can be given to the complainant for withdrawal of this complaint with a view to rectification of some defects subject to fresh filing.

 

Going by the foregoing discussion hence it is ordered that the Consumer Complaint no. CC/333/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court/Commission for redressal of his grievance. If not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let 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 MRS. Silpi Majumder]
MEMBER
 

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