Date of filing: 04.04.2017 Date of Disposal: 17.01.2018
Complainant: Subhamoy Chatterjee, S/o. Sri Santimoy Chatterjee, resident of 2nd Street, (SA-06-03), Ulhas Mini Towhship, PO: Joteram, PS. & Dist: Burdwan, PIN – 713 101.
Opposite Party: 1. Shrachi Burdwan Developers Pvt. Ltd., having its registered office at Shrachi Tower, 686, Anandapur, EM Bypass, RB Connector Junction, Kolkata, PIN – 700 107.
2. The General Manager, Shrachi Burdwan Developers Pvt. Ltd., having its Branch Office at Renaissance Township, Near Nababhat More, NH-2, Goda, PO, PS. & Dist: Burdwan, PIN – 713 102.
3. Lopa Mudra Ghosh, Marketing Deparrtment, Shrachi Burdwan Developers Pvt. Ltd., having its Office at Renaissance Township, Near Nababhat More, NH-2, Goda, PO, PS. & Dist: Burdwan, PIN – 713 102.
4. Satabdi Rakshit, Authorized Representative, Shrachi Burdwan Developers Pvt. Ltd., having its Office at Renaissance Township, Near Nababhat More, NH-2, Goda, PO, PS. & Dist: Burdwan, PIN – 713 102.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh & Debdas Rudra.
Appeared for the OP Nos. 1, 3 & 4: Ld. Advocate, Rajdeep Goswami.
Appeared for the OP No. 4: None (ex parte)
Order No. 12, Dated: 17.01.2018
The case record is put up today as per put up petition filed by the complainant. The case is fixed for filing compromise petition, if any, i.d., for filing questionnaire and evidence by the Ops positively on 29.01.2018. Ld. Counsel for the complainant and the OP are present by filing haziras. Complainant is also present in person.
Today the complainant has filed an application supported by an affidavit stating the fact that during pendency of this case, the dispute between the parties have already been settled out of Court and the Ops have already handed over key(s) of the flat, delivered possession of the flat along with possession letter and also paid Rs. 70,000=00 through draft to the complainant. Now the complainant has no further allegation against the Ops. The complainant has no more interest to proceed with this case further and as such this application has been filed by the complainant praying for dismissal of this case on the ground of non-prosecution. The copy of the said application is received by the OP. The complainant has filed another application with signature stating that he received the set of key(s) of the flat, possession letter along with possession of the flat and also received a cheque being No. 402279, dated 04.01.2018 of Rs. 70,000=00 through draft from the Ops towards full and final settlement of his grievances.
After perusing the two petitions and heard from both sides we are of the opinion that as the grievances have fully been settled by and between the parties out of Forum and the complainant is not willing to proceed with the case further, so he may be permitted to withdraw the complaint for non-prosecution.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 54/2017 be and the same is disposed of due to non-prosecution without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy)
Member
DCDRF, Burdwan
