IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/171/2015

 Date of Filing:   02.12.2015.                                                                               Date of Final Order: 11.07.2017

Complainant: 1.Motiul Islam, S/o Late Nurul Islam, 2.Smt.Banani Islam, W/o Motiul Islam,

                        Both residing at 35 R N Tagore Road, Flat No.304 on the 3^rd Floor, P.O.&P.S. Berhampore,

                        Dist. Murshidabad.

-Vs-

Opposite Party: 1. Nilim Kanti Dhar, S/o Late Kamakshya Prosad Dhar, 2. Niloy Kr. Dhar, S/o Nilim Kanti

                              Dhar, 3. Goutam Kr. Dhar, S/o Late Kamakshya Prosad Dhar, 4. Mousumi Dhar, W/o

                              Goutam Kr. Dhar, Partners of ‘SRIMA CONSTRUCTION’, having its head office at 1 to 4,

                            47/2 K P Chattaraj Road, Gorabazar, P.O.&P.S. Berhampore, Dist. Murshidabad.

                       Present:   Sri Anupam Bhattacharyya …………………. President.                              

                                         Smt. Chandrima Chakraborty ………………..Member.

                                     Sri Manas Kumar Mukherjee ……..…………..Member.

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

The instant complaint has been filed by the complainant u/S 12 of C.P. Act, 1986 praying for direction upon the Ops to complete the works of the building including the flat as prayed in the complaint petition and for refund of Rs. Two Lakhs towards excess area and for compensation of Rs. One Lakh Fifty Thousand.

Heard both sides in respect of the joint compromise petition on 04.07.2017. Perused the compromised petition, also the materials on record.

We find that there are several terms and conditions namely 12. The last condition is that ‘if any of the terms and conditions of the Solenama is violated then the complainant is at liberty to file Execution Case.

We are of view that the matter has been settled among the parties on compromise as per terms and conditions of the Solenama along with the condition giving liberty to the complainant to file the Execution Application, in case of violation of any of the conditions of the Solenama by the OPs.

We further find that the settlement has been made among the parties voluntarily. As such we find that the case be disposed of in terms of the Solenama.

Hence,

Ordered

that the  Consumer Complaint No. 171/2015 be and the same is hereby disposed of in terms of the Solenama.

The Solenama   do make a part of the order with the liberty to the complainant to file the execution application, in case of violation of any of the terms and conditions incorporated in the Solenama by the OPs.

This order is passed as per terms of the Solenama.

There will be no order as to cost.           

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.