Consumer Case No.75/S/2013
Order No.41.
Dt.24.08.16. The case is taken up for exparte order.
The complainant’s case in brief is that through registered deed of conveyance dated 30.04.1997, the complainant purchased from Satyabrata Sanyal (since deceased – the husband of OP No.1, and father of OP Nos. 2 to 6) the disputed property. On 30.04.1997 itself, Satyabrata Sanyal sold out the adjacent property to one, Sonali Das Chowdhury through a separate deed of conveyance. After such purchases, the complainant, and Smt. Sonali Das Chowdhury made constructions in their respective properties, but Sonali Das Chowdhury did not complete her construction. The complainant claims that during construction work Satyabrata Sanyal had requested him, and Smt. Sonali Das Chowdhury that they should allow him to use the space of the staircase in the ground floor, and that he may be allowed to use the southern passage of the ground floor for ingress, and egress. At the time of construction of the flat, the complainant extended the southern side roof of the first floor with the consent of Satyabrata Sanyal, which was quite unauthorized. Satyabrata Sanyal died in 1999 leaving the OP Nos.1 to 6 as his legal heirs. The complainant submits that the unauthorized extended portion of the roof poses some danger, and he had requested OP Nos.1 to 6 to allow him to demolish the said portion, but they turned down his plea. The complainant requested OP No.7, the Commissioner of Siliguri Municipal Corporation to inspect the unauthorized portion, and to demolish it, but his pleas fell on deaf ears. The complainant claims that neither Satyabrata Sanyal, nor his legal heirs dismantled some other constructions, which they were required to dismantle as per agreement between the parties. The complainant thus filed this case praying that the OPs be directed to dismantle the said constructions, and he prays for some other reliefs as well.
OPs appeared and filed written objection against the application under Section 13 (3B) of the Consumer Protection Act, 1986, read with Section 151 of C.P. Code. In the said objection, OP Nos.1 to 4 have stated that from the averments made in the complaint, it is crystal clear that allegedly cropped up disputes cannot be adjudicated by this Ld. Forum, as the disputes are absolutely civil in nature and the appropriate civil court has jurisdiction to entertain the alleged disputes. OPs have further stated that the instant complaint is hopelessly time barred. As per the version of the complainant, the first cause of action
was arisen in the year 1997 and thus the present complaint is required to be filed within the year 1999 and as such, the present complaint is hopelessly time barred. It is further stated by the OPs that the instant complaint is no way maintainable before this Ld. Forum and as such, the instant case is liable to be dismissed.
Complainant has filed the following documents :-
- Original Deed of Conveyance, being No.4438 for the year 1999.
- Xerox copy of Building Plan issued by the Siliguri Municipal Corporation.
- Original Municipal Tax Receipt in the name of the petitioner.
- Original copy of letter dated 08.11.2012.
- Xerox copy of letter dated 21.11.2012 & 21.12.2012 issued by the petitioner address to the Commission, S.M.C.
- Original received copy of complaint dated 31.01.2013 & 26.02.2013 lodged by Abhijit Chakraborty, son of the petitioner at Siliguri Police Station.
- Xerox copy of complaint dated 28.08.2013 lodged by the petitioner at Siliguri Police Station.
Decision with reason.
The materials on the complaint and the written objection filed by the OPs, and documents filed by the complainant submitted before the I.C., Siliguri P.S., it appears that the case involved such issues which can be determined only by taking elaborate evidence, oral and documentary etc. Herein the procedure is summary in nature. The complainant was wrongly advised to come before this Forum. The case be and same is dismissed exparte.
In the result, the case fails.
Hence, it is
O R D E R E D
that the Consumer Case No.75/S/2013 is dismissed exparte but without any cost.
Copies of this order be supplied to the complainant free of cost.
-Member- -Member- -President-
