DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./09/2023
Date of Filing Date of Admission Date of Disposal
13.01.2023 24.03.2023 06.11.2024
Complainant/s:- | Sri Goutam Biswas, son of Late Deb Kuamr Biswas, residing at 83/57, Chandra Master Road, P.O. Nona Chandrapukur, Barrackpore, P.S. Titagarh, District- North 24-Parganas, Pin- 700122. -Vs.- |
Opposite Party/s:- | 1. Smt. Bina Biswas wife of Snehansu Biswas. 2. Sri Samanwaya Biswas son of Late Snehansu Biswas, both of 40 (30), Talbagan Road (West), P.O. Nona- chandanpukur, Barrackpore, P.S. Titagarh, District 24-Parganas (North), Pin- 700122. 3. Sri Partha Ghosh, proprietor of M/s. A.P.G. Associates, son of Purenendu Ghosh, of 7, Chatterjee Road, Barrackpore, P.O. Nonachandanpukur, P.S. Titagarh, District- 24-Parganas (North), Pin-700122. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainant above named filed this complaint against the aforesaid Opposite Parties praying for direction to the Opposite Parties to hand over Completion Certificate, to execute and register Deed of Conveyance, compensation amounting to Rs. 5,00,000/-, interest, cost of the case and other reliefs.
He alleged that one agreement dated 24/12/2008 was executed relating to sell of a shop room with the Opposite Parties with the consideration of Rs. 4,62,500/- and out of the said amount Complainant paid Rs. 4,50,000/- on 24/12/2008. But said shop room not yet been handed over to the hand of the Complainant. Opposite Parties are avoiding the Complainant. Hence, he filed this case.
Decisions with Reasons:-
Case was admitted on 24/03/2023.
Thereafter, 19/09/2024 was fixed for hearing the M.A. case no. 171/2024 & 172/2024. But on that Complainant was absent without any steps. He was asked to file Show Cause by 30/09/2024 as to why necessary order shall not be passed against him vide order no. 11 dated 19/09/2024.
But on the next date i.e. on 30/09/2024 Complainant did not take any steps nor filed Show Cause as per order no. 11 dated 19/09/2024.
Contd. To Page No. 2 . . . ./
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C.C. No./09/2023
Next date was fixed on 06/11/2024 i.e. today but Complainant did not take any steps nor filed Show Cause today.
Complainant not yet produced original documents in support of his case and ffor that reason we are unable to decide the case on merit.
The conduct of the Complainant indicates that he is not willing to proceed with this case. In this situation we have no other alternative but to dismiss the case along with two M.A. cases vide no. 171/2024 & 172/2024.
In the result, present case fails.
Hence,
It is
Ordered:-
that the present case be and the same vide no. CC/09/2023 along with two M.A. cases vide no. 171/2024 & 172/2024 are dismissed on contest against the Opposite Parties but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
