West Bengal

Rajarhat

MA/71/2021

Smt. Mamata Das,w/O-Prasanta Das(Developer) - Complainant(s)

Versus

Sri Pappa Chakraborty,S/o-Pannalal Chakraborty - Opp.Party(s)

Mr. Barun Prasad

20 Sep 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/71/2021
( Date of Filing : 18 Nov 2021 )
In
Complaint Case No. CC/88/2021
 
1. Smt. Mamata Das,w/O-Prasanta Das(Developer)
Residing at 147,Kalipada Samanta Nagar,Lake Town,P.O.Bangur Avenue,P.S-Lake Town,Kolkata-700055
...........Appellant(s)
Versus
1. Sri Pappa Chakraborty,S/o-Pannalal Chakraborty
Residing at 68/53,Jossore Road,P.O.Motijheel, P.S-Dum Dum,Kolkata-700074
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 20 Sep 2022
Final Order / Judgement

Order No.16

Today is fixed for hearing of MA being no. 22/2021, after having heard the Ld. Advocates on both sides, the MA being no. 22/2021 is allowed. The ad interim order of injunction is made absolute.

The MA being no. 22/2021 is thus disposed of.

The MA application no. 71/2021 is taken up for hearing. After hearing of the Ld. Advocates on both sides and after perusing the said application in the light of other material on record we find that the address of OP no. 2, 3, 4, 6, 7, 9 and 10 are required to be corrected as they have already changed their address. For doing so, the aforesaid MA has been filed. The prayer for amendment as set out in the application being no. 71/2021 being formal and incidental in nature is allowed. The Ld. Advocate of the complainant may file amended complaint incorporating the new address of the aforesaid OPs by the next date.

The MA being no. 71/2021 is thus disposed of.

The MA being no. 72/2021 is taken up for hearing, heard the Ld. Advocates on both sides and perused the aforesaid application in the light of other material on record. By filing the aforesaid application the complainant has brought to the notice of this Commission that OP no. 5 and OP no. 8 have passed away leaving behind their legal heirs. It has been prayed by the Ld. Advocate of the complainant that the legal heirs of OP no. 5 and OP no. 8 are required to be brought into this record. By filing the aforesaid application the complainant has sought for amendment. Prayer is allowed.

26.09.2022 is fixed for fling the amended complaint.

The application being no. 72/2021 is allowed and disposed of.

The Ld. Advocate of the complainant is directed to cause service of notice upon legal heirs of OP no. 5 and OP no.8 by the next date. The legal heirs of OP no. 5 and OP no. 8 will get chance to file W/V within 30 days from the date of receipt of the notice.

As such, 26.09.2022 is fixed for filing amended complaint by the Ld. Advocate of the complainant.

Today is fixed for making payment of the balance amount.

But the Ld. Advocate appearing for the OPs prays for time till 26.09.2022. It is pledged by the Ld. Advocate of the OPs that payment of Rs. 2, 00,000/- would be made on 26.09.2022. He is directed to ensure to payment of Rs. 2, 00,000/- by 26.09.2022. The Ld. Advocate of the complainant is directed to file amended complaint on 26.09.2022.

As such, 26.09.2022 is fixed for S/r and appearance and for filing W/V and for making payment.

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

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