DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./149/2021
Date of Filing Date of Admission Date of Disposal
19.08.2021 01.11.2021 05.08.2024
Complainant/s:- | (1) Sri Sanjoy Sardar, aged about 43 yrs, S/o Sri Gour Chandra Sardar (2) Smt. Sadhana Sardar, aged about 37 yrs, W/o Sri Sanjoy Sardar, both are residing at, Flat No. B-2, Second Floor, Maa Tara Bhaban, 52, Netaji Subhas Road, Choto Battala. P.O. & P.S. New Barrackpore, Kolkata-700131 (3) Sri Debabrata Narayan Roy, aged about 53 yrs S/o Late Hirendra Narayan Roy, residing at, Flat No. A-2, Second Floor, Maa Tara Bhaban, 52, Netaji Subhas Road, Choto Battala, P.O. & P.S. New Barrackpore, Kolkata-700131. -Vs.- |
Opposite Party/s:- | M/S Maa Tara Enterprise, a Proprietorship Firm, having its registered office at, 756/A, Bidhanpally, P.O. & P.S. Madhyamgram, Kolkata-700129; Represented by its Proprietor Mr. Ujjal Das, S/o Upendra Nath Das, of CB-3, Desh Bandhu Nagar, P.S. Baguiati, Kolkta – 700059. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainants above named filed this complaint against the aforesaid Opposite Party praying for direction to the Opposite Party to complete the incomplete work, to perform all the repairing works, to issue C.C, compensation amounting to Rs. 10,00,000/-, litigation cost amounting to Rs. 1,00,000/- and other reliefs.
They alleged that Complainant No. 1 & 2 purchased the flat being no. B2 measuring about 684 sq.ft. super built up area by deed of conveyance dated 28/11/2018 vide Deed No. 7699 registered at D.S.R – I, Barasat.
They alleged that Complainant No. 3 purchased the flat being no. A2 by deed of conveyance dated vide Deed No. 1244 of 2016 registered at D.S.R – I, Barasat.
They further alleged that some works of the said apartment are still incomplete.
Hence, the Complainants filed this case.
Decisions with Reasons:-
Case was admitted on 01/11/2021.
Thereafter, 01/04/2024 was fixed for further order. On that date Complainants were found absent without any steps. They were asked to file Show Cause by 24/04/2024 as to why necessary order shall not be passed against him vide order no. 14 dated 01/04/2024.
But on the next date i.e. on 24/04/2024 Complainants did not take any steps nor filed Show Cause as per order no. 14 dated 01/04/2024 and on that date Lawyers did not participate in the Court proceedings.
Next date was fixed on 29/05/2024. But on that date Complainants were absent. Case was adjourned due to no quorum. Thereafter 31/07/2024 was fixed for filing Show Cause by the Complainants.
Contd. To page no. 2 . . . ./
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C.C. No./149/2021
On that date i.e. on 31/07/2024 Complainants were absent without any steps. They did not file Show Cause. Hence, case is fixed today for final order / judgment.
On perusal of record we find that Complainants not yet filed any original documents in support of their case.
The conduct of the Complainants indicate that they are not willing to proceed with this case. In this situation we have no other alternative but to dismiss the case.
In the result, present case fails.
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/149/2021 is dismissed ex-parte against the Opposite Party but without any order as to costs.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
