West Bengal

Rajarhat

CC/388/2022

Shri Chiranjeeb Roy Chowdhury, S/o. Shri Sanjib Roy Chowdhury - Complainant(s)

Versus

Shri Sudhir Tandan, S/o. Late Onkarnath Tandon - Opp.Party(s)

Mr. Amitabha Majumder

18 Jul 2022

ORDER

Additional 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
 
Complaint Case No. CC/388/2022
( Date of Filing : 08 Jul 2022 )
 
1. Shri Chiranjeeb Roy Chowdhury, S/o. Shri Sanjib Roy Chowdhury
Flat No.3E,Trimurti Apartment,139,Dakshindari Road,P.S. Lake Town,Kolkata-700048
2. Smt Mitali Roy Chowdhury,W/O- Sanjib Roy Chowdhury
Flat No.3E,Trimurti Apartment,139,Dakshindari Road,P.S. Lake Town,Kolkata-700048
...........Complainant(s)
Versus
1. Shri Sudhir Tandan, S/o. Late Onkarnath Tandon
Flat No.503,Block-B5,Emami City-2,Jessore Road,P.S. Dum Dum,Kolkata-700028
2. Smt Vandana Tandon,W/O-Shri Sudhir Tandon
Flat No.503,Block-B5,Emami City-2,Jessore Road,P.S. Dum Dum,Kolkata-700028
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 18 Jul 2022
Final Order / Judgement

Today is fixed for hearing.

After hearing the Ld. Advocate of the complainant and perusing the material available on record we see that basing upon an agreement dated 31.12.2021 for resale of ready flat priced at Rs. 49,50,000/- this case has been filed by the complainant.

The petition of complaint states that the complainant agreed to purchase the flat under an agreement dated 31.12.2022 from Sudip Tandon and Bandana Tandon who got the same under a registered Sale Deed executed by the developers in respect to the premises in question. It is well settled that the agreement for resale of ready flat does not attract the provision of Consumer Protection Act.

The Ld. Advocate appearing for the complainant has also conceded to such legal proposition.

Such being the position, the case is stands for dismissal.

Hence, it is ordered, that the case be and the same is dismissed as not being admitted.

Let a plain copy be given to the parties free of cost as per CPR.

 

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT

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

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