West Bengal

Rajarhat

CC/664/2022

Smt. Sagarika Mohanty, W/o.- Sri Panchanan Mohanty - Complainant(s)

Versus

Sri Abhijit Roy, S/o.- Sri Bijoy Roy - Opp.Party(s)

Mr.Jagannath Ganguly

09 Jan 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/664/2022
( Date of Filing : 23 Dec 2022 )
 
1. Smt. Sagarika Mohanty, W/o.- Sri Panchanan Mohanty
Flat No.B-1,1st Floor,Dakshina Apartment,98/1,Nirmal Sengupta Sarani ,P.O.Italgacha,P.S. Dum Dum,Kolkata-700079
2. Sri Panchanan Mohanty,S/O-Late Nabaghana Mohanty
Flat No.B-1,First floor,Dakshina Apartment,98/1,Nirmal Sangupta Sarani,P.O.-Italgacha,P.S.-Dum Dum,Kolkata-700079
...........Complainant(s)
Versus
1. Sri Abhijit Roy, S/o.- Sri Bijoy Roy
12/12D,U.K. Dutta Road,P.O.& P.S.-Dum Dum,Kolkata-700028
............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 : 09 Jan 2023
Final Order / Judgement

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

We have heard the Ld. Advocate of the complainant and adverted to the material available on record. It appears that the complainant has sought for direction/order for cancellation of the development agreement dated 28.09.2018, for appointment of an Engineer Commissioner for effecting comparison with the sanctioned plan and the development agreement and for other reliefs by filing the present case. The matter related to cancellation of development agreement exclusively comes within the ambit of Civil Court and this Commission has no jurisdiction to issue such a direction or order. Again this Commission is unconcerned for the question as to effecting comparison between the property in suit and the sanctioned plan. Neither deficiency in service nor defects in the goods has been alleged. The case as framed by the complainant is not maintainable before this Commission at all.

Therefore, we are of the view that this case should be dismissed for being not admitted.

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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