West Bengal

Rajarhat

CC/560/2022

Smt. Manisha Shaw, W/o Sri Mishrilal Shaw - Complainant(s)

Versus

Smt Sujata Dey, W/o.- Sri Gopal Dey - Opp.Party(s)

Adv mainul Islam

17 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
 
Complaint Case No. CC/560/2022
( Date of Filing : 28 Sep 2022 )
 
1. Smt. Manisha Shaw, W/o Sri Mishrilal Shaw
Residing at 46B , Manicktola Main Road, P.s- Manicktala , kolkata-700054.
...........Complainant(s)
Versus
1. Smt Sujata Dey, W/o.- Sri Gopal Dey
Residing at 22A, Bidhan Nagar Road, P.S- Ultadanga, Kolkata-700067.
2. Swapna Saha W/o Niranjan
Residing at 22A, Bidhan Nagar Road, P.S- Ultadanga, Kolkata-700067.
............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 : 17 Oct 2022
Final Order / Judgement

Today is fixed for hearing on the point as to admissibility of the complaint.

But none appears to take part in the hearing. By filing the aforesaid complaint the complainant has sought for a direction for conversion a piece of land from ‘Sali’ (Agricultural land) to ‘Bastu’ (Homestead). But the CP Act is a brunch of Law of Torts as recognised under Common Laws of England. Tort is a civil wrong and the remedy for commission of such wrong is always ‘damages’. But the case as framed by the complainant does not fall under the aforesaid category. Therefore, the case is not maintainable before this Commission.

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