DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A No.- 112/2019
Arising out of C. C. NO-245/2017
Date of Filing: Date of Disposal:
27.02.2019 01.03.2019
Complainant:- Tapan Kumar Chakraborty,
S/o Late Dhirendra Nath Chakaraborty,
41, Subhasnagar, P.O.-Sodepur, P.S.-Khardah,
Kolkata-700110.
=Vs=
Opposite Parties :- 1. Sukanya Enterprise,
Represented by- Sri. Sanjoy sengupta,
1, Deshnabdhu Nagar, Block-D, P.O.-Sodepur,
P.S.-Khardah, Kolkata-700110.
2. Sri. Sankar Kanti Paul,
S/o Late Surendra nath Paul,
C/o Manoj Das (Bhombol),
Deshbandhu Apartment,
2nd Floor, 1, Deshbandhu Nagar, Block-C,
P.O.-Sodepur, P.S.-Khardah,
North 24 Parganas, Kolkata-700110.
M/S. Globe Net Solutions,
Represented by-
3. Sri. Rajib Sen,
S/o Late Jahar Lal Sen, Sodepur,
60, South Pansila, P.O.-Pansila, P.S.-Khardah,
Kolkata-700112.
4. Smt. Snigdha Paul,
W/o Sri. Sankar Kanti Paul,
1, Deshbandhu Nagar, Block-B, P.O.-Sodepur,
P.S.-Khardah, North 24 Parganas,
Kolkata-700110.
5. Smt. Iti Sengupta,
W/o Sri. Sanjoy sengupta,
1, Deshbandhu Nagar, Block-D, P.O.-Sodepur,
P.S.-Khardah, North 24 Parganas,
Kolkata-700110.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………….President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order No-13
This order is arising out of the MA being no-112/2019 filed by the Complainant in the CC no 245/2017 praying for restraining order against the OPs so that the OPs cannot create any third party interest on the property mentioned in the schedule till disposal of the instant complaint.
Cont…………2
:2:
M.A No.- 112/2019
Arising out of C. C. NO-245/2017
In the application the Complainant has stated that this complaint is running exparte against all the OPs as the OPs inspite of receipt of the notices did not turn up to contest the complaint either orally or by filing written version. The Complainant tried to make contact with the OPs, but to no effect. The Complainant is seriously apprehending that at anytime the OPs can create third party interest in the said flat and for to this reason by filing this application the Complainant has prayed for an interim order so that the OPs cannot transfer the schedule property to any third party. According to the Complainant if this application is not allowed the interest of the Complainant will be seriously prejudiced and prayer is made by the Complainant for allowing this application.
The record reveals that inspite of receipt of the notices the OPs did not appear to contest the complaint and hence this Ld. Forum was pleased to pass an order that the complaint will run exparte against the OPs. The Complainant has adduced evidence on affidavit. Being apprehended the Complainant has filed this application praying for restraining order against the OPs to debar them to transfer the questioned property to any third party. As the complaint is running exparte hence service of the copy of this application to the OPs need not be required. As none is present to contest the complaint, hence we have no objection if the prayer of the Complainant be allowed till disposal of this complaint. As the OPs did not put in appearance, hence scope cannot be given to the OPs to contest this application by filing any objection. Therefore we are of the view that the prayer of the Complainant as made out should be allowed.
Hence it is ordered that the MA being no-112/2019 is hereby allowed exparte against the OPs without any cost.
Be it mentioned that this order will be in force till disposal of this complaint.
Fix 06.05.2019 for argument of the complaint, BNA, if any be filed in the meantime.
Let plain copy be given to the parties free of cost as per the Provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
