West Bengal

Rajarhat

MA/208/2022

Smt. Sulekha Das, W/o. Late Gopal Das - Complainant(s)

Versus

Shri Amarnath Karar, S/o. Late Krishnagopal Karar - Opp.Party(s)

13 Oct 2022

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/208/2022
( Date of Filing : 29 Sep 2022 )
In
Complaint Case No. CC/419/2022
 
1. Smt. Sulekha Das, W/o. Late Gopal Das
sdf
...........Appellant(s)
Versus
1. Shri Amarnath Karar, S/o. Late Krishnagopal Karar
sdf
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 13 Oct 2022
Final Order / Judgement

Order No.03

Today is fixed for hearing of MA being no. 208/2022.

By filing the aforesaid application, the OP has claimed that the suit is barred by limitation. But the OP received part payment of the price of the flat and delivered possession thereof in favour of the complainant. The execution and registration of sale deed are yet to be done. The complainant has taken up cause of action is continuous in nature and therefore, the submission of the Ld. Advocate that the suit is barred by limitation cannot be upheld.

The MA being no. 208/2022 is therefore, rejected.

W/V is filed by the Ld. Advocate of the OP with copy to the Ld. Advocate of the complainant.

As such, 08.12.2022 is fixed for filing evidence by the complainant on affidavit.

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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