DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 204/2023
Date of Filing Date of Disposal
22.06.2023 11.10.2023
Complainant/s:- | - Wazda Tabassun, W/o Md. Md. Sarfuddin, R/o Segun Bagan, P.O. Telenipara, P.S. Telenipara, District Hooghly, Pin – 712125.
- Sajda Tabassun,
W/o Abdul Haque, R/o Hazi Nagar, P.O. Halisahar, P.S. Halisahar, District North 24 Parganas, Pin – 743135. - Faiyazzaman Ahsan
- Ayazzaman Ahsan
- Parvez Ahsan
- Anwar Ali
All are daughter and sons of Late Md. Atiquallah Ahsan and Amina Khatun, 3 to 6 are r/o House no. 6/3, BL/no-5, P.O. Kankinara, P.S. – Jagardal, District North 24 Parganas, Pin – 743126. -Vs- |
Opposite Party/s:- | - Bijay Prasad Shaw, S/o Late Hariprasad Shaw
- Anjana Shaw, W/o Late Ajay Prasad Shaw
- Anjali Shaw
- Aniket Shaw
- Aman Shaw
3 to 5 are daughter and sons of Late Ajay Prasad Shaw, - Smt. Kunti Devi, W/o Late Mahendra Prasad Shaw
- Sanjay Kumar Shaw
- Ranjit Kumar Shaw
Both are s/o Late Mahendra Prasad Shaw - Kamali Devi
W/o Late Yogendra Prasad Shaw - Rinku Shaw
- Pintu Shaw
- Rohit Shaw
All Late – Yogendra Prasad Shaw - Suresh Prasad Shaw
- Indra Narayan Shaw
Both are sons of Late – Hari Prasad Shaw All are Residing at H/no-44, B.L No. 7, Kachahari Road, P.O. Kankinara, P.S. Jagatdal, District North 24 Parganas, Pin – 743126. |
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P R E S E N T :- Sri Daman Prosad Biswas………President.
:- Sri. Abhijit Basu………………. Member.
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C.C. No. 204/2023
JUDGMENT/FINAL ORDER
Today is fixed for final order. Complainant is absent without any steps. None appears on behalf of the Complainant on repeated calls even on second call. The case is taken up for order. Perused record. We find that Complainant filed this petition U/s 35 of Consumer Protection Act, 2019 praying for order for specific performance of contract.
He alleged in the petition of complaint that O.Ps were prayed to transfer the schedule mentioned property with the consideration of Rs. 20 lakhs in favour of the Complainant and they took Rs. 2 lakhs from the Complainant and executed one agreement for sale in favour of the Complainant but O.P did not execute the sale-deed in favour of the Complainant inspite of repeated calls. Hence, the Complainant filed this case and prayed for aforesaid relief.
Decisions with reasons:-
This case was fixed on 06/07/2023 for admission hearing. But on that date Complainant was absent on repeated calls. Thereafter 11/07/2023 was fixed for admission hearing but on that date Complainant was absent without any steps. Thereafter next date was fixed on 17/07/2023. On that date Complainant was found absent on repeated calls.
Next date was fixed on 11/09/2023, on that date Complainant did not take any steps and did not file Show Cause as per order dated 17/07/2023. On 04/10/2023 Complainant did not file Show Cause as per order dated 11/09/2023.
The aforesaid conducts indicates that Complainant lost his interest about this case. In this situation we have no other alternative but to dismiss the case.
Hence,
It is Ordered:-
That the present case be and the same vide no. C.C./204/2023 is dismissed being not admitted.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
