West Bengal

Howrah

CC/133/2024

SRI SRIKANTA JANA - Complainant(s)

Versus

Sri Swapan Pal - Opp.Party(s)

Kunal Banerjee

16 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/133/2024
( Date of Filing : 08 Jul 2024 )
 
1. SRI SRIKANTA JANA
S/o. Late Darshan Jana Residing at 6/3, Bhagabati Banerjee Lane, Bally, Howrah-711201
...........Complainant(s)
Versus
1. Sri Swapan Pal
S/o. Late Jugal Krishna Pal Proprietor of Tirupati Builders office at 94,G.T. Road, Bally, Howrah-711201 Also at- 23/2, Dewangazi Road, Bally, Howrah-711201
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 
PRESENT:
 
Dated : 16 Jul 2024
Final Order / Judgement

Order No:  2                                                                                        Date:16/07/2024

Today is fixed for admission hearing. Complainant side is found present and ready. Heard Ld. Advocate for the complainant side. Considered submission.

As per case of the complainant side he was a tenant for near about 46 years in the suit property and the promoter has made an Agreement for payment of Rs.6,00,000/- and also for allotment of a flat at the top floor of the said building.

On the background of the above noted point of contention this District Commission after making scrutiny of the documents filed by the complainant side finds that the O.p. side has paid Rs.2,00,000/- to the complainant but no written Agreement in respect of allotment of any portion at the top floor has been filed. Even from the money receipt which has been filed by the complainant there is no reflection of the fact of allotment of any portion at the top floor.

The above noted factors are clearly depicting that there is a gross deference in between fact pleaded and documents produced.

Under this position, this District Commission is of the view that this complaint petition is not admitted and so it is dismissed. No order is passed as to cost.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 

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