West Bengal

Kolkata-I(North)

CC/1/2020

Sri Bikash Chandra Das - Complainant(s)

Versus

Toubro Holdings Ltd. alias Alchemist Infra Realty Ltd. - Opp.Party(s)

Saumen Sekhar Ghosh

19 Apr 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/1/2020
( Date of Filing : 02 Jan 2020 )
 
1. Sri Bikash Chandra Das
S/o Late Basudeb Das, Santinagar, Madanpur, Saguna (P), madanpur, Pin - 741245.
Nadia
WB
...........Complainant(s)
Versus
1. Toubro Holdings Ltd. alias Alchemist Infra Realty Ltd.
723, DLF Tower - A, Jasola, District Centre, New Delhi. And at 15, Ganesh Chandra Avenue, Esplanade, Chowringhee North, Bowbazar, Kolkata - 700072.
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 19 Apr 2023
Final Order / Judgement

Order No.20                           Dated:19/04/2023

The complainant is found absent on calls.

No steps taken by the complainant today.

The Hon’ble High Court, Calcutta in WPA/1389/2017, CAN/679/2021, CAN/680/2021 with WPA 20070 of 2018 CAN 1 of 2019 (Old CAN 106 of 2019) Amarendranath Roy, Pres, INV. Welfare Ass. In Alchemist Group –Vs- Union of India & Others with WPA 26915 of 2017 Alchemist Investors and Broker Welfare Association & Others vide order dated 16.09.2021 directed the Alchemist Group of Companies to submit supplementary affidavit disclosing information regarding details of properties owned by the Alchemist Group of Companies along with its approximate value and also if any proceedings are pending before any authority, the details thereof. The Hon’ble High Court Calcutta vide above mentioned order opined that when the issue regarding refund of money to all the depositors of the Alchemist Group of Companies is being considered in the main petition, the individual depositors are not required  to be impleaded as parties to the proceedings. In case they have any grievance or any issue to be pointed out, they shall be at liberty to assist the Court in the pending matters. This matter is presently pending before the Hon’ble High Court Calcutta.

This Commission lack jurisdiction to proceed with the case.

The instant execution application has been filed against the Tubro Holdings Limited also known as Alchemist Infra Realty Ltd. & others. The matter against the Alchemist Group of Companies is sub-judice under the Hon’ble High Court Calcutta.

It seems that the complainant  is not interested to proceed with the complaint case and this Commission lack jurisdiction at present.

Hence, it is

ORDERED

that the complaint case be and the same is dismissed for non prosecution without cost.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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