West Bengal

Howrah

CC/16/2024

SMT. RINKU MAJUMDER - Complainant(s)

Versus

Sri Kamal Kumar Bhattacharjee - Opp.Party(s)

Bibhas Mondal, Subhasis Das, Subhratanu Sarkar, Laxmi Bisws, S.Roychowdhury

09 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/16/2024
( Date of Filing : 05 Feb 2024 )
 
1. SMT. RINKU MAJUMDER
W/o. Sri Ashok Majumder & D/o. Late Fatik Kumar Nandy 2 no. Govt. colony, P.O- Mukdumpur, P.S-English Bazar, Maldah-732103
...........Complainant(s)
Versus
1. Sri Kamal Kumar Bhattacharjee
S/o. Late Anl Bhattacharjee 94/1, Matremallohia Lane, P.O-Salkia, P.S-Malipanchghora, Howrah-711106
2. Sri Dipak Dey
S/o.Late Kanai Lal Dey 20/1, Husna Bibi Lane, Salkia, Malipanchghora, Howrah-711106
3. Sri Ujjal Nandy
S/o.Late Rabindra Nath Nandy 50/6, Arabinda Road, Salkia, Malipanchghora, Howrah-711106
4. Sri Shyamal Nandy
S/o.Late Rabindra Nath Nandy 50/6, Arabinda Road, Salkia, Malipanchghora, Howrah-711106
5. Sri Ranjan Nandy
S/o.Late Sachindra Nath Nandy 50/6, Arabinda Road, Salkia, Malipanchghora, Howrah-711106
6. Smt. Sujata Deb
W/o. Sri Paritosh Deb 25/A, Santi Nagar Lane, Bhadrakali, Uttarpara, Hooghly-712232
7. Smt. Sampa Lodh
W/o.Sri Asim Lodh P/4, Shyamaprasad Road, Nabagram, PO & PS- Konnagar, Hooghly-712235
8. Smt Pampa Sarkar
W/o.Sri Prasun Sarkar CA-144, Block-CA, Salt Lake City, Sector-I, PO & PS- Bidhannagar, North 24 Praganas-700154
9. Sri Amit Nag
S/o.Late Ashoke Nag 54/4,Q Road, PO- Netajinagar, PS-Liluah, Howrah-711108
10. Smt. Rita Bose
W/o.Sri Sambhu Bose 80, Debinibas Road, PO- Motijheel, PS-Nagerbazar, North 24 Parganas-700074
11. Sri Rohit Das
S/o. Sri Arun Chandra Das Chakraborty Para,PO- Naba Pally, PS- Barasat, North 24 Parganas-700126
12. Sri Rahul Das
S/o. Sri Arun Chandra Das Chakraborty Para,PO- Naba Pally, PS- Barasat, North 24 Parganas-700126
13. Smt Writtika Das Saha
W/o.Sri Subhojit Saha Vivekananda Road, PO & PS- Barasat, North 24 Parganas- 700124
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:Bibhas Mondal, Subhasis Das, Subhratanu Sarkar, Laxmi Bisws, S.Roychowdhury, Advocate for the Complainant 1
 
Dated : 09 Feb 2024
Final Order / Judgement

Order No:  2                                                                                      Date:09/02/2024

Today is fixed for admission hearing. Complainant is found present. Heard Ld. Advocate of the complainant side. Considered submission. Perused the materials of the case record.

On close examination of the materials of the case record, it appears that the complainant has adopted the plea that she has 1/13 share in the 50% allocated portion of the developed property which has been described in the schedule of the complaint petition.

It is revealed that the complainant has failed to state/establish in which portion of the schedule mentioned property the complainant has 1/13 share. It is revealed from the case record that this 50% share of the landowner have not yet been partitioned and so it is not clear to the landowner in which portion of said building they have been allotted their share.

It is also important to note that there are 13 landowners but all the landowners have not been impleaded as parties in this case and so this case is out rightly bad for non-joinder of parties.

A cumulative consideration of the above noted discussion goes to show that this Complaint case cannot be admitted as it is not maintainable. In the result,

it is accordingly

o r d e r e d

that this complaint case is not admitted and so it is dismissed as it is not maintainable. No order is passed as to cost.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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