DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION 

NORTH 24 PGS., BARASAT.

M.A. 05/2022

Arising out in C.C. NO. 364/2018

Date of Filing                                                                                                     Date of Disposal

   25.01.2022                                                                                                               09.03.2022

Complainant/s :-                 1. SRI MANORANJAN BAR, S/o Sri Rajni Bar,

2. SMT. SARASWATI BAR, W/o Sri Manoranjan Bar, Both are resident of 17, Kedarnath Bhattacharya Lane, P.O. and P.S. Baranagar, Kolkata – 700 036, District – 24 North Parganas and presently residing at 93/A Institute Lane, Kolkata – 700 036

=Vs=

O.P/s :-                                  1. S.K.R. CONSTRUCTION, a partnership firm having its office at 54, Sashi Pada Institute Lane, P.O. Alambazar, P.S. Baranagar, Kolkata – 700035, District – North 24 Parganas.

                                                2. SRI SUBHASH MAJUMDAR, S/o Sunil Majumdar, one of the parter of the opposite party no. 1, residing at 14/1, Subhas Pally, P.O. Alambazar, P.S. Baranagar, Kolkata – 700035, District – North 24 Parganas.

                                                3. SRI KOUSHIK DEBSHARMA, S/o Suresh Chandra Debsharma, one of the partners of the opposite party no. 1, residing at 54, Sashi Pada Institute Lane, P.O. Alambazar, P.S. Baranagar, Kolkata – 700035, District – North 24 Parganas.

                                                4. SRI RAJA NATH, S/o Paresh Chandra Nath, one of the partners of the opposite party no. 1 residing at 54, Sashi Pada Institute Lane, P.O. Alambazar, P.S. Baranagar, Kolkata – 700035, District – North 24 Parganas.

                                                5. SMT. KRISHNA DAS, W/o Sri Bishnu Madhav Das, residing at 1, Umesh Chandra Das Lane, P.O. & P.S. Howrah, Pin – 711101, District – Howrah.

                                                6. SRI SOUMITRA SARKAR, S/o Samar Santa Sarkar alias Sagar Sarkar,

                                                7. SRI SANDEEP SARKAR alias SANDIP SARKAR, S/o Samar Santa Sarkar alias Sagar Sarkar.

                                                8. SMT. SUMITA SARKAR, daughter of Samar Santa Sarkar alias Sagar Sarkar,

                                                Above party nos. 6 to 8 are residing at Qtr. No. 31M-4, Old Cable Town, Mallika Road, P.O. and P.S. Golmori, Dist – East Singbhum, State – Jharkhand, Pin – 831003.

P R E S E N T           :- Smt. Monisha Shaw ………………… Member.

                                    :- Sri Susmit rishikesh Bhattachariya…..Member

Final Order

Order No.

Ld. Advocate for the Complainant filed a petition dated 25/01/2022 praying for appointing of an Engineer Commissioner. The petition is registered as M.A. being No. 05/2022. The petition is taken up for hearing. Petition is moved. Heard the Ld. Advocates. Prayer is considered and allowed. The Complainant is filed the petition against the O.P. for their deficiency in service as they have failed to deliver possession and execution and registration of deed of conveyance in respect of the subject flat interalia not provided other services in terms of the agreement for sale. According to the Complainant, the O.P. did not disclose the actual carpet and covered area of the subject flat as per constructed in their affidavit in reply. As per Complainant’s version that the subject flat is defective and the area of the subject flat is lesser than 310 sq. ft. of covered area and also the same is neither inhabitable condition nor it has been constructed in terms of agreement for sale. For such reason, the Complainant prays for appointing of an Engineer Commissioner.

Contd. To Page No. 2 . . ./

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M.A. 05/2022

Arising out in C.C. NO. 364/2018

Considering the facts and circumstances of the case as well as the balance of convenience and inconvenience of the same and also considering the submission of the Ld. Advocate for the Complainant it appears to this Commission that there is no prejudice to allow this petition. Prayer is considered and allowed. The Engineer Commissioner Mr. S. Chattopadhyay (Mobile No. 9831681155 / 9433002375, Email Id:

The aforesaid Commissioner shall have right to receive a copy of this order and he will have right to collect the relevant papers from the concerned parties.

Office is directed to supply the writ to the Engineer Commissioner for his commissioned work. Let a copy of this order be sent to the Engineer Commissioner for his commissioned work.

The Complainant and the Opposite Parties are jointly directed to deposit the fees (i.e. Rs. 2,500/- each) of the Engineer Commissioner to the tune of Rs. 5,000/- (five thousand only) as commissioner’s fee to the Engineer Commissioner.

Hence,

It is Ordered,

Thus, the M.A Being No. 05/2022 is disposed of.

To date (02/06/2022) for submission of report by the Engineer Commissioner.

 Dictated & Corrected by me                      

 Member

 Member                                                  Member                                         President