West Bengal

Howrah

CC/12/2024

JAYANTA MUKHERJEE, - Complainant(s)

Versus

Prabhas Chandra Roy, - Opp.Party(s)

Soni Kumar, Priyanka Santra

01 Feb 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/12/2024
( Date of Filing : 25 Jan 2024 )
 
1. JAYANTA MUKHERJEE,
S/O. SRi Mainak Lal Mukherjee, 61/16/1, P Road, P.O. and P.S. Dasnagar, Howrah 711105.
...........Complainant(s)
Versus
1. Prabhas Chandra Roy,
son of Late Gobardhan Roy, residing at 20V, Road, Dasnagar, PO.&P.S Dasnagar, Howrah-711105
2. Prabir Kumar Roy
S/O. Late Gobardhan Roy, residing at Room no. 601, Wing - B, Manorama Nagar, Shivsundar Society, Near Badlapur Transport, Karjat Road, Badlapur East, Thane, Maharastra, Pin - 421503
3. Kuntal Roy
son of Debaprasad Roy, residing at 1403 , Saphire Heights 4, Lokhandwala Township , Off Akurli Road, kandivali (E), Mumbai-400101
4. SMT. SUTAPA ROY
W/O. Late Pratap Chandra Roy residing at 20/1/5. Bhagaban Chatterjee Lane, Post Office and Police Station Kadamtala, District Howrah 711101
5. Kunal Roy
son of Sri Pratap Chandra Roy residing at 20/1/5. Bhagaban Chatterjee Lane. Post Office and Police Station Kadamtala. District Howrah - 711101.
6. Axis Bank, represented by Manager
Panchanantala Branch, Howrah-711101 service through its Manager.
7. Axis Bank, represented by Manager of Home Loan
1, Shakespeare , sarani, AC Market, 4th floor, Kolkata- 700071 service through its Manager of Home Loan.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:Soni Kumar, Priyanka Santra, Advocate for the Complainant 1
 
Dated : 01 Feb 2024
Final Order / Judgement

Order No:  02                                                                                                     Date:01/02/2024

Today is fixed for admission hearing.  Ld. Advocate for the complainant side is found present.  Heard and considered submission.  Perused the complaint petition and its annexed documents.

After going through the material of this case record it is found that this case has been filed on the basis of the agreement which is nothing to “sale simplicitor”.  More so,  the complainant is intending to seek specific performance of contract  in respect of the sale deed which has been  executed  in between  complainant and OPs.  Such cases of specific performance of contract are not applicable before this District Commission.  Civil Court has the appropriate jurisdiction.

Considering all the above noted factors this complaint case is not admitted and it is rejected.  No order is passed as to cost.

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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