This case record is taken up for consideration for passing order in the matter of the application filed u/s 38(8) of Consumer Protection Act, 2019 wherefrom this M.A. case has been cropped up.

The op of this M.A. case has contested this M.A. case by filing W/O.

The argument highlighted by ld. Lawyers of the applicant side and of the ops has been heard in full. Considered submission.

It is the main point of contention and argument of the applicant who is the complainant of C.C. case no. 181 of 2022 in a nutshell is that the ops have been making construction in the A schedule property by violating the sanction plan of the building and the ops are also making attempt to transfer the B schedule property to the outsider although one development agreement has been executed and a good amount of consideration money has been paid by the applicant to the ops. So, the applicant side has prayed before this District Commission for passing an order of injunction restraining the ops from making illegal construction and also from selling the properties to the third parties.

On the other hand, ops by filing series of documents and by laying emphasis on those documents argued in short that the ops have been making construction over the A schedule property as per building sanctioned plan issued by the Uttarpara-Kotrung Municipality and the ops have been making construction over the A schedule property and so if any order of injunction is passed the entire project work would be stopped and in that event the ops shall suffer irreparable loss and injury. It is also pointed out that if the ops are restrained from selling the flats to the outsiders, they would also suffer loss. For all these reasons the ops have prayed for dismissing this M.A. case.

For the purpose of arriving at decision over the above noted issues and also for the interest of deciding the fate of this case, this District Commission after going through the materials of this case record and also after making scrutiny of the documents which have been filed by the ops, this District Commission finds that the applicant is an intending purchaser and he entered into development agreement with the ops and also have paid consideration money to the ops. Under this position if the ops are allowed to make illegal construction over the suit property/ A schedule property, the interest of the applicant would definitely be seriously affected and he would suffer irreparable loss and injury. Moreover if the ops transfer the B schedule property to the outsider third party, the applicant shall also suffer irreparable loss and injury. For all these reasons there is necessity of passing an order of injunction in this M.A. case and to allow the injunction petition which has been filed u/s 38(8) of Consumer Protection Act, 2019. However if the ops are restrained from making construction as per sanctioned building plan in connection with A schedule property, they would also suffer loss. Considering all the above noted factors this District Commission is of the view that an injunction order can be passed over the A schedule property in respect of first floor flats including B schedule property till the disposal of this case in respect of its nature, character, right, title, interest and possession and the ops are also restrained from selling the flats of first floor including B schedule property to the third party outsider till the disposal of this case.

In the light of the observation made above this M.A. case no. 55 of 2022 is allowed on contest but in part. Considering all the above noted factors this District Commission is of the view that an injunction order can be passed over the A schedule property in respect of first floor flats including B schedule property till the disposal of this case in respect of its nature, character, right, title, interest and possession and the ops are also restrained from selling the said flats including B schedule property to the third party outsider till the disposal of this case.

Thus, the petition filed by the applicant side u/s 38(8) of Consumer Protection Act, 2019 is also disposed of on contest.

Let the case record of M.A. case no. 55 of 2022 be tagged with the case record of C.C. case no. 181 of 2022.