West Bengal

Howrah

CC/46/2024

SRI RANJAN DAS - Complainant(s)

Versus

Sai Group of Construction represented by Mr. Prem Routh - Opp.Party(s)

Prashanta Thakur

20 Mar 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/46/2024
( Date of Filing : 14 Mar 2024 )
 
1. SRI RANJAN DAS
241, G.T. Road, P.S.- Shibpur, Howrah-711102
...........Complainant(s)
Versus
1. Sai Group of Construction represented by Mr. Prem Routh
Office at Holding no.7, Raj Narayan Roy Chowdhury Ghat Road, P.O. & P.S.- Shibpur, Howrah Resident of Holding No.96, Cowies Ghat Road, P.O. & P.S.- Shibpur, Howrah-711102
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:Prashanta Thakur, Advocate for the Complainant 1
 
Dated : 20 Mar 2024
Final Order / Judgement

Order No:  2                                                                                       Date:20/03/2024

Today is fixed for admission hearing of this complaint case. Complainant side is found present and ready. Heard Ld. Advocate of the complainant side. Considered submission. In course of hearing, Ld. Advocate for the complainant has given emphasis on the development agreement and other documents.

After going through the materials of the case record, this District Commission finds that the development agreement is the main basis for filing this case. So, there is urgent necessity of making scrutiny of the said development agreement.

On close examination of the said development agreement it appears that the O.ps. had given undertaking of delivery of the said flat within 30(thirty) months from the date of “Bhumi Puja”. No document has been filed by the complainant to show that said Bhumi Puja has already been done.

In course of hearing at the question of the District Commission, Ld. Advocate of the complainant side admitted that the said “Bhumi Puja” has not yet been performed.

When the “Bhumi Puja” has not yet been performed, there is no question of starting the period of 30 (thirty) months and this matter is clearly indicating that the complainant’s case is premature.

When the complaint case has been filed at the premature stage, there is no scope of admission of this complaint case. So, this complaint case is dismissed and it is not admitted. 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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