This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs.
At the time of admission hearing on 07.08.2019 it is seen by us that regarding construction and/or development purpose in the ancestral property the Complainant had availed of the service of the OPs for preparation of the building plan. In the ‘Undertaking’ dated 14.09.2018 made on Non-Judicial Stamp Paper the Complainant has disclosed the names of the others owners of the said property, who are admittedly the brothers and sisters of the present Complainant as well as the legal heirs of the deceased. The names of the other owners are-
- Swapna Bhattacharjee,
- Samir Bhattacharjee,
- Papia Bhattacharjee,
- Shibani Bhattacharjee and
- Banami Chakraborty.
But the present petition of complaint has only been filed by Sri. Samir Bhattarcharjee, being one of the legal heirs of the deceased and owners of the said landed property, not by the other legal heirs as well as the owners of the landed property. For this reason on 07.08.2019 the Complainant was given scope to make the other owners of the landed property as the Complainants in this complaint by way of incorporation of their names and next date was given on 14.08.2019 for taking necessary steps by the present Complainant.
But today i.e. on 14.08.2019 the Complainant did not take any step for incorporation of the names of the other owners of the questioned property in this complaint and prays for admission of the complaint. Upon hearing from the Complainant, who is present in person as well as perusing a petition filed today, we are of the view that such failure to incorporate the other names of the owners of the said property shall give birth the defect of non-joinder of necessary parties in the argument stage. Inspite of giving opportunity the Complainant did not bother to remove the said defect in the petition of complaint. Though the Complainant did not take any step to that regard as per specific direction, we are unable to provide further date and/or chance as since filing of this complaint till date the statutory period of 21 days have elapsed.
Under this circumstances we have no other alternative, but to dismiss the complaint being not maintainable.
However in the interest of justice the Complainant be given liberty to approach before the competent Court/Forum along with the other owners of the said landed property, if not barred otherwise.
Hence it is ordered that the Consumer Complaint being no-40/2019 is hereby dismissed being not maintainable in the present form without being admitted. Considering the fats and circumstances of the complaint there is no order as to cost.
Let plain copy of this judgment/final order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by
Hon’ble Mr. Lakshmi Kanta Das,
President
