West Bengal

Kolkata-I(North)

MA/14/2022

Ms. Dipti Krishna Bhatta and another - Complainant(s)

Versus

Sri Shubhojit Shaw (Developer) and another - Opp.Party(s)

20 Feb 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/14/2022
( Date of Filing : 10 May 2022 )
In
Complaint Case No. CC/330/2021
 
1. Ms. Dipti Krishna Bhatta and another
D/o Dambaru Dhar Bhatta, 9, S. N. Banerjee Road, P.O. - Dharmatala, P.S. - New Market, Kolkata - 700013.
2. Smt. Kamala Kanti Bhatta
W/o Dambaru Dhar Bhatta, 9, S. N. Banerjee Road, P.O. - Dharmatala, P.S. - New Market, Kolkata - 700013.
...........Appellant(s)
Versus
1. Sri Shubhojit Shaw (Developer) and another
S/o Late Bbola Nath Shaw, 33/2/1, Pulin Khatik Road, P.O. & P.S. - Tangra, Kolkata - 700015.
2. Sankar Kundu (Land Owner)
S/o Late Laxmi Narayan Kundu, 26, Das Nagar Colony, P.O. & P.S. - Tollygunge, Kolkata - 700045.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 20 Feb 2023
Final Order / Judgement

Order No.5                       Dt.:20/02/2023

Ld. Advocate for the complainant is present.

Ld. Advocate for the opposite party no.1 is present.

Opposite party no.1/petitioner is present.

Perused. Considered the Misc. application dated 10/05/2022 filed by opposite party no.1/petitioner.

Heard both side.

The opposite party no.1/petitioner filed Misc. application on the grounds of maintainability stating that the case has been filed under the old Act of 1986 and the valuation of the case is not correct.

On perusal of the record we find that the defect has already been heard in MA/22/2023.

Therefore, the instant Misc. application has become infractuous.

Hence, it is

                                                O R D E R E D

that the Misc. Application be and the same is dismissed on contest but without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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