Assam

StateCommission

CC/19/2018

Sri Jagadindu Nandy - Complainant(s)

Versus

Sri Biswajit Das - Opp.Party(s)

Mr. V.K. Barooah

19 May 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Complaint Case No. CC/19/2018
( Date of Filing : 01 Sep 2018 )
 
1. Sri Jagadindu Nandy
Son of Jytindra Kumar Nandy care of Jyostsna Deka, 18 Junak, Shiv Shakti Path Kahilipara Road, Jatia Pin - 781006
...........Complainant(s)
Versus
1. Sri Biswajit Das
Son of Late Upendra Chandra Das Proprietor of the Firm named Brahmaputra Shelters Resident of House No. 6, Shreenagar, Bye Lane No 2, Ward No 43, PO and PS Dispur, Guwahati Pin 781006
2. Smt Bulu Hira
Son of late Mohindra Hira care of Anupam Das House No. 9 Ayodha Path Jatia side 1st Building 3rd floor DPI Janakpur Guwahati 781006
3. Sri Manoj Kumar Borah
Son of late Mohindra Hira care of Anupam Das House No. 9 Ayodha Path Jatia side 1st Building 3rd floor DPI Janakpur Guwahati 781006
4. Sri Anuj Bora
Care of Anupam Borah Son of Mohindra Hira House No 27 Kahilipara Road, Shiv Shakti Path, House No. 27, Jatia
5. Sri Lohit Bora
Son of Mohidhar Hira Resident of Shanti Plaza Kahilipara Road Jatia Guwahati 781006
6. Sri Anupam Borah
Son of Mohindra Hira House No 27 Kahilipara Road Shiv Shakti Path House No 27 Jatia Guwahati781006
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MR. Sushil Kumar Sarma MEMBER
 HON'BLE MR. Sisir Kr Baruah MEMBER
 
PRESENT:Mr. V.K. Barooah, Advocate for the Complainant 1
 
Dated : 19 May 2022
Final Order / Judgement

             Mr. V. K. Barooah, learned counsel, appearing for the complainant is present. On 28-3-2022 Mr. Baruah informed this Commission that the complainant died due to Covid-19 and as such, on his submission, time was granted to him for filing of substitution application. Today he submits that it was informed by the legal heirs of the deceased complainant that the builder i.e. the opposite party No. 1 had executed the sale deed in respect of the flat which formed part of the agreement for sale bearing registration Deed No. 8021 dated 6-9-2011 for a flat measuring 1100 sq. ft. on the second floor of the proposed building. In view of the same, it is submitted that the cause of action does not survive. Needles to say that there is no bar in filing afresh case/complaint on fresh cause of action.

           In view of the same this complaint is disposed of.

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MR. Sushil Kumar Sarma]
MEMBER
 
 
[HON'BLE MR. Sisir Kr Baruah]
MEMBER
 

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