West Bengal

Rajarhat

CC/237/2023

Sri Soumya Pal, S/o- Prabhat Pal - Complainant(s)

Versus

Sri Pravakar Nayak, S/o- Shiba Prasad Nayak - Opp.Party(s)

Adv Arindam Dey, Adv Sandipan Dey

10 Aug 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/237/2023
( Date of Filing : 26 Jul 2023 )
 
1. Sri Soumya Pal, S/o- Prabhat Pal
Residing at 39/2,Kali Charan Ghosh Road, P.O- Sinthee, P.S- Baranagar, Dist- North 24 Parganas, Kolkata-700050.
2. Smt. Rumpa Panja W/o Sri Soumya Pal
Residing at 39/2,Kali Charan Ghosh Road, P.O- Sinthee, P.S- Baranagar, Dist- North 24 Parganas, Kolkata-700050.
...........Complainant(s)
Versus
1. Sri Pravakar Nayak, S/o- Shiba Prasad Nayak
Residing at 65, Dr. P.C Lahiri Sarani, P.O- Sinthee, P.S- Baranagar, Dist- North 24 Parganas, Dist- North 24 Parganas, Kolkata-700050.
2. Smt. Kausalya Nayak W/o Sri Pravakar Nayak
Residing at 65, Dr. P.C Lahiri Sarani, P.O- Sinthee, P.S- Baranagar, Dist- North 24 parganas, kolkata-700050.
3. Yash Raaj Construction ( Rep. by its proprietor Sri supratim chakraborty S/o Late Sunil Chakraborty )
Office at 1/1/B, Ghosh Para Lane, P.O and P.S- Baranagar, Dist- North 24 Parganas, Kolkata-700036.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Shri Sankar Kumar Ghosh PRESIDENT
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 10 Aug 2023
Final Order / Judgement

Order No. 02

Ld. Advocate of the Complainants is present.

The case is taken up for hearing on the point of admission.

Heard the Ld. Counsel elaborately.

Perused. Considered.

The main grievance ventilated by the complainants is that the quality and structure of the building are not made with good building materials causing damages of the building and as such for redressal they have come before this Commission for reliefs.

On a close scrutiny of the materials of the record, it reveals that on 18.11.2019, deed of conveyance relating to the flat in question was registered on 18.11.2019 and complainants took possession of the same flat in question.

Now, on 26.07.2023, complainants filed this case so, it is palpably clear that more than three years after the deed of conveyance in respect of the flat in question, complainants have come forward for redressal. It can easily be said that long after completion of all formalities including registration of the flat in question, complainants after three years have come for redressal and in such a situation wherein all formalities have completed relating to the sell of the flat in question at this belated stage if complainants come for redressal, this Commission is of the view that in that case complainants are not in a position to get any relief, so far the provision of C.P. Act, 2019 and as such this Commission is of the view that prima-facie this Commission finds no appreciable materials for further proceedings of the case.

Hence, the instant complaint stands rejected.

 

Dictated and corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT

 
 
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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