West Bengal

Kolkata-II(Central)

CC/204/2021

Saraswati Devi - Complainant(s)

Versus

Umesh Singh - Opp.Party(s)

Dulal Kumar Bhatatcharya

31 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/204/2021
( Date of Filing : 05 Mar 2021 )
 
1. Saraswati Devi
49/1,Karl marx Sarani, Khidderpore,P.S. South Port,Kolkata-700023.
...........Complainant(s)
Versus
1. Umesh Singh
39/5h/.9,Khidderpoer,P.S. South Port,Kolkata-700023.
2. Ashok Kumar Singh
49/5h/9,Karl Marx Sarani, Khidderpore and Flat on 4th Floor,49/1, Karl Marx Sarani, Rajbari Bhukailash Shib Mandir,Babubazar,Khidderpore,P.S. South Port,Kolkata-700023.
3. The Officer-In-Charge,South Port Police Station
1, Satya Doctor Road, Andaman Dock,Khidderpore,Kolkata-700023.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 31 Mar 2021
Final Order / Judgement

Order No. 03   Date-31.03.2021

 

Record is put up for order.

The matter was heard on 26.03.2021.

Having heard the Ld. Advocate for the complainant and on perusal of the contents of the petition of complaint coupled with documents annexed thereto, we are of the view that the subject matter of dispute is not amenable in this commission as the complainant has prayed for a decree of declaration that the OPs 1 and 2 are bound to discharge their obligation in terms of the agreement dated  11.02.20218 and direct upon OP-3/ the Office In Charge, South Port Police Station, Kolkata to act in accordance with law. The prayer of the complainant is decelerating in nature. Therefore, we are not inclined to admit the complaint and dismissed in limini.

It is however, made clear that the dismissal of the consumer complaint shall not come to the way of the complainant approaching a Civil Court or availing such remedy other than a consumer complaint as may be open to it in law.

 

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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