West Bengal

Howrah

CC/74/2024

SRI SUKHDEV PAUL - Complainant(s)

Versus

Panchalingeswar Real Estate Corporation, represented by its partners, Sri Tapas Maji - Opp.Party(s)

Arijit Bhowmick

14 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/74/2024
( Date of Filing : 26 Apr 2024 )
 
1. SRI SUKHDEV PAUL
S/o. Late Mahendra Nath Paul 5/2, Bhairab Ghatak Lane, P.S.- Malipanchghora, Howrah-711106
...........Complainant(s)
Versus
1. Panchalingeswar Real Estate Corporation, represented by its partners, Sri Tapas Maji
S/o. Bijay Maji 58, Halder Para Lane, P.S.- Malipanchghora, Howrah-711106
2. Panchalingeswar Real Estate Corporation, represented by its partners, Sri Hindesh Raj Sharma
S/o. Late Mohan lal Sharma 288, G.T. Road (North), P.S. Salkia, Malipanchghora-711106
3. Panchalingeswar Real Estate Corporation, represented by its partners, Sri Arnab Ghorui
S/o. Sri Kanai Lal Ghorui 65, Bhairab Ghatak Lane, P.S. Malipanchghora, Howrah-711106
4. Sri Ujjal Banerjee
S/o. Late Dijendranath Banerjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
5. Sri Utpal Banerjee
S/o. Late Dijendranath Banerjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
6. Sri Ullas Banerjee
S/o. Late Dijendranath Banerjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
7. Smt. Tripti Guha Roy
W/o. Late Biplab Guha Roy D/o. Late Dijendranath Banerjee Pratapgarh, Garia, P.S. Shonarpur, South 24 Parganas
8. Smt. Kaberi Karmakar
W/o. Sri Arun Kumar Karmakar D/o. Late Dijendranath Banerjee Jamboni (south), near Shyampur, P.O. Bolpur, Birbhum-731204
9. Smt. Mitali Sinha
W/o. Sri Surajit Sinha D/o. Late Dijendranath Banerjee Flat No. -1A (First floor) 35, Jelia Para Lane, P.S. Golabari, Howrah-711106
10. Smt. Sefali Banerjee
W/o. Late Nirendranath Banerjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
11. Sri Ustab Banerjee
S/o. Late Nirendranath Banerjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
12. Sri Mintu Banerjee
S/o. Late Nirendranath Banerjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
13. Smt. Purnima Chatterjee
W/o. Late Bijan Chatterjee 29/3, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
14. Smt. Pratima Chatterjee
W/o. Asani Chatterjee D/o. Late Nirendranath Banerjee 131/1, Sri Ram Dhang Road, P.S. Malipanchghora, Howrah-711106
15. Smt. Nupur Bhaduri
W/o. Dilip Bhaduri D/o. Late Nirendranath Banerjee Ichapur, Badamtala, Sangramgarh, P.S. Noapara, 24 Parganas (North)
16. Smt. Iti Chatterjee
W/o. Samrat Chatterjee D/o. Late Nirendranath Banerjee 142/15/1, Shibgopal Banerjee Lane, P.S. Malipanchghora, Howrah-711106
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:Arijit Bhowmick, Advocate for the Complainant 1
 
Dated : 14 May 2024
Final Order / Judgement

Order No:  3                                                                            Date:14/05/2024

Today is fixed for admission hearing. Complainant side is found present. Heard Ld. Advocate for the complainant. Considered submission.

After going through the materials of the case record, it is found that one Agreement has been executed for Sale in respect of one flat and one garage. It is also revealed that in respect of the flat possession has been delivered and Deed of Conveyance has also been executed and registered. But at that point of time the complainant has not raised any point/issue over the issue of delivery of possession of the garage and execution and registration of the Deed of Conveyance of the said garage.

Now it is crystal clear that the complainant by his own conduct has waived the matter of execution and registration of the Deed of Conveyance in respect of the garage and also waived his right in the matter of getting possession of the garage.

Now the complainant is estopped from raising the plea of the execution and registration of the Deed of Conveyance in respect of the garage and delivery of possession of the garage.

Considering this aspect this District Commission is of the view that this complaint case cannot be admitted and so it is dismissed.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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