West Bengal

Rajarhat

CC/113/2023

Swapna Deb, W/o- Samir Deb - Complainant(s)

Versus

Sree Balaji Infracon - Opp.Party(s)

Mr. Suraj Kr Thakur, Subhash Ch Sarkar

22 Jun 2023

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/113/2023
( Date of Filing : 06 Apr 2023 )
 
1. Swapna Deb, W/o- Samir Deb
55/32,Fakir Ghosh Road, Purba Sinthi Road,P.O.-Ghughudanga, P.S.-Dum Dum,Kolkata-700030
...........Complainant(s)
Versus
1. Sree Balaji Infracon
2/89 Dum Dum Road,P.O.-Motijheel,P.S.-Dum Dum,Kolkata700074
2. Sri Prasanta Das Bagal,Partner of Sree Balaji Infracon
714/17 Laha Bagan ,Jawpur Road,P.O.-Motijheel,Kolkata-700074,P.S.-Dum Dum
3. Sri Gobinda Rao,Partner of Sree Balaji Infracon
125/3/1,JawPur Road,Near Santan Sangha Club,P.O.-Motijheel,Kolkata-700074,P.S.-Dum Dum
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Gurudas Guin PRESIDING MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 22 Jun 2023
Final Order / Judgement

Order No. 04

Ld. Advocate for the complainant is present.

Today is fixed for hearing of the admissibility of the petition of complaint.

Complainant filed this case praying for direction upon O.Ps. to hand over the possession in respect of a flat promised to handover by O.P./developer to the complainant.

Ld. Advocate for the complainant also submits that a development agreement was executed by and between the parties on 25th August, 2021.

It appears from the said agreement that the possession of the said flat is to be handed over to the complainant from date of execution of the development agreement within 24 months. As the development agreement was executed on 25th August, 2021, period for handing over the flat is yet not over.

In view of the aforesaid fact, we are of the opinion that there is no cause of action has been arisen for filing this case is exist.

Hence, the case is not admitted. Thus the case is dismissed.

Complainant is at liberty to file this case afresh, if requires.

 

Dictated and corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER

 
 
[HON'BLE MR. Gurudas Guin]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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