DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./369/2022
Date of Filing Date of Admission Date of Disposal
23.11.2022 29.11.2022 21.05.2024
Complainant/s:- | Subhajit Roy, S/o Sukumar Roy, residing at 1A/1, Salimpur Lane, Police Station – Garfa, Kolkata – 700031, present Residing at 40A Babubagan Lane, Post Office – Dhakuria, Police Station – Lake, Kolkata. -Vs- |
Opposite Party/s:- | - Sri Uma Shankar Jaiswal, son of ………Jaiswal
- Vinod Kumar Sha son of …………….Sha
Laxmi Group a company registered under the companies Act, 1956, having its registered office 41/1 Ghatpara Road Bhatpara, Kakinara, North 24 Parganas, Pin – 743123. |
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 against the aforesaid Opposite Parties praying for direction to refund Rs. 1,00,000/- along with interest, compensation amounting to Rs. 1,00,000/-, litigation cost amounting to Rs. 15,000/- and other reliefs.
He alleged that he booked one flat before the O.P No. 1 and value of the said flat was fixed Rs. 23,00,000/- and he paid Rs. 1,00,000/- as booking amount. Complainant got two money receipts in respect of the said amount of Rs. 1,00,000/-. Complainant was intended to purchase the said flat through bank loan but in the year 2021 during pandemic situation of COVID-19 he could not arrange the rest amount of consideration money through bank loan. Thereafter, Complainant requested the O.P No. 1 to refund the booking amount of Rs. 1,00,000/- then Opposite Parties assured to refund the said amount. Lastly O.P No. 1 refused to return the aforesaid amount of Rs. 1,00,000/-. He sent a legal notice to the Opposite Parties but did not get any fruitful result. Hence, the complainant filed this case.
Decisions with Reasons:-
Case was admitted on 29/11/2022. Thereafter, 19/03/2024 was fixed for hearing the petition filed by O.P No. 1 and 2.
On 29/03/2024 Complainant was absent without any steps. Complainant was asked to file Show Cause by 06/05/2024 as to why necessary order shall not be passed against him. But on the next date i.e. on 06/05/2024 Complainant was absent without any steps. On that date he did not file Show Cause as per order no. 09 dated 19/03/2024.
Complainant did not file original documents at the time of filing of this case or any subsequent dates.
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.
Contd. To Page No. 2 . . . ./
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C.C. No./369/2022
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/369/2022 is dismissed against the Opposite Parties 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
