West Bengal

North 24 Parganas

CC/205/2023

Rashida Tabassun,W/o Md. Firoz Ansari - Complainant(s)

Versus

Bijay Prasad Shaw,S/o Late Hari Prasad Shaw - Opp.Party(s)

Md. Ramajan Ali

11 Oct 2023

ORDER

DCDRF North 24 Paraganas Barasat
Kolkata-700126.
 
Complaint Case No. CC/205/2023
( Date of Filing : 22 Jun 2023 )
 
1. Rashida Tabassun,W/o Md. Firoz Ansari
P.O.-Telenipara,P.S.-Bhadreshwar
...........Complainant(s)
Versus
1. Bijay Prasad Shaw,S/o Late Hari Prasad Shaw
P.O.-Kankinara,P.S.-Jagatdal
2. Anjana Shaw
P.O.-Kankinara,P.S.-Jagatdal
3. Anjali Shaw
P.O.-Kankinara,P.S.-Jagatdal
4. Aniket Shaw
P.O.-Kankinara,P.S.-Jagatdal
5. Aman Shaw
P.O.-Kankinara,P.S.-Jagatdal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Daman Prasad Biswas PRESIDENT
 HON'BLE MR. Sri Abhijit Basu MEMBER
 
PRESENT:
 
Dated : 11 Oct 2023
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 205/2023    

Date of Filing                                                               Date of Disposal

  22.06.2023                                                                       11.10.2023

 

Complainant/s:-

Rashida Tabassun, W/o Md. Firoz Ansari, R/o Beriya Ground, P.O. Telenipara, P.S. Bhadreshwar, District Hooghly, Pin – 712125.

-Vs-

 

Opposite Party/s:-

  1. Bijay Prasad Shaw, S/o Late Hariprasad Shaw
  2. Anjana Shaw, W/o Late Ajay Prasad Shaw
  3. Anjali Shaw
  4. Aniket Shaw
  5. Aman Shaw

3 to 5 are daughter and sons of Late Ajay 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.

 

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

 

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 awaiting order specific performance of contract dated 03/12/2015. He alleged in the petition of complaint that O.P prays to transfer the schedule mentioned property with the consideration of Rs. 20 lakhs in favour of the Complainant and he 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 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.

 

         

Contd. To Page No. 2….

: :  2  : :

C.C. No. 205/2023

 

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 case be and the same vide no. C.C./205/2023 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

                                                                   

         

 
 
[HON'BLE MR. Daman Prasad Biswas]
PRESIDENT
 
 
[HON'BLE MR. Sri Abhijit Basu]
MEMBER
 

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