DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

C.C. No./395/2022

Date of Filing                                   Date of Admission               Date of Disposal

  13.12.2022                                                    30.12.2022                           22.05.2024

P R E S E N T                                     :- Sri. Daman Prosad Biswas……….President.

                                                :- Sri.  Abhijit Basu…………………. Member.

JUDGMENT /FINAL ORDER

            Complainant above named filed this complaint U/s 36, 37 and 38 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction to deliver the flat, in default refund of Rs. 3,50,000/-, compensation amounting to Rs. 6,00,000/-, cost of the case amounting to Rs. 50,000/- and other reliefs.

            He alleged that he being a purchaser entered into an agreement for sale on  29/03/2018 with the O.Ps. As per said agreement, he was agreed to purchase one flat with the consideration of Rs. 9,00,000/-. Out of the said amount he paid Rs. 3,50,000/- but Opposite Parties not yet provided the flat nor refunded the money.

            Hence, he filed this case.

Decisions with Reasons:-

            Case was fixed for admitted on 30/12/2022. Thereafter, 09/05/2024 was fixed for filing questionnaire by the O.P. On that date Complainant was absent without any steps. 

Contd. To Page No. 2 . . . ./

: :  2  : :

C.C. No./395/2022

Complainant was asked to file Show Cause by 21/05/2024 as to why necessary order shall not be passed against him vide order no. 12 dated 09/05/2024.

            But on the next date i.e. on 21/05/2024 Complainant did not take any steps nor filed Show Cause as per order no. 12 dated 09/05/2024.

            On perusal of record we find that Complainant not yet filed original documents with the petition of complaint and for that reason we are unable to consider the claim of the Complainant.

            The conduct of the Complainant indicates that he is not willing to proceed with this case. In this situation we have no other alternative but to dismiss the case.

In the result, present case fails.

Hence,

                        It is

                                    Ordered:-

That the present case be and the same vide no. CC/395/2022 is dismissed against the Opposite Party No. 2 to 7 and dismissed ex-parte against the rest but without any order as to costs.

Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

President

Member                                                                                  President