No.7/24.05.2016

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

This order relates to hearing on the on MA 164 of 2016 filed by OP Nos.1 and 2. 

The Learned Counsel for the Misc. Applicant has submitted that the agreement was entered into between the Complainant being the Purchaser and Happy Highrises Ltd. being the Owner.  It is submitted that the complaint has been instituted against Godrej Properties Ltd. and there is no mention of Godrej Properties Ltd. in the agreement.  It is submitted that there is defect of party in this case for which the complaint must fail. 

The Learned Counsel for the Complainant has submitted that the Complainant purchased a flat bearing no.404, Tower Tapti in Godrej Prakiti situated at Kolkata.  It is submitted that liberty may be given to the Complainant to amend the complaint.

We have heard the submission made by both sides and perused the papers on record.  As per averment made in paragraph 3 of the complaint the flat was allegedly purchased by the Complainant in Godrej Prakiti, that is, the Housing Complex.  But the agreement was entered into between the Complainant and Happy Highrises Ltd.  It is true that there is defect of party in this case.  But we are of the considered view that in case of defect of party the liberty should be given to the Complainant to amend the complaint. 

The Complainant is at liberty to amend the complaint.  Fix 04/07/16 for hearing of the Miscellaneous Application regarding amendment of the complaint, if filed.  Objection in the meantime.  MA 164 of 2016 is disposed of.