DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., Barasat
M.A. N0. 177/2017
Arising out of C.C. No.67 / 2016
Date of Filing Date of Disposal
11.08.2017 13.11.2017
PETITIONER : =Vs.= O.Ps.
Sri Ved Prakash Mishra, 1. Siddha Real Estate Development
S/o. Lae C. S. Mishra, Pvt. Ltd, represented by its director,
Yamuna, regd. Office at Siddha Park,
2, SINP Housing, 99A Park Street, P.O. Park Street,
1/AF, Bidhan Nagar, Kol-16 at site office Siddha Pinewoods
Kol-64. Cedar I and II, Rajarhat Main Road,
(Opposte Derozio College),
P.O. Rajarhat, P.S. Airport, Kol-136.
2.Style Marchants Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
3.Rosemery Distributors Pvt. Ltd,
Regd. Office at III, P.O. Park St, Kol-16.
4.Skylink Marchants Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
5.Juhi Marketing Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
6.Gajbadan Vinimay Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
7. Rimjhim Commodities Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
8.Sadabahar Vyapaar Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
9.Sursarita Advisory Services Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
10. Jaijinendra Marketing Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
11. Panghat supply Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
12.Sanjivani Vanijya Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
Contd/2
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13.Blue Bird Tie-Up Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
14.New Wave Merchants Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
15. Sidhant Suppliers Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
16. Jhilmil Vyapaar Pvt. Ltd,
Regd. Office-III, Park Street, P.O. Park St,
Kolkata- 700016.
P R E S E N T :- Bankim Chandra Chattopadhyay……………. President
:-Siddhartha Ganguli……………………… Member
:-Silpi Majumder ………………………….Member
Order No.16
Dated.13.11.2017
This order is arising out of M.A. being No. 177/2017 filed by the O.P in the C.C. No. 67/2006 praying for passing necessary order in compliance with the order.
The complainant has filed an application praying for appointment of Ld. Advocate Commissioner for holding local inspection on the point mentioned therein. The complainant’s case is that he applied for flat along with a car parking space and agreement for sale was made in between the complainant and O.P. No.1. As terms and conditions of the agreement the O.P. No.1 within the stipulated period handed over the possession of the flat and car parking space. The registration work was completed and the complainant got his possession. Only a dispute has arisen out regarding the car parking space. It has been alleged that there is a car parking space in behind the complainant’s car parking space i.e. car parking No. G.O. 10 and the complainant’s car parking number allotted GO -09. In reality the complainant is parking his car then allotted GO-10 cannot take out his car unless the complainant remove his car and similarly. With regard to the same, the complainant sent a notice to the O.P. No.1 requesting them to shift or arrange another car parking space to the complainant. The complainant sent several letters to the O.P. No.1 but there is no solution of the permanent problem. According to the complainant, it is one of the unfair trade practice of the O.Ps.
Perused the instant petition of the complainant and also the materials on record. Perused also the written objection filed by the O.P against the said prayer of the complainant.
The O.P has prayed for dismissal of the instant petition as the Forum has no jurisdiction to allow the same.
Contd/3
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Having heard the Ld. Advocates of both sides and on considering the facts and circumstances, we are in view that there is a dispute about the car parking space of the alleged flat in question. In view of the same, we are inclined to allow the prayer of the complainant and it should be allowed.
The prayer of the complainant dated 11.08.2017 as mentioned above is allowed.
Hence
It is ordered,
that the complainant’ prayer is allowed.
The complainant is directed to pay a consolidated fees amounting Rs. 2,000/- for holding local inspection of the suit property in view of the petition of the complainant to the Advocate Commissioner.
Let Sri Shamim Ahmed is hereby appointed to inspect the flat in question on the point, mentioned in the petition and to report by the date fixed. After payment of fees as above, the writ be issued to the said Advocate.
The M.A. being No. 177/2017 is hereby disposed of.
Fix 16.01.2018 for report of local inspection.
Member Member President
Dictated and corrected by me.
