West Bengal

Rajarhat

MA/237/2022

Sri Narayan Chandra Putatunda - Complainant(s)

Versus

Sri Dilip Chakraborty - Opp.Party(s)

17 Nov 2022

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
 
Miscellaneous Application No. MA/237/2022
( Date of Filing : 17 Nov 2022 )
In
Complaint Case No. CC/368/2020
 
1. Sri Narayan Chandra Putatunda
dd
...........Appellant(s)
Versus
1. Sri Dilip Chakraborty
ds
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 17 Nov 2022
Final Order / Judgement

The record is put up by petition filed on behalf of the complainant.

Another application is filed by the complainant for correction of the order passed on 02.11.2022. The said application is registered as MA/237/2022. In presence of the Ld. Pleader Commissioner the MA/237/2022 is taken up for hearing. It is submitted by the Ld. Advocate of the complainant that the order dated 02.11.2022 erroneously bears mention about 522 sq. ft. including 40 sq. ft. in respect to which the deed was directed to be prepared – although the deed due to be executed and registered in respect to cover area of 522 sq.ft. + cover area of 38 sq.ft. A cursory perusal of the material available on record reveals that the complainant was a tenant in respect to 522 sq.ft. (cover area) and was purchaser in respect to 38 sq.ft. Therefore, the execution and registration of sale deed will have to be made in respect to 522 + 38= 560 sq.ft. (cover area). The said mistake which was committed inadvertently needs to be rectified. In the exercise of power conferred u/s 40 of the CP Act we should go for correction of the said error.

Again in the third line of second para of the order dated 02.11.2022 mistakenly ‘dee’ was typed although the word should be ‘deed’. The said error is also needed to be rectified.

The MA/237/2022 is therefore, allowed and disposed of.

A fresh copy of order dated 02.11.2022 with necessary correction be prepared and kept with the record.

The copy of the corrected order be handed over the Ld. Advocate of the complainant and to the Ld. Pleader Commissioner and also to the Ld. Advocate of the OP.

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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