| Complaint Case No. CC/119/2020 | | ( Date of Filing : 28 Feb 2020 ) |
| | | | 1. Tapan Kumar Bhowmick | | Prop. Of GEM ENTERPRISES, of 40/1, Ashwini Dutta Road, Kolkata-700028 & works for gain at premises no.57/1, Sahid Sunil Sen Sarani ( Holding No.162), P.S- Dum Dum, Kolkata-700028. |
| ...........Complainant(s) | |
| Versus | | 1. Tapan Chakraborty | | Residing at Sodpur, Ghola , Kadamtala, P.S-Ghola, P.O- Ghola Bazar, Kolkata-700111. | | 2. Tapas Chakraborty | | Residing at Sodpur, Ghola , Kadamtala, P.S-Ghola, P.O- Ghola Bazar, Kolkata-700111. | | 3. Kabita Mukherjee | | Residing at Sodpur, Ghola , Kadamtala, P.S-Ghola, P.O- Ghola Bazar, Kolkata-700111. | | 4. Mita Banerjee (chakraborty) | | 69, Banerjee Para Road, Bank Coloney, P.S- Tollygaunge, Kolkata-700041. | | 5. Sabita Samaddar (chakraborty) | | Residing at 3 XB Sagarbhanga Housing Coloney, Durgapur-713211, P.S- New Town. | | 6. Paushali Poly Banerjee | | 73/16B, Baruipara Lane, P.S- Baranagar, Kolkata-700035. | | 7. Barnali Banerjee | | 73/16B, Baruipara Lane, P.S- Baranagar, Kolkata-700035. | | 8. Pubali Banerjee | | Residing at Premises No-158/4 Baruipara Lane, P.S- Baranagar, Kolkata-700035. | | 9. Tarun Chakraborty | | Residing at premises no.57/1, Sahid Sunil Sen Sarani, P.S- Dum Dum,Kolkata-700028. | | 10. Tanima Chakraborty | | Residing at premises no.57/1, Sahid Sunil Sen Sarani, P.S- Dum Dum,Kolkata-700028. | | 11. Sankar Bose Partners of M/s Swarup Construction | | 115, sunny Apartment, Sahid Sunil Sen Sarani, P.S- Dum Dum, Kolkata-700028. | | 12. Gautam Chakrabarty partners of M/S SWARUP CONSTRUCTION | | 42/4/1, S.k.Dev Road, 3rd Bye Lane, P.S- Lake Town, Kolkata-700048. | | 13. Abhijit Ghosh Partners of M/S SWARUP CONSTRUCTION | | b1,69/1,S.K.Deb Road, P.S- Lake Town, Kolkata-700048. |
| ............Opp.Party(s) |
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| Final Order / Judgement | This Complaint is filed by the Complainant under Section 12 of the CP Act, 1986 alleging deficiency in service as well as unfair trade practice as the Ops did not bother to take any step to execute the Deed of Conveyance in favour of the Complainant in respect of the questioned shop room. Today is fixed for admission hearing of the Complaint. At the time of hearing on the point of admissibility of the Complaint it is noticed by us that the Complainant being inclined to purchase a shop room from the Ops approached before them. In respect of purchase of shop room we are to say that within the four corners of the petition of Complaint nowhere it is written by the Complainant to the extent that for which purpose the Complainant interested to purchase a shop room, either for carrying on business or carrying on business for earning his livelihood, whatever it may be. In the petition of Complaint the abovementioned should be mentioned for determination of the Jurisdiction of this Ld. Forum. Upon hearing the same the Ld. Counsel for the Complainant has filed an application praying for withdrawal of this Complaint on the ground that due to inadvertence, such contention is missing in the present petition of Complaint, which was required to be mentioned by the Complainant. Upon perusal of the application filed today on behalf of the Complainant we are inclined to allow the prayer for withdrawal of the instant Complaint in the interest of Natural Justice. Hence it is ordered that the Consumer Complaint being no. 119/2020 is hereby disposed of as withdrawn in view of the application subject to giving liberty to the Complainant to file afresh before the Competent Forum/Court/Commission, if not barred otherwise. There is no order as to cost. As the Complaint is not admitted the Complainant is at liberty to get return the photocopy of the petition of Complaint and other related documents from the Office of this Ld. Forum and for this purpose the Complainant has to make an application before the Registrar-in-Charge of this Ld. Forum separately. Upon receipt of the Application from the Complainant the Registrar-in-Charge is directed to take step so that the Complainant can get return of the aforementioned in accordance with Law. Let plain copy of this final judgment be given to the parties free of cost as per the CPR, 2005. Dictated & Corrected by [Hon’ble MRS. Silpi Majumder] Member | |
