West Bengal

Rajarhat

CC/72/2020

Hamida Begum - Complainant(s)

Versus

Shamim Akhtar - Opp.Party(s)

Mr.Sourav Mondal

02 Mar 2020

ORDER

Additional Consumer Disputes Redressal Forum Rajarhat (New Town )
Premises no. 38-0775,2nd Floor, Plot No. AA-IID-31-3, New Town,Kolkata - 700161
 
Complaint Case No. CC/72/2020
( Date of Filing : 13 Feb 2020 )
 
1. Hamida Begum
42H/3, Lock Gate Road, P.O- Cossipore, P.S- Chitpur, Kolkata-700002.
...........Complainant(s)
Versus
1. Shamim Akhtar
Proprietor of M/s S.A Construction of Kaziyal Para (Paschim) Rajarhat-1, P.O & P.S- Rajarhat, Kolkata-700135, Dist. North 24 Parganas.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 HON'BLE MR. Abinash Chandra Sarkar MEMBER
 
For the Complainant:Mr.Sourav Mondal, Advocate
For the Opp. Party:
Dated : 02 Mar 2020
Final Order / Judgement

          The Ld. Counsel for the Complainant is present.

          Today is fixed for further hearing of the Complaint on the point of admissibility of this Complaint.

          Today on behalf of the Complainant an application is filed praying for withdrawal of the Complaint on the ground that the Complainant could not collect the value of the land which was provided to the Developer for erection of flats, till date.

           Be it mentioned that for this purpose of development of the flats, Development Agreement was executed by and between the Developer and the Land Owner, but in the Development Agreement there is no whisper regarding the value of the questioned land. For this reason the Complainant was given time to submit the value of the land for determination of the pecuniary jurisdiction of this Ld. Forum.

            At this juncture, the Complainant has prayed for withdrawal of this Complaint subject to liberty, so that she can file further Complaint after collecting the value of the questioned land along with the petition of Complaint.

            We have considered the application as filed by the Complainant today. In our view in the interest of Natural Justice the prayer as made out by the Complainant should be allowed.

            Hence,

                         It is ordered that the Consumer Complaint being no. 72/2020 is hereby disposed of as withdrawn.

            Be it mentioned that the Complainant is at liberty to file fresh Complaint, if any, before the appropriate Court/Forum/Commission along with the valuation of the questioned land for determination of the Pecuniary Jurisdiction, if not barred otherwise.

             As the Complaint is withdrawn by the Complainant, the Complainant is at liberty to get return of the copy of the Complaint as well as annexure as filed by her at the time of filing this Complaint. In this respect the Complainant is directed to file separate application to the Registrar-in-Charge of this Ld. Forum, requesting him to return the aforementioned.

            The Registrar-in-Charge of this Forum is hereby directed to act upon, upon the receipt of the application from the Complainant in accordance with Law, without any further delay.

            Let plain copy of this judgment be given to the parties free of cost as per the CPR, 2005

    

       

         Dictated & Corrected by

  

[Hon’ble MRS. Silpi Majumder]

                    MEMBER

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 
 
[HON'BLE MR. Abinash Chandra Sarkar]
MEMBER
 

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