STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
RC No. 138 of 2009
1. Smt. Juthika Guin.D/O Late Amarendra Kumar Guin, 377, Mallick Lane, PO & PS. Chinsurah, Dist. Hooghly. Represented through her Constituted Attorney Sremoyee Guin, 377 Mallick Lane, PO & PS. Chinsurah, Dist. Hooghly.
...........Appellant(s)
Vs.
1. Sri Ramesh Yadav.S/O Sri Arjun Prosad Yadav. C/O Ram Equal Singh, Rampal Singh Bagan, Kolupukur, Chandannagar, PO & PS. Chandannagar, Dist. Hooghly, Presently residing at Amratala Gali, Chinsurah, PO & PS. Chinsurah, Dist. Hooghly, 2. M/s Saikat Construction, 13/8/D, Ariff Road. PS. Ultadanga, Kolkata- 700067.
...........Respondent(s)
For the Appellant :
Mr. Shyamal Kumar Bhattacharya., Advocate for
For the Respondent :
Dated : 17 Dec 2009
ORDER
No. 1/17.12.2009.
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
Heard the Ld. Advocate for the Revision Petitioner.It appears that Revisionist as O.P. No. 2 filed an application challenging the maintainability of the proceeding at the instance of the Complainant.It appears that the Complainant has claimed in the complaint his right under an Agreement in respect of purchase of a flat constructed by O.P. No. 1.As it appears prima facie that such question of maintainability can be decided only after entire evidence is recorded, we are of the opinion that the impugned order was passed rightly by the Forum below and there is no question of interference with the same.In the circumstances the revision fails and is dismissed.We make it clear that we have not expressed any opinion as regards maintainability of the complaint in the present order.
MR. A K RAY, Member
HON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT
MRS. SILPI MAJUMDER, Member
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